Serial Number: 86037082

Word Mark: THE CLUB LIGHT STRAWBERRY MARGARITA

Goods and Services: IC 033. US 047 049. G & S: Alcoholic beverages except beers. FIRST USE: 20130520. FIRST USE IN COMMERCE: 20130520

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

Design Search Code: 01.15.25 - Coal; Dust; Light rays; Liquids, spilling; Pouring liquids; Sand; Spilling liquids
05.03.08 - More than one leaf, including scattered leaves, bunches of leaves not attached to branches
05.09.01 - Berries; Raspberries; Strawberries
11.03.01 - Glasses without stems
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.
26.09.14 - Squares, three or more; Three or more squares
26.09.16 - Squares touching or intersecting
26.09.21 - Squares that are completely or partially shaded
26.11.20 - Rectangles inside one another
26.11.21 - Rectangles that are completely or partially shaded
26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved

Filing Date: 08/13/2013

Current Basis: 1A

Original Filing Basis: 1A

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

Attorney of Record: Stuart Kauffman

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "THE SHAPE OF THE MARK" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) pink, white, red, green, silver is/are claimed as a feature of the mark. The mark consists of a pink and white background with small mirrored disco ball squares and white lights design at the top of which appears the literal element "UNDER 95 CALORIES PER 4 OZ. SERVING" in pink. There is a circular white hole and an oval white hole next to which appears the design of a rectangular pouch with the literal element "POUCH 1.75L", an equal sign design and a bottle design with the literal element "BOTTLE 1.75L", all in pink. Across the middle appears the literal element "THE CLUB" in silver and "LIGHT STRAWBERRY MARGARITA" in green in stylized lettering in front of a 2-ring circle design in pink and under which the literal element ""MADE WITH TEQUILA, TRIPLE SEC, NATURAL FLAVORS, CERTIFIED COLORS AND ARTIFICIAL SWEETNER" in silver and under which appears a pink rectangular box with the literal element "THE TEQUILA IS IN IT! AND OTHER FINE SPIRITS" in black. Below this element appears a glass holding a pink frozen drink, rimmed with white salt and red strawberries with green leaves on the edge of the glass. At the bottom right appears a circle design in silver and green with the literal element "DO NO SERVE TO CONSUMERS UNDER 21" in black and across which in a green banner with white lettering appears the literal element "CONTAINS TEQUILA & OTHER FINE SPIRITS" with a dotted line design and under which the literal element "UNDER 95 CALORIES PER 4 OZ SERVING" appears in black. A circular black pouring device is featured at the middle bottom of the mark. At the bottom of the mark appears the literal element "9.95% ALC/VOL 19.9 PROOF 1.75L" in white lettering outlined in pink.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 1453449

SiteNo: 1265