Serial Number: 85679889

Word Mark: CAPTAIN & COLA CAPTAIN & COLA HENRY MORGAN CM CAPTAIN MORGAN MALT BEVERAGES 1680 CAPTAIN MORGAN N S E W CM CAPTAIN MORGAN MALT BEVERAGES HENRY MORGAN

Goods and Services: IC 032. US 045 046 048. G & S: Brewed malt-based alcoholic beverage in the nature of a beer

Mark Drawing Code: (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Design Search Code: 02.01.14 - Men, pirates; Pirates (men)
17.07.05 - Compasses (directional); Directional compasses, including mariner's compasses and compass points
18.07.04 - Brigs (boats); Clippers (boats); Schooners (boats); Ships with two and three masts, including brigs, clippers and schooners
19.05.01 - Barrels; Drums (barrels)
23.01.01 - Epees; Foils; Rapiers; Sabers; Swords
24.09.07 - Advertising, banners; Banners
26.01.05 - Circles made of broken or dotted lines
26.01.18 - Circles, three or more concentric; Concentric circles, three or more; Three or more concentric circles
26.01.31 - Circles - five or more; Five or more circles

Filing Date: 07/18/2012

Current Basis: 1B

Original Filing Basis: 1B

Owner: (APPLICANT) Diageo North America, Inc. CORPORATION CONNECTICUT 801 Main Avenue Norwalk CONNECTICUT 06851

Attorney of Record: Nicole D. D'Amato

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "COLA" AND "MALT BEVERAGES" APART FROM THE MARK AS SHOWN

Description of Mark: Color is not claimed as a feature of the mark. The mark consists of A horizontal banner containing the words "CAPTAIN" and "COLA" with an ampersand and crossed swords design connecting the words appearing on both sides of a pirate holding a sword in his right hand with his left leg raised and one foot on a barrel. The shadow design of the same pirate appears to the left behind the banner. Above and to the left of the pirate shadow is the stylized signature of "Henry Morgan". To the right of the pirate shadow and across the top of the design are four circles: the first circle consists of the design of crossed swords overlapping with the stylized letters "CM" featured in the center of a concentric circular design comprised of three circles, where the second innermost circle features the terms "Captain Morgan" and "Malt Beverages" above and below the "CM" and crossed swords design in the center; the second circle consists of the design of ship with sails in the center; the third circle consists of the stylized date 1680 in the center of the circle with the terms "Captain Morgan" above and below the 1680; and the fourth circle consists of a compass design featuring the letters N, S, E and W. Below the second CAPTAIN & COLA letters to the right of the pirate design is the design of crossed swords overlapping with the stylized letters "CM" superimposed in the center of a circular design with small circles appearing in the second innermost circle and featuring the terms "Captain Morgan Malt Beverages" above and below the CM crossed swords design and having the stylized "Henry Morgan" signature cutting into the left hand side top of the circle.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 4003649;4006422;4177105;AND OTHERS

SiteNo: 969