| Serial Number | 88156027 |
| Word Mark | EXITUS EXITUS WINE |
| Filing Date | Monday, October 15, 2018 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, December 31, 2019 |
| Registration Number | 5947452 |
| Registration Date | Tuesday, December 31, 2019 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 15, 2019 |
| Goods and Services | Wine |
| Indication of Colors claimed | The color(s) black and gold is/are claimed as a feature of the mark. |
| In Another Form Statement | The mark was first used anywhere in a different form other than that sought to be registered at least as early as 12/08/2011 |
| In Another Form Statement | The mark was first used in commerce in a different form other than that sought to be registered at least as early as 01/25/2012 |
| Description of Mark | The mark consists of a three-dimensional bottle design. The label on the front of the bottle is printed in gold on a black background and consists of a gold rectangle enclosing the stylized word "EXITUS" in gold and black with a curved line above the wording with a break before the letter "I" in "EXITUS" with two sets of double wavy gold lines above the broken curved line. Below the wording appears a gold curved line with the center of the line being in bold, all above a drawing of a wooden cask in black and gold with gold shadowing around the wooden cask, both of which are framed by a gold solid line border with vertical sides tapering to a pointed top and a slightly rounded bottom resembling a shield. Beneath the pointed top appears a golden crown with a leaf-like shape at the top and three golden circles on the sides and bottom of the crown and two gold vertical lines from each side of the crown with golden circles on the lines. Above and to the right and left sides of the wooden cask appears two small golden circles and on either side of the wooden cask are two curved diagonal lines in gold, two of which are bisected with a gold leaf-like shape. To the lower left and right sides of the wooden cask appears three gold curved lines with two vertical straight lines going up towards the letter "E" and "S" in the wording "EXITUS". Below the wooden cask appears a series of gold wavy and curved lines that are connected with four breaks between the lines. Outside of the shield border are a series of decorative gold vertical and gold horizontal lines, and some gold curved lines, with gold filigree at each of the four corners of the label. At the center bottom of the black shield border is a black rectangular box outlined in gold with cropped corners in the shape of a plaque with the wording "EXITUS WINE" in gold. The broken lines outlining the bottle, the bottom of the bottle, and bottle labels indicate placement of the mark on the goods and are not part of the mark. |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, November 1, 2018 |
| Primary Code | 033 |
| First Use Anywhere Date | Thursday, February 1, 2018 |
| First Use In Commerce Date | Thursday, February 1, 2018 |
| Party Name | O'Neill Beverages Co., LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Parlier, CA 93648 |
| Party Name | O'Neill Beverages Co., LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Parlier, CA 93648 |
| Party Name | O'Neill Beverages Co., LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Parlier, CA 93648 |
| Event Date | Event Description |
| Thursday, October 18, 2018 | NEW APPLICATION ENTERED |
| Thursday, November 1, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, November 2, 2018 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Thursday, January 24, 2019 | ASSIGNED TO EXAMINER |
| Wednesday, January 30, 2019 | NON-FINAL ACTION WRITTEN |
| Wednesday, January 30, 2019 | NON-FINAL ACTION E-MAILED |
| Wednesday, January 30, 2019 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Sunday, June 2, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, June 2, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, June 3, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, June 19, 2019 | NON-FINAL ACTION WRITTEN |
| Wednesday, June 19, 2019 | NON-FINAL ACTION E-MAILED |
| Wednesday, June 19, 2019 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Sunday, August 18, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, August 18, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, August 19, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Sunday, September 8, 2019 | TEAS VOLUNTARY AMENDMENT RECEIVED |
| Sunday, September 8, 2019 | PRELIMINARY/VOLUNTARY AMENDMENT - ENTERED |
| Monday, September 9, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, September 11, 2019 | ASSIGNED TO LIE |
| Wednesday, September 25, 2019 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, October 15, 2019 | PUBLISHED FOR OPPOSITION |
| Tuesday, October 15, 2019 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, December 31, 2019 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, December 3, 2020 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, December 3, 2020 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, December 3, 2020 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, December 3, 2020 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, December 3, 2020 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Tuesday, December 31, 2024 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Monday, December 1, 2025 | TEAS SECTION 8 & 15 RECEIVED |