Request for Reconsideration after Final Action - TTABVue

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

The table below presents the data as entered.

Input Field Entered

SERIAL NUMBER 87868652

LAW OFFICEASSIGNED

LAW OFFICE 103

MARK SECTION

MARK FILE NAME https://tmng-al.uspto.gov/resting2/api/img/87868652/large

LITERAL ELEMENT IMMORTAL

STANDARD CHARACTERS NO

USPTO-GENERATED IMAGE NO

COLOR(S) CLAIMED(If applicable) The color(s) red, black, blue, gray and white is/are claimed as a feature of the mark.

DESCRIPTION OF THEMARK(and Color Location, ifapplicable)

The mark consists of the term IMMORTAL, where the "O" is depicted by the stylized immortal jellyfish. Thejellyfish has a red shape internally, surrounded in blue and white bubbles, with white rays emanating from it. Abackground of black rays with black and blue dots emanating appears behind the immortal jellyfish. Thetentacles of the immortal jellyfish hang beneath the body, and are white within the black background.

ARGUMENT(S)

Please see the actual argument text attached within the Evidence section.

EVIDENCE SECTION

EVIDENCE FILE NAME(S)

ORIGINAL PDF FILE evi_667716030-20190614181005912552_._Request_for_Reconsideration_6.13.19.pdf

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ORIGINAL PDF FILE evi_667716030-20190614181005912552_._Martin_Decl._ISO_request_for_reconsideration__19358085_1_.pdf




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ORIGINAL PDF FILE evi_667716030-20190614181005912552_._Francis_Exhibit_T.pdf


































DESCRIPTION OF EVIDENCEFILE

the actual argument text, as well as the referenced Declaration of Timothy Martin (including related Exhibits A& B) and Declaration of Matthew D. Francis (including related Exhibits A through T)

../evi_667716030-20190614181005912552_._Francis_Exhibit_T.pdf

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ADDITIONAL STATEMENTS SECTION

DESCRIPTION OF THEMARK(and Color Location, ifapplicable)

The mark consists of the black wording IMMORTAL, where the "O" is depicted by the stylized immortaljellyfish. The jellyfish has a red shape internally, surrounded in blue and white bubbles, with white raysemanating from it. A background of black rays with black and blue dots emanating appears behind the immortaljellyfish. The tentacles of the immortal jellyfish hang beneath the body, and are white within the blackbackground, and black, blue, and gray beneath it.

SIGNATURE SECTION

RESPONSE SIGNATURE /Matthew D. Francis/

SIGNATORY'S NAME Matthew D. Francis

SIGNATORY'S POSITION Attorney of record, Nevada bar member

SIGNATORY'S PHONENUMBER 775.324.4100

DATE SIGNED 06/14/2019

AUTHORIZED SIGNATORY YES

CONCURRENT APPEALNOTICE FILED YES

FILING INFORMATION SECTION

SUBMIT DATE Fri Jun 14 19:24:50 EDT 2019

TEAS STAMP

USPTO/RFR-XX.XX.XXX.XX-20190614192450087286-87868652-620c2db7463473cc82bb673eddee3ff4b0395ccfe85193f1141b9639f2acdb5be-N/A-N/A-20190614181005912552

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final ActionTo the Commissioner for Trademarks:

Application serial no. 87868652 IMMORTAL (Stylized and/or with Design, see https://tmng-al.uspto.gov/resting2/api/img/87868652/large) hasbeen amended as follows:

ARGUMENT(S)In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCEEvidence in the nature of the actual argument text, as well as the referenced Declaration of Timothy Martin (including related Exhibits A & B)and Declaration of Matthew D. Francis (including related Exhibits A through T) has been attached.Original PDF file:evi_667716030-20190614181005912552_._Request_for_Reconsideration_6.13.19.pdfConverted PDF file(s) ( 15 pages)Evidence-1Evidence-2Evidence-3Evidence-4

../evi_667716030-20190614181005912552_._Request_for_Reconsideration_6.13.19.pdf

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Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Original PDF file:evi_667716030-20190614181005912552_._Martin_Decl._ISO_request_for_reconsideration__19358085_1_.pdfConverted PDF file(s) ( 3 pages)Evidence-1Evidence-2Evidence-3Original PDF file:evi_667716030-20190614181005912552_._Martin_Exhibit_A-1.pdfConverted PDF file(s) ( 36 pages)Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36Original PDF file:evi_667716030-20190614181005912552_._Martin_Exhibit_A-2.pdf

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Converted PDF file(s) ( 41 pages)Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36Evidence-37Evidence-38Evidence-39Evidence-40Evidence-41Original PDF file:evi_667716030-20190614181005912552_._Martin_Exhibit_A-3.pdfConverted PDF file(s) ( 6 pages)Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Original PDF file:evi_667716030-20190614181005912552_._Martin_Exhibit_B.pdfConverted PDF file(s) ( 2 pages)Evidence-1Evidence-2Original PDF file:evi_667716030-20190614181005912552_._2019-0613_Declaration_of_M._Francis.pdf

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Converted PDF file(s) ( 3 pages)Evidence-1Evidence-2Evidence-3Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_A.pdfConverted PDF file(s) ( 6 pages)Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_B.pdfConverted PDF file(s) ( 3 pages)Evidence-1Evidence-2Evidence-3Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_C.pdfConverted PDF file(s) ( 2 pages)Evidence-1Evidence-2Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_D.pdfConverted PDF file(s) ( 2 pages)Evidence-1Evidence-2Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_E.pdfConverted PDF file(s) ( 2 pages)Evidence-1Evidence-2Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_F.pdfConverted PDF file(s) ( 2 pages)Evidence-1Evidence-2Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_G.pdfConverted PDF file(s) ( 2 pages)Evidence-1Evidence-2Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_H.pdfConverted PDF file(s) ( 4 pages)Evidence-1Evidence-2Evidence-3Evidence-4Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_I.pdfConverted PDF file(s) ( 2 pages)Evidence-1Evidence-2Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_J.pdfConverted PDF file(s) ( 2 pages)

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Evidence-1Evidence-2Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_K.pdfConverted PDF file(s) ( 66 pages)Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36Evidence-37Evidence-38Evidence-39Evidence-40Evidence-41Evidence-42Evidence-43Evidence-44Evidence-45Evidence-46Evidence-47Evidence-48Evidence-49Evidence-50Evidence-51Evidence-52Evidence-53

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Evidence-43Evidence-44Evidence-45Evidence-46Evidence-47Evidence-48Evidence-49Evidence-50Evidence-51Evidence-52Evidence-53Evidence-54Evidence-55Evidence-56Evidence-57Evidence-58Evidence-59Evidence-60Evidence-61Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_M-1.pdfConverted PDF file(s) ( 167 pages)Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36

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Evidence-153Evidence-154Evidence-155Evidence-156Evidence-157Evidence-158Evidence-159Evidence-160Evidence-161Evidence-162Evidence-163Evidence-164Evidence-165Evidence-166Evidence-167Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_M-2.pdfConverted PDF file(s) ( 51 pages)Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36Evidence-37Evidence-38Evidence-39Evidence-40

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Evidence-41Evidence-42Evidence-43Evidence-44Evidence-45Evidence-46Evidence-47Evidence-48Evidence-49Evidence-50Evidence-51Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_N.pdfConverted PDF file(s) ( 67 pages)Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36Evidence-37Evidence-38Evidence-39Evidence-40Evidence-41Evidence-42Evidence-43Evidence-44

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Evidence-45Evidence-46Evidence-47Evidence-48Evidence-49Evidence-50Evidence-51Evidence-52Evidence-53Evidence-54Evidence-55Evidence-56Evidence-57Evidence-58Evidence-59Evidence-60Evidence-61Evidence-62Evidence-63Evidence-64Evidence-65Evidence-66Evidence-67Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_O.pdfConverted PDF file(s) ( 65 pages)Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32

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Evidence-33Evidence-34Evidence-35Evidence-36Evidence-37Evidence-38Evidence-39Evidence-40Evidence-41Evidence-42Evidence-43Evidence-44Evidence-45Evidence-46Evidence-47Evidence-48Evidence-49Evidence-50Evidence-51Evidence-52Evidence-53Evidence-54Evidence-55Evidence-56Evidence-57Evidence-58Evidence-59Evidence-60Evidence-61Evidence-62Evidence-63Evidence-64Evidence-65Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_P.pdfConverted PDF file(s) ( 8 pages)Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_Q.pdfConverted PDF file(s) ( 3 pages)Evidence-1Evidence-2Evidence-3Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_R.pdfConverted PDF file(s) ( 3 pages)Evidence-1Evidence-2Evidence-3Original PDF file:evi_667716030-20190614181005912552_._Francis_Exhibit_S.pdf

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ADDITIONAL STATEMENTS Description of markThe mark consists of the black wording IMMORTAL, where the "O" is depicted by the stylized immortal jellyfish. The jellyfish has a red shapeinternally, surrounded in blue and white bubbles, with white rays emanating from it. A background of black rays with black and blue dotsemanating appears behind the immortal jellyfish. The tentacles of the immortal jellyfish hang beneath the body, and are white within the blackbackground, and black, blue, and gray beneath it.

SIGNATURE(S)Request for Reconsideration SignatureSignature: /Matthew D. Francis/ Date: 06/14/2019Signatory's Name: Matthew D. Francis

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Signatory's Position: Attorney of record, Nevada bar member

Signatory's Phone Number: 775.324.4100

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, whichincludes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorneyor an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agentnot currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or isconcurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the priorrepresentative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'sappointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Serial Number: 87868652Internet Transmission Date: Fri Jun 14 19:24:50 EDT 2019TEAS Stamp: USPTO/RFR-XX.XX.XXX.XX-20190614192450087286-87868652-620c2db7463473cc82bb673eddee3ff4b0395ccfe85193f1141b9639f2acdb5be-N/A-N/A-20190614181005912552

Serial No.: Mark: Applicant: Office Action Mailing Date: Examining Attorney: Law Office:

87868652 IMM ORT AL & Design Hidden Ridge Vineyard, LLC December 14, 2018 Laura Golden 103

REQUEST FOR RECONSIDERATION

Applicant Hidden Ridge Vineyard, LLC (the "Applicant") respectfully responds to the December

12, 2018 Final Office Action (the "Office Action") as follows:

I. BACKGROUND

The Examining Attorney has again refused to register the Applicant's mark

IMMORTAL & Jellyfish Design (the "Mark") based on an alleged likelihood of confusion with a prior

registration for the mark THE IMMORTAL ZIN (U.S. Reg. No. 4205173) (the "Cited Mark"), owned by

Peirano Estate Vineyards composed of Lance C. Randolph as a Sole Proprietorship (the "Registrant" or

"Peirano"). Applicant respectfully disagrees with the Examining Attorney that a likelihood of confusion

exists between the marks and requests that the refusal to register be withdrawn.

