| Serial Number | 87541469 |
| Word Mark | TITO'S AWARD WINNING DISTILLED 6 TIMES HANDMADE VODKA CRAFTED IN AN OLD FASHIONED POT STILL BY AMERICA'S ORIGINAL MICRODISTILLERY AUSTIN TEXAS DISTILLED & BOTTLED BY FIFTH GENERATION, INC. AUSTIN, TX. 40% ALC./VOL. |
| Filing Date | Tuesday, July 25, 2017 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, January 29, 2019 |
| Registration Number | 5664169 |
| Registration Date | Tuesday, January 29, 2019 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 13, 2018 |
| Description of Mark | The mark consists of "Tito's Handmade" in black with a copper outline with an oval design in black and copper between these words, and the wording "VODKA crafted in an Old Fashioned Pot Still by America's Original Microdistillery AUSTIN TEXAS DISTILLED & BOTTLED BY FIFTH GENERATION, INC. AUSTIN, TX. 40% ALC./VOL" in black. A copper colored band runs across the bottom of the label. The oval design consists of an image of a still in copper on a black background surrounded by the wording "AWARD WINNING DISTILLED 6 TIMES" in pale yellow, with bands and stars on each side and rays around its perimeter. The entire mark is on a pale yellow background. |
| Certificate of Correction for Registration | In the statement, line 1, "Fifth Generation Inc." should be deleted, and "Fifth Generation, Inc." should be inserted. |
| Pseudo Mark | TITOS AWARD WINNING DISTILLED SIX TIMES HANDMADE VODKA CRAFTED IN AN OLD FASHIONED POT STILL BY AMERICAS ORIGINAL MICRO DISTILLERY AUSTIN TEXAS DISTILLED AND BOTTLED BY FIFTH GENERATION INC AUSTIN TEXAS FORTY PERCENT ALCOHOL VOLUME |
| Section 2(f) Limitation Statement | "HANDMADE" has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 3328375 |
| Indication of Colors claimed | The color(s) pale yellow, black and copper is/are claimed as a feature of the mark. |
| Goods and Services | Distilled spirits |
| NOT AVAILABLE | "AWARD WINNING DISTILLED 6 TIMES VODKA CRAFTED IN AN OLD FASHIONED POT STILL BY AMERICA'S ORIGINAL MICRODISTILLERY AUSTIN TEXAS DISTILLED & BOTTLED BY, "INC.", "AUSTIN, TX." AND 40% ALC./VOL" |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | 6 - Active |
| Class Status Date | Sunday, July 30, 2017 |
| Primary Code | 033 |
| First Use Anywhere Date | Wednesday, March 31, 1999 |
| First Use In Commerce Date | Wednesday, March 31, 1999 |
| Party Name | Fifth Generation, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Austin, TX 78719 |
| Party Name | Fifth Generation, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Austin, TX 78719 |
| Party Name | Fifth Generation, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Austin, TX 78719 |
| Event Date | Event Description |
| Thursday, August 3, 2017 | TEAS VOLUNTARY AMENDMENT RECEIVED |
| Friday, July 28, 2017 | NEW APPLICATION ENTERED |
| Sunday, July 30, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, August 1, 2017 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Thursday, August 24, 2017 | ASSIGNED TO LIE |
| Saturday, September 2, 2017 | PRELIMINARY/VOLUNTARY AMENDMENT - ENTERED |
| Tuesday, September 12, 2017 | ASSIGNED TO EXAMINER |
| Thursday, September 21, 2017 | NON-FINAL ACTION WRITTEN |
| Thursday, September 21, 2017 | NON-FINAL ACTION E-MAILED |
| Thursday, September 21, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, March 13, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, March 13, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, March 13, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, September 26, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Saturday, March 17, 2018 | SUSPENSION LETTER WRITTEN |
| Saturday, March 17, 2018 | LETTER OF SUSPENSION E-MAILED |
| Saturday, March 17, 2018 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Wednesday, October 24, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, November 13, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, November 13, 2018 | PUBLISHED FOR OPPOSITION |
| Tuesday, January 29, 2019 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, September 17, 2019 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, September 17, 2019 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, May 3, 2022 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Tuesday, May 3, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, May 3, 2022 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, May 3, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, May 3, 2022 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Wednesday, April 5, 2023 | TEAS SECTION 7 REQUEST RECEIVED |
| Tuesday, November 21, 2023 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Friday, May 10, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, May 10, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, December 8, 2023 | POST REGISTRATION ACTION MAILED - SEC. 7 |
| Monday, January 29, 2024 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Friday, May 10, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, June 4, 2024 | TEAS RESPONSE TO OFFICE ACTION-POST REG RECEIVED |
| Tuesday, September 3, 2024 | NOTICE OF UPDATED REGISTRATION CONFIRMATION EMAILED |
| Monday, July 15, 2024 | CORRECTION UNDER SECTION 7 - PROCESSED |