Serial Number: 86037084

Word Mark: THE CLUB 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
05.09.04 - Lemons; Limes
05.09.13 - Fruits (slices or quarters of)
11.03.15 - Champagne glasses; Glasses with stems; Goblets; Stemware (glasses); Wine glasses
19.09.03 - Bottles, jars or flasks with straight, vertical sides; Flasks with straight or vertical sides; Jars with straight or vertical sides
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) greenk silver, black, white is/are claimed as a feature of the mark. The mark consists of a green and black background with small mirrored disco ball squares and white lights design at the top of 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 white. There is a circular white hole and an oval white hole next to which appear the literal element "10 6 OZ. COCKTAILS" in white. Across the middle appears the literal element "THE CLUB MARGARITA" in silver in stylized lettering in front of a 2-ring circle design in green and under which the literal element ""MADE WITH TEQUILA, TRIPLE SEC, NATURAL FLAVORS & CERTIFIED COLOR" in silver and under which appears a green 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 green frozen drink, rimmed with white salt and a lime slice 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. 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 black lettering.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 1453449

SiteNo: 1264