II. NO SECTION 2(d) LIKELIHOOD OF CONFUSION EXISTS WITH THE CITED MARK

The Examining Attorney contends that the Applicant' s Mark poses a likelihood of confusion

based on a comparison of the Applicant's and Registrant's marks and goods. Applicant disagrees and

submits that an analysis of the relevant DuPont factors clearly favor registration of Applicant' s Mark.

A. LEGAL AUTHORITY

Likelihood of confusion between a mark for which registration is sought and another mark is

determined on a case by case basis, applying relevant factors set out in In re E. I. duPont De Nemours &

Co. , 476 F. 2d 1357, 1361 , 177 U.S.P.Q. 563, 567 (C.C.P.A. 1973); and in Packard Press, Inc. v.

Hewlett-Packard Company, 227 F. 3d 1352, 56 U.S.P.Q. 1351 (Fed. Cir. 2000).

19357338

When refusing a trademark for registration on the Principal Register, the Examining Attorney has

the burden of proof in showing that the applied-for mark is likely to cause confu.~ion with an existing

registrat10n. TMEP § 1207.01. Applicant respectfully contends that the Examining Attorney failed to

properly consider the arguments set forth in Applicant November 8, 2018 Office Action Response and

relied on Inapplicable case law and evidence In maintaining her Section 2(d) refusal.

As previously stated, it is well settled when trademarks are examined, the USPTO is ''not

concerned With mere theoretical possibilities of confusion, deception or mistake or with de minimus

situations but with the practicalities of the commercial world, with which the trademark laws deal."

Electronic Design & Sales, i nc. v. Electronic Data Systems Corp., 21 U.S.P_Q.2d 1388, 1391 (Fed. Cir.

1992). The arguments presented in the Office Actions do not support a finding that that there is a

likelihood of confusion, as opposed to merely a theoretical possibility of confusion between the

Applicant' s Mark and the Cited Marks. As detailed in the initial Office Action Response and below, the

majority of the duPont factors favor Applicant's position that there is no likelihood of confusion between

Applicant's Mark and Registrant ' s Cited Mark.

B. APPLICATION OF THE DUPONT FACTORS PROVES THAT NO LIKELIHOOD OF CONFUSION EXISTS AND THAT APPLICANT'S MARK SHOULD BE REGISTERED

1. The Dissimilarity of the Marks in Their Entireties as to Appearance, Sound, Connotation, and Commercial Impression

As a threshold matter, trademarks must be considered and examined as a whole. See ln re

National Data Corp., 753 F.2d 1056, 1058 (Fed. Cir. 1985); 4 J . Thomas McCarthy, McCarthy on

Trademarks and Unfair Competition ("McCarthy") § 23 :41 (5th ed. 2017) (The "artti-dissection" rule

prohibits breaking composite marks into their component parts). Marks must be examined in appearance.

sound, connotation, and commercial impression in their entireties. See Massey Junior College, lnc. v.

Fashion lnstitute of Technology, Inc., 492 F.2d 1399, 1402 (C.C.P.A.. 1974); see also Homeowners

Group. lnc. v. Home Marketing Specialists, Inc., 931 f.2d 1100, 1109 (6th Cir. 199 l) ("It is the overall

impression of the mark, not an individual feature, that counts.''). Consumers are impressed by a mark as

Lhey see it or bear it, and they do not ordinarily stop to analyze it. See Ex parte Maya de Mexico, I 03

2 19357338

U.S.P.Q. 158 (Comm' r Pat. 1954), cited by lndustria Espanola De Perlas lmitacion. S.A. v. Nat'l Silver

Co., 459 F,2d 1049, 1062 (C.C,P.A. 1972).

In comparing the subject marks, the Examiner alleges that because the term ·•ZJN" is merely

deseriptiYe or generic (and thus disclaimed), the dominant element of the Cited Mark is the tcnn

" IMMORTAL." The Examiner then concludes that because Applicant entered "IMMORTAL" as the

literal element of its mark, Appllcant' s Mark therefore is identical. However, this approach violates the

anti-dissection rule. Again, " [t]he basic principle in determining confusion between marks is that marks

must be compared in their entireties . .. It follows from that principle that like lihood of confusion cannot

be predicated on dissection of a mark, that is, on only part of a mark." fn re Nat'l Data Corp., 753 F.2d al

I 058, 224 U.S.P.Q. at 750-51 (emphasis added). While the Examiner considered the li teral element

" Immortal," no consideration was given to the distinctive je llyfish design feature that is the centerpiece

of App licant' s Mark and is much large than the word "Immortal ."

Not only does the Examiner ignore the distinctive jellyfish design, the Examiner ignores

Applicant's description of the Mark and the numerous colors claimed in the Mark, as well as the

USPTO's designation of six design search codes that further demonstrate the heightened degree of

distinctiveness in Applicant's Mark detailed below:

• Description of Mark: The mark consists or the term IMMORTAL, where the "O" is depicted by

the stylized immortal jellyfish. The jellyfish bas a red shape internally, surrounded in blue and

white bubbles, with white rays emanating from it. A background of black rays with black an<l

blue dots emanating appears behind the immortal jellyfish. The tentacles of the immortal

jellyfish hang beneath the body, and are white within the black background.

• Colors Claimed: The color(s) red, black, blue, gray and white is/are claimed as a feature of the

mark.

• Design Search Codes:

J 19157338

o 03.19.05 - Manta rays; Jellyfish; Eels; Octop1; Snake- like tish (eels, etc.), squid, octopi;

Stingrays; Squid

o 25.03.25 - Backgrounds covered with other figurative elements or repetitive designs,

words or letters; Repetitive designs, words, or letters as a background

o 26. I 7.0 l - Lines, straight; Bars, straight; Bands, straight; Straight line(s), band(s) or

bar(s)

o 26. 17.04 - Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or

bar(s)

o 26.17.05 - Bands, horizontal; Bars, horizontal; Lines, horizontal; Horizontal line(s),

band(s) or bar(s)

o 26.1 7.06 - Bands, diagonal; Diagonal linc(s), band(s) or bar(s); Bars, diagonal; Lines,

diagona l

See Serial No. 87868652 ('"652 App.").

In this case, Applicant's Mark and the Cited Mark have so little in common, no likelihood of

confusion exists. The mere fact that the marks at issue share an element does not compel a likelihood of

confusion finding. See Gen. Mills, Inc. v. Kellogg Co., 824 F.2d 622, 627 (8th Cir. 1987) ("The use of

identical, even dominant, words in common does not automatically mean that two marks are similar.") .

Any risk of confusion stemming from the use of "IMMORTAL" is erased by the fact that the Mark is

highly stylized- a large, colorful image of a jellyfish- which creates a completely commercial

impression from the Cited Mark. As previously contended, the Mark does not contain a standard

character "O" like the Cited Mark. Rather, the colorful body of the jellyfish is used in place of the

standard character "O." The side-by-side comparison below clearly depicts completely different

appearances and commercial impressions between the subject marks:

Ill

//I

19357338 4

Cited Mark Applicant's Mark

m m R A

THE IMMORTAL ZIN

The stylized jellyfish is clearly the dominant element of Applicant's Mark. In fact, a consumer

must carefully examine the Mark before realizing the letters in conjunction with a jellyfish form the term

"IMM ORT AL." Instead, when consumers initially encounter the Mark, they first see the jellyfish with

" IMM" on the left side of it, and "RIAL" on the right side of it. Only after carefully examining the

Mark, will consumers realize that the body of the jellyfish forms the letter "O."

Further, once consumers carefully examine the Mark, consumers will quickly realize the Mark

represents an aquatic creature famously known for its defiance of death. Specifically, the turritopsis

dohrnii is commonly known as the "immortal jellyfish" because - unless it succumbs to infection or

predation - the immortal jellyfish can avoid death by morphing forward and backward through its life

cycle for eternity and is thus capable of living forever. See June 13, 2019 Declaration of Matthew D.

Francis ("Francis Deel.") (Exhibit A); see June 12, 2019 declaration of Timothy Martin ("Martin Deel."),

~ 6. By contrast, the Cited Mark describes its "Old Vine" Zinfandel wine that is produced from "old"

Zinfandel vines-vines that are notoriously known to be aged grape vines. In fact, Registrant's webpage

provides that THE IMMORTAL ZIN is produced from " 120-year-old Zinfandel vines." See Francis Deel.

(Exhibit B). Consequently, the overall commercial impression of Applicant's highly stylized lettering

and logo design of an "immortal" jellyfish is distinctly different from the Cited Mark's appearance and

commercial impression of a Zinfandel vine, such that no consumer is likely to be confused between the

two marks. Therefore, this factor favors registration of Applicant's Mark as the subject marks are

different in their entireties, namely appearance, connotation, and commercial impression.

5 19357338

2. The Similarity or Dissimilarity of Established, Likely-to-Continue Trade Channels

Applicant markets and sells its wme through its website

https://www.immortalestate.com/, where Applicant has sold its 2014 Slope " Immortal" wine

bearing the Mark since March of 2019. Ma1iin Deel. , ~ 8 (Exhibit A). In addition to marketing

and selling its wine on its website, Applicant has a hospitality team comprised of wine

professionals that that conduct private tasting appointments for groups of 4-8 people. Martin

Deel., ~ 8 (Exhibit A). Applicanl also caters hjgh-end dinners where potential wine purchasers

who are willing to pay a substantial amount of money for bottles of wine, attend. Martin Deel., ~I

8. While some of Applicant' s wine is in distribution which occasional1y ends up for sale on

sophisticated websites aimed at wine connoisseurs, most sales are made via Applicant' s website,

wine tastings, and private dinners. Id.

By contrast, Registrant' s inexpensive Zinfandel is not available through the same

channels as Applicant-e.g., Applicant's website, Applicant's private wine tastings, or

Applicant's private dinners. Id. Applicant does not mass produce wine, nor does Applicant

target consumers who purchase $12-$50 bottles of wine. Id. Of note, Applicant only produces

approximately 4,000 cases of wine per year, compared to Registrant which produces

approximately 62,000 cases of wine per year. Francis Deel. (Exhibit T).

While Applicant does not dispute that fact that both Applicant and Registrant sell wine,

and both seek to protect their trademarks for "wine," the wine that Applicant and Registrant sell

is very different. Applicant sells a Cabernet Sauvignon while Registrant sells a Zinfandel.

Martin Deel. , ~ 7. Importantly, these two types ofwine are sold in different sections ofa given

store or website. Id.; see also Francis Deel. (Exhibits C, S). As the types of wine are quite

different, Applicant's Mark is not likely to be confused with the Cited Mark.

