Serial Number: 77368465

Reg Number: 3574928

Word Mark: X-RATED

Goods and Services: IC 033. US 047 049. G & S: Alcoholic beverages, namely, liqueurs. FIRST USE: 20040000. FIRST USE IN COMMERCE: 20040000

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

Design Search Code: 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

Filing Date: 01/10/2008

Current Basis: 1A

Original Filing Basis: 1A

Owner: (REGISTRANT) Skyy Spirits, LLC LIMITED LIABILITY COMPANY DELAWARE 1255 Battery St. Suite 500 San Francisco CALIFORNIA 94133

Attorney of Record: James Wesley Kinnear

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "LIQUEUR", AND "A SENSUOUS FUSION OF ULTRA PREMIUM FRENCH VODKA & PROVENCE BLOOD ORANGE MINGLING WITH MANGO & PASSION FRUITS", AND "LIQUEUR", AND "PRODUIT DE FRANCE, AND 1 LITER "17% ALC./VOL" AND THE SHAPE OF THE BOTTLE AND THE CAP, AND THE COLOR OF THE LIQUID IN THE BOTTLE APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) pink and white is/are claimed as a feature of the mark. The mark consists of a frosted clear bottle through which the pink liquid within the bottle may be seen, and with a pink cap; the bottle bears the design consisting of a large white vertical letter "X" with the word "RATED" in white directly underneath the letter "X" and the word "RATED", preceded by a hyphen, depicted by an absence of frosting of the bottle emanating from the center of the letter "X" to the right, and in reverse print, to the left; beneath the word "RATED" in white appears the wording "FUSION LIQUEUR" in white. No claim is made to the shape of the bottle or cap. No claim is made to the color of the liquid in the bottle apart from the mark as shown. No claim is made to the other wording on the bottle, which reads, "A SENSUOUS FUSION OF ULTRA PREMIUM FRENCH VODKA & PROVENCE BLOOD ORANGE MINGLING WITH MANGO & PASSION FRUITS," and "LIQUEUR," and "PRODUIT DE FRANCE," and "1 LITER 17% ALC./VOL". The color pink appears as the color of the bottle cap and the color of the liquid showing through the bottle. The color white appears as the color of the wording "X RATED FUSION LQUEUR"

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 3149625;3200805;3220537

SiteNo: 8007