Serial Number: 85516668

Reg Number: 4302549

Word Mark: ON AUGUST 26 1688 CAPTAIN HENRY MORGAN WAS LAID TO REST IN THE SANDY SHORES OF PORT ROYAL JAMAICA SHORTLY THEREAFTER A MASSIVE EARTHQUAKE SHOOK THE ISLAND CASTING THE CAPTAIN'S COFFIN INTO THE CHURNING WATERS OF PORT ROYAL HARBOUR NEVER TO BE SEEN AGAIN SOME BELIEVE THE CAPTAIN'S RESTLESS SPIRIT LIVES ON TO THIS DAY SAILING THE SEAS OF THE CARIBBEAN IN SEARCH OF HIS MORTAL REMAINS CAYMAN ISLAND JAMAICA CARIBBEAN SEA RESTED IN PEACE AUGUST 26 1688 PREMIUM BLACK SPICED RUM HENRY MORGAN

Goods and Services: IC 033. US 047 049. G & S: Alcoholic beverages except beers. FIRST USE: 20120215. FIRST USE IN COMMERCE: 20120215

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

Design Search Code: 01.17.25 - Bodies of water (maps); Cities (maps); Counties (maps); Maps or outlines of other geographical areas
02.01.14 - Men, pirates; Pirates (men)
02.11.10 - Bones, human; Human skeletons, parts of skeletons, bones, skulls; Skulls, human
05.15.02 - Laurel leaves or branches (borders or frames); Wreaths
06.01.01 - Cliffs; Quarries; Rocks; Walls of rock
06.03.01 - Beaches; Coastlines; Shores
09.03.01 - Blazers; Coats; Fur coats; Jackets; Parkas; Ponchos; Rain coats; Shawls; Vests, clothing
09.05.04 - Tri-cornered hats
09.07.01 - Boots, hiking; Boots, rain and snow; Boots, western (cowboy); Hiking boots; Waders, wading boats (fishing)
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)
20.03.10 - Bottle labels; Labels for bottles
23.01.01 - Epees; Foils; Rapiers; Sabers; Swords
26.01.17 - Circles, two concentric; Concentric circles, two; Two concentric circles

Filing Date: 01/13/2012

Current Basis: 1A

Original Filing Basis: 1B

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

Attorney of Record: Nicole D'Amato

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE THE DESIGN OF THE MAP OF JAMAICA AND "PORT ROYAL JAMAICA", "CAYMAN ISLAND", "JAMAICA", "CARIBBEAN SEA" AND "PREMIUM BLACK SPICED RUM" APART FROM THE MARK AS SHOWN

Description of Mark: Color is not claimed as a feature of the mark. The mark consists of the design of an x-ray image of a pirate skeleton wearing a cape and hat, carrying a sword in hand and standing with one leg up and a foot on a barrel above water and rocks with a ship in the background and to the left is of the pirate skeleton appears the wording "on August 26, 1688 Captain Henry Morgan was laid to rest in the sandy shores of port royal Jamaica. Shortly thereafter a massive earthquake shook the island casting the Captain's coffin into the churning waters of Port Royal harbour never to be seen again. Some believe the Captain's restless spirit lives on to this day sailing the seas of the Caribbean in search of his mortal remains", and to the right of the pirate skeleton is the design of a map of Jamaica featuring the words "Cayman Island", "Jamaica", "Caribbean Sea". The words "Rested in Peace August 26 1688" appear vertically along the right side of label to the right of the design of a seal with laurel branches surrounding the seal on either side, where the wording "Premium Black Spiced Rum" and the design of a ship appear inside the seal.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 1285506;3624055;4003649;AND OTHERS

SiteNo: 17330