6 19357338

The Examiner argues that a "consumer running to the store to pick up a bottle of

IMMORTAL wine, might choose to pick up a bottle of a zinfandel, namely, THE IMMORTAL

ZIN. As a result, the marks create the same commercial impression and consumers are likely to

believe that wines offered under the IMMORTAL mark are offered by the same entity."

However, the Examiner' s " running to the store" example is misplaced because it is highly

unlikely that Applicant1s and Registrant's wine would be sold at the same store. Furthennore, as

discussed below, consumers are assumed to act with care to make sure they purchase the right

brand or product desired, and therefore, even if Registrant' s and Applicant's different types of

wine were sold at the same store, a purchaser looking for Applicant' s expensive Cabernet

Sauvigrion is not going to mistakenly purchase a $12-.$16 bottle of Registrant's Zinfandel.

Therefore, confusion is unlikely, and this factor favors registration of Applicant's Mark.

3. The Conditions Under Which and Buyers to \Vhom Sales are Made, i.e., "lmpulse" vs. Careful, Sophisticated Purchasing

The "law assumes that the ordinary buyer acts with some degree of care to see that he or

she gets the brand of product or service desired.'' 4 McCarthy § 23.93, citing Hiram Walker &

Sons. lnc. v. Penn-Maryland Corporation, 79 F.2d 836, 839 (2nd Cir. 1935). A reasonably

prudent buyer is not indifferent or foolish. See 4 McCarthy 23.94. In Star Indi1slries, Inc. v.

Bacardi & Co. Ltd., 4 12 F.3d 3 73, 390 (2nd Cir. 2005), the Second Circuit found that "unhurried

customers in the relaxed environment of a liquor store, making decisions about $12. to $24.

purchases, may be expected to exhibit sufficient sophistication to distinguish between

[plaintiffs] and Bacardi ' s products, which are similarly labeled.;' As such, the Second Circuit

found that no likelihood of confusion existed. id.

As mentioned above, Applicant and Registrant do not sell wines in the same trade

channels. Applicant's and Registrant' s wines never be sold at the same winery, and it is highly

7 19357338

unlikely that they will be available in the same liquor store, on the same website or anywhere

else. While both parties operate separate and distinct websites for their wineries where their

respective consumers can purchase wine, there is no chance that Internet customers will be

confused regarding the source or origin of the parties' respective goods.

Registrant's website is located at www.peirano.com, and "The Tmmortal Zin" is one of

twelve Peirano wines available on its website. See Francis Deel. (Exhibits B, D). Registrant's

"The Immortal Zin" appears in stylized format with a halo that appears over "The Immortal Zin"

and next to information about Peirano Estate Vineyards and other information about the

winemaker and tasting notes. Id. There is only one wine offered for sale by Registrant under the

Cited Mark. Id. Registrant does not sell any Cabernet under the Cited Mark. Id. A bottle of

Registrant's 2014 "The Immortal Zin" costs $16 on the Registrant's website and as cheap as

$11.99 on www.totalwine.com. Francis Deel. (Exhibits B, E).

By contrast, Applicant only sells one type of wine- Cabernet Sauvignon-on its website.

Martin Deel. (Exhibit A). Applicant's Cabernet Sauvignon wine bottles bear the distinctive

jellyfish design and range in price from $97-$303 per bottle. Id. A consumer that purchases

Applicant's wine through Applicant's website, or at Applicant' s private tastings or dinners, is an

individual willing to spend a substantial amount of money to purchase Applicant's wine. Martin

Deel., ~ 8. These individuals will not likely believe Applicant is affiliated with or sponsored by

Reg1strant

The Examiner argues that " it is common for wine labels to offer wines at various price

points, labeled under simi1ar marks . ... As such, the fact that applicant's and registrant's wines

are offered at different price points does not mitigate the impression that they could be offered by

the same winery." This evidence is in-elevant because the facts show that Applicant only sells its

8 19357338

Cabernet Sauvignon at a high price point ($97-$303 per bottle), and Registrant only sells its

Zinfandel at a low price point ($16 or less). Martin Deel. (Ex.hibit A); Francis Deel. (Exhlbits 8,

E). Further, Applicant does not currently sell wine below $97 per bottle, nor does Applicant

intend to lower its prices in the future. Martin Deel. , , 8. Furthermore, as discussed below, the

United States government's Alcohol and Tobacco Tax and Trade Bureau ("TTB"), has strict laws

governing the sales of alcoholic beverages and requires that labels indicate exactly the source of tne wine.

See if!(ra. Applicant's and Registrant's labels must clearly state where their respective Cabernet

Sauvignon and Zlnfandel is produced and bottled - which are different vineyards. Id. Therefore, this

factor favors registration of Applicant's Mark as confusion is unlikely.

4. The Fame of the Prior Mark

The Examiner presented no evidence that Registrant's Cited Mark is famous or even a strong

mark. It is not, and this factor favors registration of Applicant's Mark.

5. The Number and Nature of Similar Marks in Ose on Similar G9ods

Here, numerous parties use the word " Immortal" for wine. In addition to the Cited Mark.

Applicant respectfully submits evidence of four third-party registrations and one third-party application

containing the term " IMMORTAL" as shown in the table below. Francis Deel. (Exhibits F-J).

Third-Party Mark Information Relevant Goods Owner

8lMMORTALS Int'! Class 33: wines Joselito G. Real

Registration No. 4456107

Application Date: Aug. 16, 2012

Registration Date: Dec. 24, 20 13

IMMORTAL HERO Int' ! Class 33: wine Brandessence Limited

Registration No. 52976 l 6

Application Date: Jun. 17, 2016

Registration Date: Sep. 26, 2017

MONARCH IMlVIORTAL Int' I Class 33: wine Pik Oplertac Limited

Serial No. 79247817 liability company Topola

Application Date: Aug. 15, 2018

9 19357338

lMMORT AL SPIRITS & OlSTILUNG lnt'I Class 33: distilled spirits Gallagher & Carini, LLC

COMP ANY & Design

Registration No. 4339085

Application Date: May 28, 20 LO

Registration Date: May 21, 2013

Disclaimer: "SPIRITS & DISTlLLING

COMPANY"

IMMORTAL IPA Int' l Class 33: beer Elysian Brewing Company,

Registration No. 4201322 Inc.


Disclaimer: "IPA''

The coexistence oftl1esc thfrd party applications and registrations, each covering wine or other

alcoholic beverages, demonstrates that the Cited Mark can only be afforded a very narrow scope of

protection. See Palm Bay Imps .. inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772, 396 r:.Jd

1369, 1373-74 (Fed. Cir. 2005) ('"Evidence of third party use of simi lar marks on similar goods is relevant

to show that a mark is relative1y weak and entitled to only a narrow scope of protection") (citations

omitted). Because the public is accustomed to seeing a variety of marks featuring the word IM.MORT AL,

consumers will naturally look to other elements, including stylized design features to distinguish the

source of the goods. See TMEP § 1207.0 I (d)(iii).

The marks identified above are particularly informative: 8 IMMORTALS (not stylized),

lMMORT AL HERO (not stylized), and MONARCH IMMORTAL (not stylized). Each of these marks

for wine was filed after the Cited Mark, but none of these marks were issued a likelihood of confusion

refusal based on the Cited Mark. Francis Deel. (Exhibits K-M). Additionally, IMMORTAL SPIRITS &

DISTTI~LTNG COMPANY & Design (with "SPlRTTS & DISTILUNG COMPANY" disclaimed) and

IMMORTAL IPA (un-stylized with "IPA" disclaimed) were filed after the Cited Mark and registered

with disclaimers. Francis Deel. (Exhibits N-0). If the Examiner is correct in her assertion that

disclaimed matter in a mark is generally insignificant in affecting its commercial impression, then these

rights should not be able to coexist with the Cited Mark. In this instance, such minor differences in

wording- irrespective of descriptiveness-and the un-stylized features nonetheless serve to sufficiently

10 19357338

alter the marks' commercial impression to avoid consumer confusion. As Applicant's Mark is far more

distinctive with a highly stylized jellyfish design that is the centerpiece of the Mark, an ample amount of

space exists for Applicant' s Mark to join this field without any confusion.

In addition, the Examiner argues that IMMORTAL HERO is more distinct from Applicant's

Mark because IMMORTAL modifies the non-descriptive wording HERO to allegedly create a more

distinct commercial impression than Applicant's Mark. Applicant respectfully submits that the

Examiner's argument is conclusory and without the requisite amount of evidence to overcome

Applicant's arguments. Of note, the Examiner seemingly ignored Applicant's submission of third party

registration for 8 IMMORTALS-the Examiner was unable to explain why this mark is more distinct and

capable of registration than Applicant's Mark. Francis Deel. (Exhibits F, K). Applicant also submits

additional evidence of MONARCH IMMORTAL for wines, which as noted above, did not receive a

§2(d) Office Action refusal based on the Cited Mark. Francis Deel. (Exhibits H, M). The side-by-side

comparison below clearly shows that Applicant's Mark is a highly stylized design and far more far more

distinctive mark than any of the third party citations to IMMORTAL-formative word marks, such that

Applicant's Mark is worthy of registration among these existing marks.

Cited Mark Third-Party Registrations Applicant's Mark

m m R f R l

THE IMMORTAL ZIN LMMORTAL HERO

m m R f R l

THE IMMORTAL ZIN 8 Immortals

11 19357338

m m A T A l

THE IMMORTAL ZIN MONARCH IMMORTAL

m m R T A l

THE IMMORTAL ZIN Immortal IPA

Applicant further submits that real-world consumers who encounter the marks for wine products

in the marketplace would not likely be confused as to source, especially since Applicant's wine will most

likely never be sold at the same location as any of the foregoing wines. Martin Deel. , iriJ 7-8. As

depicted below, Registrant, three third party winemakers, and Applicant all coexist in the marketplace

without any evidence of confusion:

Ill

Ill

Ill

Ill

Ill

Ill

Ill

Ill

Ill

Ill

Ill

19357338 12

Cited Mark IMMORTAL HERO

8 IMMORTALS* MONARCH IMMORTAL

Applicant's Mark

*Specimen (label) from 8 IMMORTALS application was applied to a blank wine bottle for context

See Francis Deel. (Exhibits K-L, P-Q); Martin Deel. (Exhibit A).

In light of the significant coexistence of other IMM ORT AL-formative marks on the Principal

Register and the resulting narrow scope of protection for the Cited Mark, Applicant believes it has

established that there is no likelihood of confusion with the Cited Mark due to distinct differences in the

respective marks and the distinct commercial impressions created by the subject marks-namely

Applicant's stylized jellyfish design and font.

As the Examining Attorney fails to provide any evidence or explain why she believes Applicant's

evidence of third party registrations are distinct from the Cited Mark, this factor weighs in favor of

registration. Therefore, Applicant's Mark is capable of coexisting with these four other Immortal wines

without any likelihood of confusion.

