Serial Number: 85007790

Reg Number: 4046214

Word Mark: SOUTHERN COMFORT NEW ORLEANS ORIGINAL EST 1874 M.W. HERON NONE GENUINE BUT MINE, INSPIRED BY THE CRESCENT CITY PERFECTED BY M.W. HERON SC 18 74

Goods and Services: IC 033. US 047 049. G & S: Distilled Spirits. FIRST USE: 20100501. FIRST USE IN COMMERCE: 20100501

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

Design Search Code: 01.01.03 - Star - a single star with five points
01.05.03 - Sun representing a human face or an animal
01.11.02 - Moons, crescent; Moons, half; Partial moons, including half moons and crescent moons (not a moon with craters)
01.11.03 - Moons representing a human face
02.01.01 - Busts of men facing forward; Heads of men facing forward; Men - heads, portraiture, or busts facing forward; Portraiture of men facing forward
05.05.03 - Fleur-de-lis
06.07.02 - Villages from a distant perspective
18.05.04 - Buses; Cable cars, trolley; Trolleys
19.09.03 - Bottles, jars or flasks with straight, vertical sides; Flasks with straight or vertical sides; Jars with straight or vertical sides
20.03.10 - Bottle labels; Labels for bottles
26.01.17 - Circles, two concentric; Concentric circles, two; Two concentric circles
26.01.21 - Circles that are totally or partially shaded.
26.03.17 - Concentric ovals; Concentric ovals and ovals within ovals; Ovals within ovals; Ovals, concentric
26.03.21 - Ovals that are completely or partially shaded
26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.05 - Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal
26.17.25 - Other lines, bands or bars

Filing Date: 04/06/2010

Current Basis: 1A

Original Filing Basis: 1B

Owner: (REGISTRANT) Southern Comfort Properties, Inc. CORPORATION CALIFORNIA 4040 Civic Center Drive, Suite 528 San Rafael CALIFORNIA 94903

Attorney of Record: David S. Gooder

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "NEW ORLEANS ORIGINAL EST 1874" AND "CRESCENT CITY" APART FROM THE MARK AS SHOWN

Description of Mark: Color is not claimed as a feature of the mark. The mark consists of a shield design containing a fleur-de-lis with four darkened circles on each side above the words "NEW ORLEANS ORIGINAL" arched above the word "SOUTHERN" above a scrolled design above the word "COMFORT" above an oval shape with a collage of the following images inside: buildings, crescent moon and stars, lamp post, man on horse, trolley car, bridge, river boat and water, picket fence. To the left of the oval is the term "EST" and to the right of the oval is the number "1874". On either side of the oval is a darkened triangular shape with four darkened circles bordering each upper side of the oval. Beneath the shield design is the wording "M.W. Heron" in a script font. Beneath this wording, at the bottom of the bottle is a rectangular border with a curve in the top containing the wording "NONE GENUINE" on the left and "BUT MINE" on the right. Beneath this wording are two rows of darkened circles. In the center of the rectangle is a darkened circle containing the design of a crescent moon, a decorative scroll and the letters "SC". To the left of the circle is the number "18" and to the right of the circle is the number "74". Beneath the circle are two small triangular shapes. To the left of circle, beneath the small darkened circles is the wording "Inspired by the Crescent City". To the right of the circle, beneath the small darkened circles is the wording "Perfected by M.W. Heron". The configuration of raised vertical ribs appears around the shoulder of the bottle, and the bottle neck and cap contains the following: women's face, crescent moon, alligator, hand, street car, the letters "restau," man's face, and below that the words "Southern Comfort". The shape of the bottle is not claimed as part of the mark and appears in dotted lines.

Type of Mark: TRADEMARK

Register: PRINCIPAL-2(F)-IN PART

Live/Dead Indicator: LIVE

Prior Registrations: 1522030;2650502;2797121;AND OTHERS

SiteNo: 4477