Serial Number: 79005199

Reg Number: 3142303

Word Mark: ZWACK UNICUM GYARTVA 1790-TOL

Translation: The foreign wording in the mark translates into English as "made since 1790".

Goods and Services: IC 033. US 047 049. G & S: Alcoholic beverages, namely, wine, distilled spirits and liqueurs

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

Design Search Code: 19.09.02 - Bottles, jars or flasks with bulging, protruding or rounded sides; Flasks with bulging or protruding sides; Jars with bulging or protruding sides
24.13.02 - Cross, Greek (equal sides); Greek cross (equal sized lines)
26.01.02 - Circles, plain single line; Plain single line circles
26.01.17 - Circles, two concentric; Concentric circles, two; Two concentric circles
26.01.20 - Circles within a circle
26.01.21 - Circles that are totally or partially shaded.

Filing Date: 07/30/2004

Current Basis: 66A

Original Filing Basis: 66A

Owner: (REGISTRANT) Z & U SPIRITUOSEN MARKETING GMBH CORPORATION AUSTRIA 43, Heiligenstädter Strasse A-1190 WIEN AUSTRIA

Attorney of Record: Jan Tamulewicz

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "GYARTVA 1790-TÖL" APART FROM THE MARK AS SHOWN

Description of Mark: The colors red, gold, white, green, and black are claimed as a feature of the mark. The color black appears on the depiction of the bottle; the color white appears on the wording "UNICUM" "ZWACK" and "GYARTVA 1790-TÖL" as well as on the outside border of the red circle, the outside border of the cross in the circle, and in the center line of the three-line band at the top of the bottle; the color gold appears on the depiction of the cross at the center of the red circle; the color red appears on the depiction of the circle surrounding the cross, the top line of the three-line band at the top of the bottle, and in the three dimensional shading of the cross in the center of the circle; the color green appears on the depiction of the bottom line of the three-line band at the top of the bottle. The mark is trade dress for the bottle, but does not include the non-distinctive bottle shape. The mark consists of a three-line band at the top of the bottle, the terms "UNICUM" and "GYARTVA 1790-TÖL" that appear directly above a design element consisting of a red circle that surrounds a three dimensional gold cross, and the term ZWACK which appears directly below the design element. In addition, the term UNICUM also appears above the three-line band at the top of the bottle.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 1493429

SiteNo: 49723