Ill

Ill

13 19357338

6. The Nature and Extent of Any Actual Confusion

Applicant has not received a phone call, email, letter, or any other type of correspondence or

communication from any third party asking or assuming that Applicant is affiliated or connected with

Registrant. Martin Deel., ,, 9. There has been no actual confusion to date and this factor favors

registration.

7. The. Length of Time During and the Conditions Under Which There has been Concurrent Use Without Evidence of Actual Confusion

Applicant's website launched in February of 20 18, and the fuJl version of the website as it exists

today went live in July of2018. Martin Deel. , ii J 0, Sales of wine bearing the Mark commenced in

March of 2019, while sales of 2014 Impassable Mountain Reserve Immortal wine bearing the

Mark in a different color commenced in October of 2018. Id. A statement of Lise for the '652 App.

was filed on June 6, 20J 9, and was accepted on June 13, 2019.

Based on these facts, Applicant' s and Registrant's respective websites have coexisted for

more than 15 months, and goods bearing the same or similar mark have been for sale for months.

Therefore, this factor favors registration of Applicant's Mark as confusion is unlikely to ensue. Martin

Deel., ii 9.

8. The Market Interface Between the Applicant and the Owner of a Prior Mark

There is zero mark.et interface between Appbcant and Registrant. Martin Deel.,~ 9. This factor

favors registration.

9. The Extent of Potential Confusion

No potential confusion exists in light of the parties' separate and distinct marks, goods, and trade

channels. See supra. This factor favors registration.

l O. Any Other Established Fact Probative of the Effect of Use

As stated in the November 8, 20J 8 Office Action, the alcohol industry is highly re.b'lliated and the

United States government, and specificaJly the TTB, has strict laws governing the sales of alcoholic

beverages. Under applicable law, wine labels must conlain specific infotmation, including which estate

14 l 9357338

bottled the wine, what valley the wine originated in, and the name and address of the bottler or importer.

See Francis Deel. (Exhibit R). Applicant's Immortal wine labels all state that they are "PRODUCED &

BOTTLED BY HIDDEN RIDGE VINEY ARD, AMERICAN CANYON, CA." Martin Deel.,~ 11

(Exhibit B). This makes clear that Applicant's Cabernet Sauvignon is not produced or bottled by Peirano,

and confusion is therefore unlikely. This factor favors registration.

III. MARK DESCRIPTION

Applicant accepts the Examiner' s proposed revised description:

The mark consists of the black wording IMM ORT AL, where the "O" is depicted by the

stylized immortal jellyfish. The jellyfish has a red shape internally, surrounded in blue

and white bubbles, with white rays emanating from it. A background of black rays with

black and blue dots emanating appears behind the immortal jellyfish. The tentacles of the

immortal jellyfish hang beneath the body, and are white within the black background,

and black, blue, and gray beneath it.

IV. CONCLUSION

Applicant respectfully submits that the Examining Attorney's formal and informal points of

objection have been resolved and requests publication of the mark. If any further prosecution is required

and may be accomplished via telephone, the Examining Attorney is encouraged to contact Applicant's

Attorney of Record. Thank you for your time and consideration.

Respectfully Submitted,

~~ Matthew D. Francis Brownstein Hyatt Farber Schreck, LLP 5371 Kietzke Lane Reno, Nevada 89511 (775) 324-4100 [email protected]

19357338 15

DECLARATION OF TIMOTHY MARTIN

I, Timothy Martin, do hereby declare as follows:

1. I am a Member of Applicant Hidden Ridge Vineyard, LLC. I have

personal knowledge of the facts which are hereinafter related and make this Declaration

on the basis of such personal knowledge. If called to testify at any hearing or trial

regarding the above-matter, I swear I could testify competently to the matters stated

herein.

2. I have been involved in the restaurant and wine industry my entire adult

life, and started working in a restaurant when I was eleven years old. After two

accomplished decades working in restaurant and hospitality management, I began

working with legendary vintner Robin Lail, and her wine project, Lail Vineyards. After

helping establish and grow the Lail brand for ten years, I launched my own branding and

marketing company in 2004 called Gauge Branding with my partner Mark Wiegard.

3. In 2008, I began a joint venture, Tusk Estates, with my friends Michael

Uytengsu and Philippe Melka. Our goal was to create the next great luxury wine brand,

which we succeeded in doing. Single bottles of Tusk Cabernet Sauvignon average over

USD$850.

4. In addition to these ventures, I also formed other ventures including

Carbon, the premier hospitality and DTC wine sales service for next generation cult

wineries and Kitchen Collective, America 's first urban cooking club.

5. The winery from which Immortal Estate wines are created was planted in

Mayacamas Mountains in California in 1990. In 2004, wine maker Timothy Milos

created Hidden Ridge Vineyard where Applicant' s Cabernet Sauvignon is produced and

bottled. Mr. Milos has been the sole winemaker since 2008, and prior to working at

Hidden Ridge, worked at a number of well-known wineries in Northern California,

including Stag ' s Leap Wine Cellars, Opus One and CliffLede Vineyard.

19358085

6. Our new Immortal brand was created as a tribute to all things timeless.

With Immortal, my business partner Randy Nichols and I, along with Timothy Milos,

have aimed to create something beautiful that will outlive those currently working to

conceive it. Our beautiful vineyard was terraced out of the hillside by the previous owner

who unfortunately passed away from Cancer in 2016, but his work and legacy live on in

the unique land. The immortal jellyfish is the only animal on the planet we know of that

can live forever. It continuously reproduces its cell back to a youth state. Our mission at

Immortal is to continue to reproduce our energy into this vineyard with wines that will

last longer than the team creating them. We may be gone 50 years from now, but the

wines we create will still be very much alive and drinkable. Our hard work and legacy

will be left behind in each of the bottles we artfully produce.

7. I am familiar with Peirano Estate and their "The Immortal Zin" Zindandel

wme. We do not sell a Zinfandel, but instead sell Cabernet Sauvignon. There are many

types of red wines, and these two types of wine do not appear together in wine stores, but

are instead found in different sections of a given store or website.

8. We market and sell our wme through our website

https://www.immortalestate.com/, where we have sold our 2014 Slope "Immortal" wine

bearing the applied-for Mark since March of 2019. A true and correct copy of our

website is attached hereto as Exhibit A. In addition to marketing and selling its wine on

our website, we have a hospitality team comprised of wine professionals that that conduct

private tasting appointments for groups of 4-8 people. See Exhibit A,

https://www.immortalestate.com/experience. We also cater high-end dinners where

potential wine purchasers who are willing to pay a substantial amount of money for

bottles of wine, attend. While some of Applicant's wine is in distribution which

occasionally ends up for sale on sophisticated websites aimed at wine connoiseurs, most

sales are made via our website, wine tastings, and private dinners. Suffice to say that

2 19358085

Peirano's inexpensive Zinfandel is not available on our website, at our private wine

tastings or at private dinners. We have not and do not intend to mass produce our wine,

and we do not target consumers who purchase $12-$50 bottles of wine. It is important to

note that we only produce approximately 4,000 12-pack cases of wine per-year, which is

profoundly different than large vineyards, including Peirano's.

9. We have not received any phone call, emails, letter, or any other type of

correspondence or communication from any third party asking or assuming we are

affiliated or connected with Peirano. We have absolutely zero market interface with

Peirano.

10. We launched our website https://www.immortalestate.com/ in February of

2018, and the full version of the Site as it exists today went live in July of 2018. Sales of

our 2014 Impassable Mountain Reserve Immortal goods bearing the applied-for mark in

white on a black label commenced in October of 2018, and sales of goods bearing the

exact applied-for mark commenced in March of 2019.

11. All of our Immortal wine bottle labels state as follows: "PRODUCED &

BOTTLED BY HIDDEN RIDGE VINEY ARD, AMERICAN CANYON, CA." A true

and correct copy of a sample label is attached hereto as Exhibit B.

The undersigned, being warned that willful false statements and the like are

punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001 , and that such

willful false statements and the like may jeopardize the validity of the application or

document or any registration resulting therefrom, declares that all statements made of his

own knowledge are true; and all statements made on info1mation and belief are believed

to be trne.

Dated: June .11__, 2019 Timothy Martin, Member Applicant Hidden Ridge Vineyard, LLC

3 19358085

1937 1787. l

MARTIN EXHIBIT A-1

• About - Immortal Estate x +

8 About - Immortal Estate x +

• About - Immortal Estate x +

8 About - Imm or ta I Estate x +

• Aoout - Immortal Estate x +

LONNY

Spring 2019 Wine Guide - Lonny • lonny.com/Spring+2019+Wine+Guide

Winning Red

Courtesy of Immortal Estate.

Just because it's spring doesn't mean you can't drink red! This bottle is a

great pairing for a nice dinner.

Immortal Estate 2014 Slope Single Bottle, $97, Immortal Estate.

https://www.immortalestate.com/press

ENINSULA I SILICON VALLEY

12 I GENTHY I MAY 2019

CONTENTS GENTRY MAGAZINE • MAY 2019 • VOLUME 27 • ISSUE 2


80 Cultivating Luxury Immortal Estate's quest for perfection .

Fredric Hamber reports.

82 Wine Country Hospitality Gentry visits Calistoga's Amici Cellars.

84 The Legacy Continues After a century in wine country, the next generations of the Mondavi family

continue to rejoice in crafting spectacular wines. Amalia McGibbon speaks

one-on-one with Carissa Mond avi of Continuum.

90 Rising from the Ashes Destroyed by the 201 7 wildfires in Napa Valley, Signorello makes a triumphant return. Emily Mangini catches u p with

the indominatble Ray Signorello, Jr.

96 Auction Napa Valley-The American Wine Classic Taking place amid vineyard vistas,

art-filled wineries, and p rivate estates, Auction Napa Valley has earned a sto

ried reputation as the world's most celebrated must-attend charity wine auction

and event. Now in its 39th year, Auction Napa Valley (May 30 - June 2) is set to

break even more records. Gentry offers an insider's look at the bidding action.

On the cover: "Silverado Afternoon~ shot on location in Yountville by Mars Lasar. www.marslasarstudio.com

CONTRIBUTORS

Jennifer Massoni Pardini SENIOR EDITOR/MARKETING STRATEGIST

Now that our much-needed rains have subsided. spring has sprung and summer is already on the way. So. the first thing I wanted to do was head to the beach! I checked into Dream Inn

Santa Cruz. where the new Jack O'Neill Restau-rant & Lounge recently opened, offering live

music every Thursday, Friday, and Saturday evenings as well as "surf's up" fare, loca l wines and cocktails, and a relaxing ambiance daily. If you

visit this month, be sure to check the Dream Inn's in-room publication, "The Daily Dreamer;• for a

full list of local events. like a Mother's Day Brunch or the Santa Cruz Long board Union Memorial Day

Invitational (because every room at this inn has an ocean view!). Also. mark your calendars for the Sunbeam Foundation's annual fundraising event, "Cooks for a Cure; on June 9. This year. the event will take place at the Los Altos History Museum, where a like-minded new exhibit, Silicon Valley

Eats: A Taste for Innovation, will also be on display. Make it a summer evening of food, f riends, and fundraising for cures for pediatric bone cancers,

which the foundation has worked t irelessly to combat since 2005. See you there!

