| Serial Number | 97711311 |
| Word Mark | DOWNRIVER BREWING CO. LEMON FLAVORED HARD TEA FULLY SWEETENED READY TO SERVE GIMME A ZIMMIE! HARD JUST POUR IT! DOWNRIVER BREWING CO. AND ZIMMERMAN'S DAIRY PRESENT GIMME A ZIMMIE! HARD ICED TEA LEMON FLAVORED WITH SUGAR ADDED |
| Filing Date | Friday, December 9, 2022 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, August 27, 2024 |
| Registration Number | 7484623 |
| Registration Date | Tuesday, August 27, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, June 11, 2024 |
| Description of Mark | The mark consists of a square label design. On the left side of the label, there is a red vertical rectangle, above which on the left is a brown right-pointing arrow, and above which on the right is a brown outline of a thicker right-pointing arrow. Inside and at the top of the rectangle is a yellow trapezoid. Five wavy brown lines followed by a vertical brown line followed by the stacked wording "DOWNRIVER BREWING CO." in brown appear at the top of the trapezoid. Below is the wording "LEMON FLAVORED HARD TEA FULLY SWEETENED READY TO SERVE", all of which is brown except for "HARD TEA," which consists of a brown outline of the letters with a white offset version of the letters. Below the yellow trapezoid is a white trapezoid with the stylized wording "GIMME A ZIMMIE!" in brown within the white trapezoid. Below the foregoing is a design of filled glass in white, brown, and yellow, with two yellow and brown lemon designs at the bottom of the glass. A yellow oval with brown outline overlays the glass, with the word "HARD" in brown inside the oval. Below the lemons is another white trapezoid with the stylized wording "JUST POUR IT!" in brown inside. On the right side of the label are two brown oval outlines above two brown curved arrows with dotted tails and pointing in opposite directions. Below the arrows is a brown outline of a rectangle, inside and at the top of which appears five wavy brown lines followed by a vertical brown line followed by the stacked wording "DOWNRIVER BREWING CO." in brown. This is followed by the word "AND" in brown, which is followed by the stylized word "ZIMMERMAN'S" in brown, with the bottom of the "S" extending below "ZIMMERMAN'S" with the word "DAIRY" in white appearing inside the extended line. Below the foregoing is the word "PRESENT" in brown, and below this is the stylized wording "GIMME A ZIMMIE!" in brown. Below this wording is a yellow oval with brown outline, inside which is the word "HARD" in brown. Below the oval is the wording "ICED TEA" with a brown outline and yellow offset letters. Below "ICED TEA" is the wording "LEMON FLAVORED WITH SUGAR ADDED" in brown. All the foregoing appears against a white background. |
| Pseudo Mark | SELL BY TO OPEN DOWNRIVER BREWING CO LEMON FLAVORED HARD TEA FULLY SWEETENED READY TO SERVE GIMME A ZIMMIE HARD JUST POUR IT KEEP REFRIGERATED CONTAINS ALCOHOL SPOUT PUSH UP HERE TO OPEN PUSH UP HERE DOWNRIVER BREWING CO AND ZIMMERMAN'S DAIRY PRESENT GIMME A ZIMMIE HARD ICED TEA LEMON FLAVORED WITH SUGAR ADDED ZIMMERMAN'S DAIRY LEHIGHTON PENNSYLVANIA DOWNRIVER BREWING CO STROUDSBURG PENNSYLVANIA CHILL AND SERVE MALT BEVERAGE WITH NATURAL FLAVORS |
| Indication of Colors claimed | The colors brown, red, yellow and white are claimed as a feature of the mark. |
| Goods and Services | Alcoholic beverages, except beer |
| NOT AVAILABLE | "BREWING CO.", "LEMON FLAVORED HARD TEA FULLY SWEETENED READY TO SERVE", "HARD", AND "ICED TEA LEMON FLAVORED WITH SUGAR ADDED" |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, January 7, 2023 |
| Primary Code | 033 |
| First Use Anywhere Date | Thursday, August 19, 2021 |
| First Use In Commerce Date | Thursday, August 19, 2021 |
| Party Name | Banter's Craft Beverages LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Stroudsburg, PA 18360 |
| Party Name | Banter's Craft Beverages LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Stroudsburg, PA 18360 |
| Party Name | Banter's Craft Beverages LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Stroudsburg, PA 18360 |
| Event Date | Event Description |
| Tuesday, December 13, 2022 | NEW APPLICATION ENTERED |
| Saturday, January 7, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, January 10, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Thursday, September 14, 2023 | ASSIGNED TO EXAMINER |
| Thursday, September 21, 2023 | NON-FINAL ACTION WRITTEN |
| Wednesday, December 20, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, September 21, 2023 | NON-FINAL ACTION E-MAILED |
| Thursday, September 21, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, December 20, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, December 21, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, January 22, 2024 | FINAL REFUSAL WRITTEN |
| Monday, January 22, 2024 | FINAL REFUSAL E-MAILED |
| Monday, January 22, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, January 23, 2024 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, January 23, 2024 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, January 23, 2024 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, May 7, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, May 22, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, June 11, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, June 11, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, August 27, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, August 27, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |