The mark was first used anywhere in a different form other than that sought to be registered at least as early as 08/12/2004.
The mark was first used in commerce in a different form other than that sought to be registered at least as early as 10/20/2003.
The color(s) dark blue, light blue, magenta, green, gold, red, black and gray is/are claimed as a feature of the mark.
"OAXACA"
The mark consists of the words "EL RECUERDO DE OAXACA" in stylized letters against a label shaped like a tombstone. The word "EL" is centered above the word "RECUERDO", and the words "DE OAXACA" are centered below the word "RECUERDO". The word "OAXACA" is rendered in red letters, and the remaining words are rendered in black letters. A red tilde appears to the left of the word "OAXACA." There is a green line broken by an irregular flourish beneath the words, and a gray and black drawing above the words of a Mexican pyramid with three spiky plants in the foreground. The foregoing elements appear against a gold, tombstone shaped background, bordered in dark blue. The dark blue border contains a thin, light blue line, a thick magenta line with a Greek key pattern, and a thick double line in green. Dark blue and magenta glyphs are centered at the top and bottom of the label.
The stippling is a feature of the mark and does not indicate color.
The English translation of EL RECUERDO DE OAXACA in the mark is THE SOUVENIR OF OAXACA or THE MEMORY OF OAXACA.