Fredric Hamber CONTRIBUTING WRITER

During my time spent with members of the Immortal Estate and Amici Cellars teams, I liked hearing about some of the unseen, often costly,

work that goes into producing a premium pro duct. Drones with infrared sensors f ly over

head to determine particular areas of a vineyard that need attention. It is not unusual to harvest

one part of a vineyard, then bring the crew back at additional expense ten days later when other vineyard blocks are deemed ready for picking.

30 I GENTRY I MAY 2019

EmiJy Mangini SENIOR EDITOR

I am always inspired by people who embrace their role as stewards, but I was especially inspired by Ray Signorello, Jr:s, spirit and optimism as he

leads Signorello Estate through its wildfire recovery. It was a privilege to speak with Signorello and his team and to see not only their d rive to rebuild but to hear about how the Napa Valley wine community has rallied around them to p rovide support and encouragement. I hope

Gentry readers enjoy this story as much as I enjoyed writing it!

.,.,~1 .. .....,. ........ """"" ..... .._..... ....... ,,..._ .......... _, ..... ____ , __

... ~ _..,'° ....... _

• J

Please join us on Jnstagrwn @gentry_ m agazine

for the latest on events, ne,vs, contests, and insider looks at

what \Ve're loving now!

https ://www.jmmortalestate .com/press

Emily Heitmann STYLE EDITOR

For the last three years, I've lived a paleo lifestyle. Well, paleo-ish. While I try to eat only unprocessed foods such as meat. fruits. and vegetables. somet imes my cravings come a'calling and I can't help

but grab some chips or assorted cheese and crackers. Don't even get me started on ice cream.

But, something happens every time I indulge! become lethargic. cloudy, and irritated. Think c ruella de Vil meets Regina George meets Miranda Priestly- it's not pretty. So I decided that

2019 was going to be my year of paleo. I had the plan and now all I needed was inspiration. That's where Michelle Tam comes into play. Her Norn

Norn Paleo cookbooks are filled with approachable recipes ranging from easy pressure cooker

d ishes to kid-friendly options. I had the pleasure of interviewing Tam and only m ildly geeked out as I asked her about her paleo journey. She was full of

laughter, relatable stories, and so much knowledge. She inspired me to-share her story with

Gentry readers and to continue my personal paleo journey. Don't get me wrong, I do miss that revolv

ing bread basket and dessert menu, but my kids definitely don't miss those Disney villain mood

swings! so. thank you, Michelle, for your knowledge and delicious recipes!

Robin Hindery SENIO R EDITOR

Looking at Rich Karlgaard today- longtime pub lisher of Forbes, best-selling author, and sought

after speaker- it's hard to believe he ever struggled to find his path. But his latest book on "Late

Bloomers" hits close to home fo r the Los Altos resident. Whether you're a parent o r simply someone living in the wunderkind-obsessed Bay Area. I think

you'll be fascinated by Karlgaard's findings.

BY FREDRIC HAMBER

CULTIVATING LUXURY

Immortal Estate's quest for perfection.

It is safe to say that Immortal Estate founder Tim Martin has gleaned his share of knowledge of Northern California wine terroir

over the years. Early in his career he held positions with Lail Vineyards before starting several enterprises, including Tusk Estates, whose coveted vintages are only sold to friends-of-friends, with a IO-year waiting list. But when Martin first visited the Sonoma County vineyard that he and his partners would buy and rebrand as Immortal Estate, he knew the moment he turned off the road

from Spring Mountain that this place was something different.

"When you turn to the left," he explains, "you drive Indiana Jones

style for about a mile, deep into the woods. Further into the mountains ... you're in the jungle. There are no vineyards around, it's not your typical bougie thing that's been built:'

The steep spot where Immortal's vineyards grow appears on a 19th-century stagecoach map, identified with the inscription "Impassable Mountain." Today it remains inaccessible during rainy season; the property is not normally used to host visitors. What makes the place distinctive is a natural spring that feeds the property's ponds, and the 55° slope that had been terraced and planted by the prior owners in the 1990s, a far steeper incline than would be permitted today under county regulations.

That terroir, which produced Cabernet that garnered a 100-point score from Robert Parker, is what convinced Timothy Milos, the winemaker who had crafted that wine, to accept Martin's offer to continue as winemaker under the new ownership, with an eye toward greater successes ahead.

"Someone said to me, 'How do you get better than a hundred points?"' Martin says. "Points are very arbitrary, very subjective,

80 I CENTHY I MAY 2019

one person's opinion. I respect it and appreciate it, but I believe that you should always be striving to do more, and what I know is

that this vineyard can actually do better, and so did Timothy!' As Martin speaks, his fiancee Jessica Biggins, who handles the

marketing side of the business, pours from a decanter a glass of Immortal Estate's 2014 Impassable Mountain Cabernet. A welcome spiciness is notable on the mid-palate. Just a couple of weeks earlier, Immortal had released its second label, a more fruit-for

ward mountain Cabernet called Slope, at a more accessible price point than Impassable Mountain.

"You see vineyards like this in

Europe;' Martin says of the steep terraces, recalling time he spent in Bordeaux with winemaker Philippe Melka. "You don't see them here. One of the things we're doing is going through all the blocks,

and the ones that are good but not great, we're ripping them out and starting over." The plan is to replant the whole vineyard over the next 10 years or so, taking greater

care with the selection of root stock and clones than Martin believes was done for the original planting.

As we sip our Slope, talk turns to the conditions the Northern California wine country has endured over the past couple years: wildfires and, more recently, flooding. Martin views such events philosophically as part of what makes his job a happy challenge.

"Generally, if you're making a luxury good-a car, a watchyou're doing it in the containment of a shop, and you can control all the elements. We're still subject to Mother Nature. Wine is unique in the luxury space, in that a good portion of the entire project is completely not in your control. Therein lies part of the adventure and fun;' he says. "And also for us, a lot of the stress. It keeps everyone in this industry on our toes:' •


6/14/2019 Ep. 90: Tim Milos - Consultant Winemaking - Inside Winemaking

INSIDE WINEMAKING Inside Winemaking is a podcast and educational resource for everyone interested in learning how to make wine directly from the pros

POD CAST ABOUT DEEP WINEMAKING STORE BLOG CONTACT

TIM MILOS -CONSULTANT WINEMAKING

The guest for this episode is one of the

most industrious and deep-thinking

winemakers for whom I've had the

opportunity to sit down and explore their

winemaking brain. Tim Milos is a

winemaking consultant and through his

various projects is all over California,

Oregon, and has experience with more

varietals than anyone on the podcast to

date. Our conversation gets into the

weeds on technical aspects of extended

maceration, ideal varietals for natural

winemaking, the merits of racking, Tim's

organizational strategy, and problem

fermentation management.

LINKS AND RESOURCES MENTIONED IN

THIS EPISODE

• Tank Garage Winery, Calistoga, CA

• Immortal Estate, Sonoma, CA

Ep 90 Tim Milos -~ Consultant W1nemak1ng

https://www.insidewinemaking.com/090-tim-milos/ https://www.immortalestate.com/press

1/2

6/14/2019 Ep. 90: Tim Milos - Consultant Winemaking - Inside Winemaking

• Bounty Hunter Rare Wine and Spirits

• T-Vine Winery, Napa, CA

• Esther Mobley's mentioned article

from The San Francisco Chronicle

Q 1JfS-IO'.S? OMM;:..NTS<1 L .... T Mf Kt~uw WHAT YOU T'il~~K

JIM 'l lt~SIDE. W ~~MAKI t~G.COM

if you learn something from the collection

of podcasts at Inside Winemaking, please

considering donating to support the show.

Paypal links at the bottom of the Inside

Winemaking homepage. Every small

donation is helpful.

The Inside Winemaking Podcast on

iTunes

And Stitcher Radio Too

https://www.insidewinemaking.com/090-tim-milos/ https://www.immortalestate.com/press

f.I a @ f w ~

212

0 Can Cabernet from Sonoma Be as World-Class as Top Ones from Napa? I\ I t robbreport.com/food-d rin kiwi ne/a-cabernet-sauvignon-from-sonoma-thats-as-great-as-one-from-napa-2841269/

By Sara L. Schneider on February12, 2019 February 12, 2019

Among the dozens of perfect-100 scores Robert Parker Ir. awarded the 2013 vintage, one

went to an almost-unknown Cabernet. Parker said this in The Wine Advocate: "This wine is nearly immortal, drinking well young, and for those with the patience and wisdom to wait

25 to 35 years, a legacy wine from Sonoma." For many Cab connoisseurs, this "Impassable

Mountain" from the former Hidden Ridge Vineyard was a revelation, not only because the winery was obscure, but also because of that last bit-the wine was from Sonoma.

For his part, Tim Martin, who, with partner Randy Nichols, acquired the property in 2017,

is excited to tell the world that Sonoma can produce world-class Cabernet Sauvignon.

"This is a wine about place," he says. Parker might have discovered the wine, but it was the site Nichols loved. Tucked on the steep slopes of the Mayacamas, these precipitous

vineyards- in 25 small blocks- undulate around knolls and ridges, creating a bowl of

sorts. According to Martin, air from Sonoma's Petaluma Gap is drawn in and caught here

https://www.immortalestate.com/press 1/2

in a cooling swirl.

These are, in fact, vineyards that could never be planted today. Topping out at 55-degree

slopes, they're way too steep for new regulations. But the variations in elevation and aspect they create translate, as far as Martin is concerned, into complex wines, wines that could come from no other place.

Martin, known in wine-collector circles as the partner (with Philippe Melka) in top-rated

Tusk wines, has rebranded Hidden Ridge as Immortal Estate, and his goal-with

winemaker Timothy Milos, who has been with the vineyards through their Hidden Ridge

years and who Martin describes as a "nerdy chemist"-is nothing short of producing the best Cabernet in Sonoma. But to do that (Parker's 100 for the '13 notwithstanding), he

says, investment is called for. You have to put substance behind a goal like that: Nutrients

need to go back into the land, parcels need to be replanted, practices adjusted in the vineyard ... Some things in these wild hills defy taming, though. Vineyard manager Juan

Servin, also a seasoned part of the team, recently sent out a cryptic warning: "Be carefulthere's a bear roaming around out here!"

