DAMIANA, MEXICO'S ORIGINAL MARGARITA TOPPER

What this record means

The record shows that the mark “DAMIANA, MEXICO'S ORIGINAL MARGARITA TOPPER” is dead because the applicant, Drinks Americas, Inc., failed to respond to an Office action. The mark was filed on February 7, 2007 and abandoned on December 26, 2007. It was registered on the Principal Register for the single class 033, which covers herb liqueurs. Because the mark is no longer live, it does not give the owner control over every use of the wording, but the abandoned filing still appears in the USPTO database. The prosecution history shows a non‑final action in June 2007 followed by abandonment in December, indicating the examiner had concerns that were not resolved. No oppositions, cancellations, or other enforcement actions are recorded. For someone considering a similar name, the closest concern would be the abandoned herb‑liqueur mark, and while the mark itself is no longer active, the name could still raise similarity issues in that specific product area.