Serial Number: 79020609

Reg Number: 3298197

Word Mark: GEBREU DEM BAYERISCHEN REINHEITSGEBOT VON 1516 AUS BAYERN ERDINGER WEISSBRAU ERDINGER HEFE-WEIZEN NON ALCOHOLIC CONTAINS LESS THAN 0.5% ALCOHOL BY VOLUME PRODUCT OF GERMANY MALT BEVERAGE NET CONTENTS 1 PINT 9 FL.OZ.

Translation: "The foreign wording in the mark translates into English as "According to the Bavarian Purity Law of 1516" and "from Bavaria"."

Goods and Services: IC 032. US 045 046 048. G & S: Beers, particularly wheat beer, non-alcoholic beer, beer with reduced alcohol, mixed drinks comprised primarily of beer; mineral waters, aerated beverages and other non-alcoholic drinks, namely aerated waters, aerated fruit juices, and aerated fruit drinks; fruit drinks and fruit juices; syrups for beverages

IC 033. US 047 049. G & S: Alcoholic beverages, namely, distilled spirits, wines, alcoholic beverges of fruit, sparkling wines, aperitifs, cordials, liqueurs, brandy, cognac

IC 043. US 100 101. G & S: Serving food and drink; temporary accommodations

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

Design Search Code: 05.13.25 - Bales of hay or straw; Hay in bales; Other plants including bales of hay or straw; Straw in bales
24.09.07 - Advertising, banners; Banners
25.01.25 - Borders, ornamental; Other framework and ornamental borders
26.01.04 - Circles with two breaks or divided in the middle
26.01.17 - Circles, two concentric; Concentric circles, two; Two concentric circles
26.01.21 - Circles that are totally or partially shaded.
26.11.21 - Rectangles that are completely or partially shaded
26.11.25 - Rectangles with one or more curved sides
26.17.13 - Letters or words underlined and/or overlined by one or more strokes or lines; Overlined words or letters; Underlined words or letters

Filing Date: 11/21/2005

Current Basis: 66A

Original Filing Basis: 66A

Owner: (REGISTRANT) ERDINGER Weißbräu Franz Brombach COMPANY FED REP GERMANY Lange Zeile 1-3 85435 Erding FED REP GERMANY

Attorney of Record: Barbara A. Friedman

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE HEFE-WEIZEN, AUS BAYERN, NON-ALCOHOLIC, CONTAINS LESS THAN 0.5% ALCOHOL BY VOLUME, GETREU DEM BAYERISCHEN REINHEITSGEBOT VON 1516, MALT BEVERAGE, NET CONTENTS 1 PINT .9 FL. OZ., PRODUCT OF GERMANY APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) blue, gold, brown, red and white is/are claimed as a feature of the mark. The mark consists of a metallic medium blue background with a gold border. The background is striated with lighter blue. Within the gold border on top appears the words "Getreu dem Bayerischen Reinheitsgebot von 1516" in gold. Below that is an open circle, the interior of which is white, whose top half is dark blue and whose bottom half is red; in the top half of the circle is the word ERDINGER in white letters and on the bottom half of the circle is the word WEISSBRAU in white. The inner and outer rings of the circle are bordered in gold. Within the circle and on either side of the circle are wheat sheaves in gold. Beneath the circle is a gold ribbon with the words "Aus Bayern" in brown. The words ERDINGER in gold and "Hefe-Weizen" in red appear below "Aus Bayern". Along the bottom "Non Alcoholic" appears in white, and "Contains less than 0.5% Alcohol by Volume" appears in gold. Gold lines underscore "Erdinger," "Hefe-Weizen," and Non-Alcoholic". Along the left side appears "Malt Beverage" in gold and "net contents 1 Pint .9 FL. OZ". in gold. Along the right side in gold is "Product of Germany".

Type of Mark: TRADEMARK. SERVICE MARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 2085215;3074985;3084005;AND OTHERS

SiteNo: 39876