Immortal Estate's 2014 signature Impassable Mountain Cabernet Sauvignon ($303-

Martin isn't fond of round, straightforward numbers) is a dark, complex beauty, seesawing

between savory and sweet notes. Blackberry aromas are layered with haunting florals and earthy crushed rock, while generous red and black fruit on the palate is layered with

cedar and spice and balanced with a powerful, grippy structure.

The 2014 Slope Cabernet might be slightly more approachable at an early age, but it

harbors its own share of complexity-beautiful violet and cassis aromas followed by a

silky (but powerful) palate of ripe berries, savory herbs, baking spice, and dark chocolate (a terrific deal at $97).

Which brings us to jellyfish. (You'd expect talk of jellyfish in a piece on Cabernet, right?) It

turns out there's a minuscule species with the capability of reverting to its primitive, polyp

stage and then forming a new polyp colony, theoretically living forever. The striking likeness of the Immortal creature on the black bottle, glowing as if lit from behind,

connects the dots for Martin-the longevity of the wine described by Parker, the ability

people have to live on when they invest in others ... and the immortality we approach when we create certain things. "Bottles of wine," says Martin, "are time stamps." These

particular bottles have the stamp of impossible, impassible slopes high on the Sonoma side of the Mayacamas Mountains. The Immortal Collector Pack ($1,414), which includes

an etched magnum and two 750s, would certainly make that memorable.


2/2

K&L Wine Merchants Top 10: 2013 Hidden Ridge "55% Slope" Sonoma CountyCabernet Sauvignon

• klwines.com/p/i

SKU #1352410 97 points Robert Parker's Wine Advocate

• The 2013 Cabernet Sauvignon 55% Slope comes from the Sonoma

side of the Mayacamas Mountains. It is 100 % Cabernet Sauvignon from a

vineyard planted at 1,700 feet. This is a remarkable wine and reminiscent

of the great classics from the golden era of the Mayacamas on the Napa

side (such as the 1968, 1970, 1973 and 1974) come to mind when tasting

this beauty. It is simply loaded. Dense purple in color, the wine has notes

of licorice, creme de cassis, Asian plum sauce, cedar wood and earth.

Full-bodied, opulent and irresistible already, it is capable (because of the

impeccable balance and purity) of aging 20-25 or more years. This is a

modern-day classic that could compete with very finest Cabernet-based

wines in the world. (RP) 97+ • (3/2016)

II

I

By: James Bradshaw I K&L Staff Member I Review Date: 1117 /2018 I Send Email It's no secret that the 2013 vintage for Cabernet in California's North Coast was phenomenal. And this sterling effort from Hidden Ridge is certainly no exception. This is high-elevation Cab at its best. Unlike its brethren on the other side of the Mayacamas Range, this 2013 is stately and demure (as opposed to rambunctious and raucous). Don't get me wrong, there's no shortage of bold, dark fruits and excellent wood spice, but it's framed in a reserved manner. The overall effect is tantalizing. Plum, cassis, mocha, cedar, Asian spice, and anise seed all work together to create an experience that captivates from the first sip to the last. It is an absolute joy to drink now, but I can't wait to see what it does ten to twenty years down the line. A top-notch wine in every way. Don't miss it.

By: Ryan Moses I K&L Staff Member I Review Date: 1117 /2018 I Send Email It only takes one quick sniff to see the remarkable pedigree here as fine aromas of pure black cherry, bright florals, and dark chocolate emerge from the glass. The palate is incredibly focused, full of deep red fruits and a laser-like acidity. The purity and refinement are striking and speak loudly to the amazing vintage. There is structure here to spare. This is one of those wines that leaves you imagining how it will evolve, and at the relatively modest price you can probably squirrel away a few bottles to find out. Drink now with a long decant, or cellar for five years and enjoy for the following 15-plus. A terrific wine and a great example of the heralded 2013s.


Return To Forever (Immortal Estate's Inaugural Release) • I winedude.com/return-to-forever -immortal-estates-inaugural-release/

December 6, 2018

The steep slopes at Hidden Ridge, back in 2010

Sometimes, the wine business is a very, very small place. Also, I am about to talk about

jellyfish. You've been warned ...

While in San Francisco recently for the SF International Wine Competition (more on the results

of that in a couple of weeks), I caught up with wine marketing maven Tim Martin. Longtime

1 WO readers might recognize Tim's name from way back in 2012, when apparently (according

to Tim, anyway) I was the first person to write about Tim's Napa Valley project, Tusk. "We've

got a ten year waiting list on Tusk now," Tim mentioned, which I suppose is much more a

tribute to that brand's cult status, and the prowess of winemaker Philippe Melka than it is to

my influence. I mean, as far as I know, even my mom doesn't read 1WD.

Anyway ...


It turns out that in the five-plus

years since we last met, Martin

has been busy lining up another

potential cult classic, and this one

already has some connection to

previous 1 WD coverage - it

happens to be the next iteration of

Hidden Ridge, which even /onger

time 1 WD readers might recall

from when I visited that stunning

Sonoma estate. on the very edge

of the Napa Valley border, back in

The late Lynn Hofacket (photographed in 2010)

2010. At the time, I marveled at why the prices for their reds were so low.

After Hidden Ridge patriarch Lynn Hofacket - who planted the vineyards on the steep hills of

that estate (some of which literally match the great pyramids in slope percentage) - passed

away, his wife Casidy ward eventually (though not without some trepidation, as I've been told)

sold the vineyards to what would become the team behind what would become Immortal

Estate (Hidden Ridge winemaker Timothy Milos remains a part of the team).

It was Hofacket's passing, which nearly coincided with the death of Martin's father, that

became the genesis of lmmortal's brand name. "I started to think about legacy, and what we

leave behind" Martin told me, and he noticed that Wine Advocate's 1 DO-point review of the

2013 Hidden Ridge Impassable Mountain Cabernet included the phrase "This wine is nearly

Immortal." And thus, a brand (or, at least, the idea of one) was born.

Which brings us to the jellyfish ...

Immortal Estate's flagship Cabernet Sauvignon has a jellyfish on the label. Not just any

jellyfish, of course, but the small Turritopsis dohrnii , which possesses the Medusozoa

eq uivalency of near immortality. There's no good way of explaining this, so I'll point you to an

excerpt from www.immortal-jellyfish.com:

Turritopsis dohrnii is now officially known as the only immortal creature. The secret to eternal

life, as it turns out, is not just living a really, really long time. It's all about maturity, or rather, the

lack of it. The iimnortal jellyfish (as it is better known popularly) propagate and then, faced with

the nonnal career path of dying, they opt instead to revert to a sexually immature stage.

Sexual immaturity? Forever? That's not exactly a wine marketer's wet dream, but check out

how the innards of this nigh-undying look to the human eye; namely, almost exactly as if it's

carrying a wee little glass of red wine:


Turritopsis dohrnii (image: amnh.org)

Now, that kind of is a wine marketer's wet dream right there.

One of my first questions to Martin, because this is the kind of guy I am, is why, if the vineyard

site and winemaker are the same, should anyone feel compelled to pay three-to-four times the

Hidden Ridge asking prices for Immortal Estate. Martin's answer was obviously well

considered, and just as obviously wasn't marketing fluff: "Lynn just didn't have the same

resources to elevate the farming practices as we do."

In other words, lmmortal's Randy Nichols has the

funds to farm their unique vineyard site to its fullest

potential. And personally, I think you can already

taste it.

2014 Immortal Estate Cabernet Sauviznon

(Sonoma County, $303)

Available by acquisition only because, well , cult

wine. Densely packed, in terms of palate weight,

complexity or aromas, and intensity of mouthfeel ,

this is immediately identifiable as a Napa Valley

styled classic, but of course in a blind tasting we'd

all get it wrong since it's technically from Sonoma.

Cassis, pencil lead , cocoa, dried herbs, black and

red plums ... the stuff just keeps coming and

coming.


Interestingly, while this is drinkable stuff now, the palate has hints of

reservation. There are nice laces of acidity through the leather of the

tannins and the density of the fruit, but it's the tannin action that has the

most depth to it Deceptively so, however; those tannin chains are nice

and long, so you're getting a silky experience now, and so it's easy to

miss just how much structural scaffolding is built into this puppy. The

tannin Force is, indeed, strong with this one; and it has many, many, many

years of excellent drinking ahead ofit.

Cheers!

http://www.1winedude.com/return-to-forever-immortal-estates-inaugural-release/


HART FAMILYTRAGEDY - ~OLIDAY SHOPPING GUIDE- {iVE LIKE AN ITALIAN DEATH ON THE MENDOCINO COAST P.86 I tELEBRATING SONOMA MAKERS P.53 I ~1

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Secrets of ... The wine maker • nobhillgazette.com/secrets-of-the-wine-maker/

"Wine, for whatever reason, has this intimidation factor - no one seems to be intimidated by vodka," says Tim Martin, a Napa Valley industry vet. "No one goes into a bar nervous about ordering Grey Goose versus Belvedere. But wine creates this weird intimidation I've never completely understood. There's almost this strange shame or embarrassment from people who think they don 't understand it, which is why I say all the time, we're just glorified farmers, for God's sake. We've built wine into this thing and mystified and glorified it, but it 's really just an agricultural product, like growing tomatoes. "

October 5, 2018

Tim Martin is helping people break through the snobbery and mystery that too often confuse and complicate experience of enjoying fine wine.

Martin believes the unnecessarily snooty attitude that prevails in viticulture only prevents

would-be wine connoisseurs from learning the ropes. As co-founder and partner at Tusk and

Immortal Estates, respectively, Martin makes it his business to make wine accessible,

interesting, and just plain fun. "The truth is, your palate is smarter than you are and smarter

than anything you're going to read," Martin says. "A lot of books will give the basics, but I

believe the best way to start learning is to start drinking. As with any food product in the world,

your palate becomes educated via taste, and as you start trying more, the more questions will

come up, and the more you'll want to learn. Start by drinking, and let that lead to exploration

into whatever you like."

Learning curve.

You don't need to study up, but if you're totally new to whites, reds and everything in between,

Martin says getting to know a few facts can set you up for success. "The first thing you want to

learn about is that there are many varietals - chardonnay, cabernet, pinot, etc.," he says.

"You learn about those and then you learn that varietals in Napa are a little different than those

in Sonoma, which are a little different than those from Mendocino, and you start to ask why.

Then you learn there are different terroirs - a French word for everything that happens in a

regional environment, like the soil type."

The rules are: There are no rules.

"Diversify and don't be intimidated by rules," Martin says. "I've heard all these things like, 'Oh, I

can't have white wine with red meat' - why can't you? Some-one made up these arbitrary

rules. Some are based in ideas like a powerful cab may overpower halibut, which may be true,

but if that's what you like, and you like that contrast, no one has factored that in. I've found so

many interesting pairings that go against the rules. Your palate learns when you test it and

push it, so my rules are to explore and diversify and not get caught up in very structured rules.

Exploration brings creativity, and that's borne out of someone taking a risk."

Fine dining.

When it comes to taking his palate out on the town, Martin has a few go-to spots throughout

the Bay. "I have two favorite restaurants in the city," he says. "One is Quince, which is

obviously amazing and such a fantastic restaurant in terms of having really high-end food and

wine. I love Coqueta on the waterfront. In Napa Valley, one of my favorites is Bouchon - the

meals are always spot-on, and it's delicious French cuisine done right. Don Giovanni is an

other one that's been doing this for 20-something odd years, where I always have a good

experience.

Raise a toast.

As a founder of Tusk Estates and a partner in Immortal Estates, Martin clearly has a stake in

the wine game. But that doesn't mean he's not a fan of other makers. "Obviously, I'm biased,"

he says. "Immortal is my brand, and Tusk is my brand, but Scarecrow is another incredible

brand, there's another winery here called Brand that's really delicious, and a company called

Melka that makes quite a few different, beautiful, well-made wines."

Cougar juice conundrum.

It's safe to say that one varietal in particular has gotten a pretty bad rap among winos:

Chardonnay. "In the U.S., we've placed tiers on wines, like cabs are the best, and that's how

we price them, and that's how people view them, which is part of that snobbery," Martin says.

"'Oh, you only drink chardonnay, or you only drink Riesling ... eventually you'll grow into your

palate.' That's like saying, 'Oh, you only like regular oranges, but everyone loves blood

oranges - you're just not quite ready for those."'

A perfect pick.

With so many factors - origin, year, flavor profile, etc. - choosing a wine can be a bit

overwhelming. But Martin says trusting your gut and adding in a little bit of knowledge can go a

Iona wav. "You want to look for estate fruit from an actual vinevard source. " he savs. "When

you get into wine, you can start to know, 'Oh, that's an Oakville Cab. That's a really good area

that produces high-end Cabs, so even if I've never tried it, I have a better shot with it than say

a Mendocino cab, since that area isn't known for Cabs.' That's not to say it couldn't be made

there, but it's a little bit more of a crap shoot. Knowing the region and varietals that are best in

that region plays a huge role for me when I'm in a restaurant guessing and exploring and trying

something new."

A break from the norm.

Everyone needs a breather now and then. So what does a wine expert drink when vino isn't on

the menu? "I love tequila and mezcal," Martin says.

https://nobhillgazette.com/secrets-of-the-wine-maker/

~aneIJfranci~co C!~ronicle The new brogrammer status signifiers ([ sfchronicle.com/style/articlefThe-new-Silicon-Val ley-status-signifiers-1314 7289 .php

August 10, 2018

STYLE

By Valerie Demicheva Aug. 10, 2018 Updated: Aug. 10, 2018 2:12 p.m.

Khaki-clad, living caricature tech bros subsisting on gruel-like meal replacement fads are

nearly extinct in San Francisco. While startups and tech behemoths continue to coddle tech

workers in post-adolescent utopias, many brogrammers are evolving into cultured, grown-up

consumers, enabling a renaissance for chefs, designers and artisans. Flush with new money

and experimental taste, this cohort is also ravenous for novelty. Here's our cheat sheet to the

new Silicon Valley status signifiers.

SIGNATURE SWEATSHIRT

IN: Grown-up leather and suede jackets, because your Harley's parked outside and coding is

just the day job. If you opt for a scooter instead, Taylor Stitch's refined Apres Hoodie does the

job. Think of it as your comfy college sweatshirt, with lux iterations.

OUT: College sweatshirts, company fleeces, and cheap conference schwag. Even Mark

Zuckerberg retired his hoodie.

CONVERSATION WRIST PIECE

IN: Beaded bracelets with spiritual and psychedelic backstories - whether a token from a

Peruvian ayahuasca shaman, Tibetan monk or local artisan like Mister SFC.

OUT: Neon silicone bracelets bearing a charity you once gave a buck to at a drugstore

checkout desk. (Unless you're going to a rave. Because MOMA is totally in again.)

ENERGY DRINK DU JOUR

IN: Matcha. Encha's ceremonial-grade organic matcha is scrum sprint-certified by its founder Li

Gong, a former enterprise software VP who touts the tea's theanine plus caffeine-based zen

energy boost.

OUT: Gimmicky coffee hacks. Put down the grass-fed butter. Step away from keto coffee.

Wipe your sweaty palms. Now make that appointment to check your cholesterol.

DECADENT DATE NIGHT

IN: Farm-to-table food that tastes as good as it looks from the likes ofSpruce, Chez T J and

Marlowe. As Village Pub's lead server Melody Temkin put it: "Nobody wants the frou-frou stuff

anymore."

OUT: Molecular gastronomy is a culinary science experiment gone wrong that transforms

premium food-grade ingredients into "edible art." The experience costs $1,000 for a tasting

menu of 12 to 14 courses, takes three hours to serve and leaves diners craving a pizza at the

end. Everything sous-vide: stop, please.

SHOE GAME OVER

IN: Rugged boots that walk the line between banker and bandit. You're may be neither and

nowhere in between, but man, will you look cool in Sutro Footwear.

OUT: First-interview-out-of-college dated oxfords, old dirty sneakers and Croes - toss 'em!

But do so mindfully, please.

PRECIOUS CARGO

IN: Rustic, grown-up briefcases and shoulder bags by the likes of WaterField Designs, a local,

timeless staple. And yes, WaterField even has backpacks for the stubbornly scholastic.

OUT: Canvas totes, messenger bags and anything that screams professional package courier.

BOYS' WEEKEND

IN: Sharing stories through the grapevine, biking and bonding with the bros over organic

Cabernet Sauvignon a la Immortal Estate in Napa.

OUT: Players and playboys. Gentleman's club and golf weekend benders haven't been "yuge!"

since the 2000s. Believe me. That's not fake news.

FOLLICLES

IN: The sleek classic side part. Just add a barber, comb and pomade. Cheers to you, old sport.

And watch "The Great Gatsby" while you're at it. Just because everyone should.

OUT: The werewolf look. Not to play Delilah to all of the Samsons out there, but it's time to

snip those beards and manbuns. Unless you're a yogi, ayahuasca shaman or Joaquin

Phoenix.

Valerie Demicheva is a Peninsula freelance writer. Email: stv/[email protected].

• Winetraveler

Introducing Immortal Estate Winery • winetraveler.com/california/introducing-immortal-estate-winery/

Greig Santos-Buch - August 7, 2018

Today, Winetraveler spoke with Immortal Estate Winery, Northern California's newest winery

situated on the mountainous border of Napa and Sonoma producing award winning wines. The

vineyard is an organic evolution of Hidden Ridge Vineyard, a winery that has produced wines

earning a rare 1 OD-point rating from internationally influential wine critic Robert Parker.

Discover Immortal Estate Could you provide some background on who the wine maker is for Immortal Estates? What is

his/her experience?

Timothy Milos c1·eated Hidden Ridge Vineyard in 2004, in collaborntion with Marco

DiGiulio, and has been the sole winemaker since 2008. As a California native, Milos was

pursuing a doctorate in molecular plant pathology at Cornell when he fell in love with the

art of wine making. He redirected his academic caree1·, and began studying Enology and

Viticulture at U.C Davis, and wo1·king in the Napa Valley. Timothy started w01·k at Hidden

Ridge after working with a number of winedes, including Stag's Leap Wine Cellars, Opus

One and Cliff Lede Vineyard. He currently lives with his family in Napa.

What inspired the creation of this brand?

The new Immortal brand was neated as a tribute to all things timeless. We each strive to

place om· lasting mark on the world and to leave a legacy. In wine making, we a1·e hopefully

able to create something beautiful that will outlive those currently working to conceive it.

Our beautiful vineyard was terraced out of the hillside by the previous owner who

unfortunately passed away from Cance1· in 2016, but his work and legacy live on in the

unique land. The immortal jellyfish is the only animal on the planet we know of that can

live forever. It continuously i·eproduces its cell back to a youth state. Our mission at

Immo1·tal is to continue to reproduce our energy into this vineyard with wines that will last

longe1· than the team creating them. We may be gone 50 years from now, but the wines we

create will still be very much alive and drinkable. Our hard wo1·k and legacy will be left

behind in each of the bottles we artfully produce.

What has the transition from Hidden Ridge Vineyards been like?

The transition from Hidden Ridge to Immortal has taken about two years. We didn't want

to fo1·get the past, we actually have integrated that past into om· future, so the transition was

intentionally slow and methodical.

What is the terroir like of the property?

The Immortal Estate is located high in the rngged Mayacamas Mountains whe1·e we farm 50

acres of vines between 900 and 1700 feet in elevation, on mostly terraced slopes of up to a

55% grade. The vineya1·d consists of two adjacent sections: the uppe1· section "hangs" from

:1 nromontorv rifloP linP with F.:1d_ ~onth_ :1nfl WPdPrn PYno .. nrP"- whilP thP lowPr ""ction

sits on a massive ancient slide and has South, East and Northern exposures. Within each

section there is rapidly changing topography, elevation, aspect, and soil. Soils range from

decomposed volcanic ash, to fractured rock, to uplifted ancient seabed. While the vineyard

usually sits above the fog line and expedences warm days, the site is impacted by ocean afr

flow from the Pacific Ocean, mode1·ating the temperature in the mornings and evenings,

prese1·ving fruit and freshness in the wines. It is the diversity and complexity of the physical

characteristics of the vineyard, its mountainside location, and the cooling breezes it receives

that define the unique teIToir of Immortal Estate.

What grapes are being grown and what wine styles produced?

We currently grow Cabernet Sauvignon and Petit Ve1·dot on the property. We pafr the

diversity of our property with clonal diversity in the Cabernet to enhance the complexity of

the wines. Our Cabernet Sauvignon is classically styled, rich in complexity, and matures

over time. We a1·e cuITent replanting a small po1·tion of the vineyard where we a1·e adding

Cabernet Franc and Malbec to be used in our Cabernet Sauvignon wines, and a small

amount of Grenache, Mom·vedre and Rolle, to make an estate rose in the future.

Any unique production practices to discuss? What makes the brand unique?

Our wine is made according to neoclassical non-interventionist techniques. Much of the

vineya1·d work is by hand, and we hand harvest. We pick on taste not chemistry. We choose

the grapes accor·ding to a1·eas of ripeness not vineyard blocks, and we keep these picking lots

separate. The fruit is sorted, destemmed and so1·ted again before all going into small tanks.

The fruit sits cold several days until natural fermentation begins and we pump over several

times a day incorporating afr dul'ing fermentation. We allow the new wine to macerate on

the skins after fermentation and drain off when the wine is in balance by taste. Next, we age

the wine in mostly new French Oak ban·els from a number of select forests. The wine is

usually racked three times, over about two years, and we bottle unfined and unfilte1·ed.

Will you be allowing visitors for tastings, tours? If so, in what format I setting? What kind of

experience(s) can they expect?

Right now we are doing private tastings with om· hospitality team that spends a good

amount of time educating people on our process, story and wine.

Any other news or events we should be aware of?

The Immortal Brand officially launched July 10, 2018 with the flagship wine Impassible

Mountain. Our second wine will release this October, and it's called Slope.

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CAPTURE: Tell us how Immortal Estates

came about, and the story behind the

name and the jellyfish logo.

TIM MARTIN: When I took my first trip to

see this special vineyard. I saw something

that looked like it was out of Europe. With a

SS-degree slope, it represented something

that was just not done anymore due to envi·

ronmental issues.

We wanted to rebrand the vineyard but had

not made a firm decision. While sitting at

a local restaurant, the sommelier insisted

I try a 190S sherry. Well, it made me stop

and pause realizing I was sipping something

stunning and while everyone who had a

hand in making this sherry was gone, I was

savoring it years later.

It made me think about that mountainside

vineyard and the fact that the founder

who carved it out w ith his bare hands was

gone. However years later we w ill have the

enjoyment of drinking a beautiful cabernet.

The vineyard seemed to take on a spirit of

immortality in my mind. The spirit of the

owner that crafted this vineyard by hand

lives on, and that became the new brand -

Immortality Estate.

Shortly after this experience with the

sherry, I stumbled onto information about

the Immortal Jellyfish, which when it gets

old reproduces itself again.

With my passion to create things that live

beyond myself, such as the hand crafted

w ines that are 100·200 years old, it seemed

the Immortal Jellyfish was the beautiful and

perfect logo for the Impassable Mountain

Reserve.

C: Describe the style of lmmortal's new

release-the Impassable Mountain Reserve.

TM: The 2014 Impassable Mountain style is

a luxurious cabernet w ith all the structure

you want in a cabernet, very well balanced

and appealing. It is a mountain fruit caber·

net that has a beautiful mouth feel but all

the structure you want.

C: Would you classify it as a cult wine?

TM: I guess I would. We are set ting a bar for

a high end Sonoma Cabernet, and are only

making 400-SOO cases. Alt hough Napa has

been doing this for a long time, you do not

think of Sonoma as a high end Cabernet at

$300 a bottle.

C: Where does the technology of wine·

making stop and art begin to take over?

TM: The artistic part for us comes at the

very beginning when we pick the best

f ruit. For t his special vineyard, which pro·

duces the Impassable Mountain Reserve,

everything is done by hand from selection

of vines through the w ine making process

to the packaging. Our w ine decisions are

always to select the best of the best. That is

the difference in a cult wine, versus business

decisions for the books.

C: What was the most difficult part of ere·

ating a wine at a level that received a rare

100-point rating from Robert Parker?

TM: You have to make hard decisions. We

made a hard brand decision to invest into

the vineyard by removing 2S% of t he vine·

yard, and replanted better rootstocks to

grow the vineyard to t he next level.

We wil I not see the fruits of that investment

for seven years.

C: With a limited production, will we see it

on wine lists of restaurants we might know?

TM: We w ill only produce 400 or 500 cases

at most, so other than the winery, Impassable

Mountain w ill be available at select high-end

restaurants.

C: If you were not in the business of making

wine what would you choose to do?

TM: As a kid I grew up playing music, and

thought I wanted to become a rock star or a

music producer. Then I came upon the impor

tance of w inemaking and w inemaking became

my song, so to speak.

C: What is your most memorable wine

moment?

TM: Early on in my career, I was in Bordeaux

w ith friends drinking a Cheval Blanc, one of

the first w ines of France. The wine was so

good, we were not drinking it we were sipping

it. That moment was the turning point for me

to be committed to winemaking.

C: Who is the one person you would like to

share a bottle of wine with?

TM: Steve Jobs. It would be fascinating to talk

w ith him because he was passionate about

what he created, and the products we enjoy

today have lived beyond himself.

Immortal Wines Shows the Wine Industry How to do Sonoma Cabernet <;? auvedaily.com/cuisine/immortal-wines-shows-wine-industry-sonoma-caberneU

by Julia Mathis - May 31, 2018

The Bay Area's thriving wine

industry welcomes an exciting new

addition with Immortal Wines.

Located deep in the Mayacamas

Mountains, far off the beaten path of

the Wine Train and the typical Napa

Valley tourist spots lies the

picturesque and idyllic Hidden Ridge

vineyards. Encompassing 50-planted

acres of lush garden fruit, Hidden Ridge

has been producing wine since the

May 31, 2018

early 90's with moderate success. While their product was good, they lacked the marketing

focus and business acumen to push the business forward among the industry's numerous

competitors.

However, all of that is about to change with the help of Tim Martin. Martin, a businessman

with experience in the wine business, visited Hidden Ridge with his partners a few years ago

and immediately recognized the potential of the property and its unique and varied landscape.

Unlike most Napa Valley vineyards, Hidden Ridge's land can vary significantly in elevation

from one acre to the next, allowing its fruit to receive sun and stress from multiple angles

depending on what part of the slope it's located. That gives the grapes a truly diverse and

diverse range of flavors and it's a feature that is hard to find in a California wine vineyard.

'Farming at this angle isn't allowed anymore. The most you can farm is at a 15-degree angle

and ours is at a 50 degrees. It does not sound like a very big deal but when it comes to wine,

it's a huge deal. What you're getting here is true mountain fruit, but mountain fruit on a slope

with many different flavor profiles. ' Said Martin.

He knew right away how much potential there was for Hidden Ridge, so he worked with their

original winemaker and brought on the best possible team of vineyard managers and

horticulturists to help create wine that was as exceptional and unique as the property it comes

from. He wanted to show that Sonoma, typically known for its Chardonnay and Pinots Nair, can

truly compete in the Cabernet market. It's an effort that has definitely paid off. Impassable

Mountain, Immortal Wine's signature Cabernet, has received rave reviews from critics and

collectors alike. Robert Parker 'the world's most trusted wine authority' has consistently scored

Immortal Estate Vineyard

the wine a 97 out of 100 on his rating scale. It's a wine that exemplifies the complexity of

flavors created by the varied elevations of the Hidden Ridge vineyards.

"We are able to get all these different nuances from the land and the very best of the best goes

into Impassable Mountain. It a true collectors' wine." Said Martin.

Slope, the other Cabernet in lmmortal 's debut collection, is a more accessible option for wine

lovers to enjoy, but still has a well-balanced and remarkable in taste. Both will be available on

Immortal Wine's website in the coming months.

And this is just the beginning for the brand. There are plans to produce a number of other

wines at Hidden Ridge, including an estate-grown Rose, and the potential for developing

additional collections endless.

As excited as Martin is excited about the many business possibilities that Immortal has to

offer, it's clear from his enthusiasm that this is also a passion project. He is genuinely

captivated by the wine and branding industries and is looking forward to make a real

contribution to the market by challenging the wine community's perception of Sonoma Cabs.

''I'm excited because I think the world is ready to know more about Sonoma. People don't think

of Cabernet when they think of Sonoma, but I love a challenge."

Immortal Estate Vineyard

CAL IF'ORNIAHOM E+DESIGN

A Designer's Journey From Luxury Brand to Terroir-Driven Wine ( '• l californiahomedesign.com/trending/2018/05/05/designer-s-journey-luxury-brand-terroir-driven-wine

For Tim Martin, a brand designer, building Tusk into a cult

Cabernet was a matter of marketing aspiration in a bottle,

from branding, labeling, packaging, to the luxurious quality

of winemaker Philippe Melka's wine. It's in the moment.

But one night while dining at Tore in Downtown Napa, he

was served a rare 1905 Sherry that sparked a revelation.

While the Sherry winemakers have passed on, their spirit

lives on through the wine. It was about that time that he had thA nnnnrt11nih1 tn ::ir.ni 1irA ::i 11nin1 IA vinAv::irrl nn thA

Mayacamas range, Hidden Ridge, whose ageworthy 2013 Cabernet wines Robert Parker

rated a perfect 100 points, calling it "nearly immortal". And so Immortal Estate was born.

The spectacular vineyard's steep slopes and high elevation site produces deep, rich and concentrated fruit, while the 1,000 foot vertical span adds complexity. The Impassable Mountain Reserve (400 cases) is their small production, icon wine but given the large 50-acre vineyard, Immortal Estate will also produce a second wine called "Slope" to enable a shared journey with their customers. The longevity of the wine inspired Martin to select for its logo the elusive and immortal Turritopsis Dorhnii jellyfish. For more information, check the website.

The Power Of Rebranding: From Hidden Ridge Vineyard to Immortal Estate

F forbes.com/sites/stephanrabimov/2018/04/23/the-power-of-rebranding-from-hidden-ridge-vineyard-to-immortal-estate/

April 23, 2018 Stephan Rabimov , Contributor I write about emerging markets, fashion, arts, and culture.

Opinions expressed by Forbes Contributors are their own.

They say a good quality

product can sell itself.

Hogwash! In an era marked

by crowded marketplaces,

big data, and hyper-dynamic

marketing practices, selling a

product requires deft

strategy. In many cases, the

fine line that separates

success and failure lies upon

a brand's ability to

consistently deliver on

message for ever changing

marketplace. For Tim Martin,

co- founder of Gauge

Branding and owner of

Immortal Estate - previously

Hidden Ridge Vineyard

- his latest passion project is

a testament to the power of

rebranding: reviving a

stagnant vineyard into a

luxury wine brand.

As a child , Martin worked as a prep cook for his Italian grandfather. His penchant for all things

culinary led him to two accomplished decades in restaurant and hospitality management. After

working in Napa Valley for a decade with legendary Robin Lail and her wine project, Lail

Vineyards, in addition to launching his own project, Tusk Estates, Martin launched Gauge

Branding with partner Mark Wiegard. At Gauge, Martin focuses on cultivating brand DNA and

crafting marketing strategies for emerging winemakers, cold-brew coffee makers, and bourbon

distillers. In 2017, he fulfilled his lifelong dream to own a vineyard and thus became the new

owner of Hidden Ridge Vineyard, now known as Immortal Estate.

In its original incarnation, Hidden Ridge Vineyard was a small vineyard with a cult-like following.

Its 2013 Impassable Mountain Reserve Cabernet Sauvignon received a coveted 100-point score

from venerated wine critic Robert Parker, who described it as a "quintessential example of what

perfection is." The brand's only other wine, the 2013 Cabernet Sauvignon 55% Slope, also

received a laudable 97+ score. Yet despite such critical accolades and high remarks, the

vineyard and its compelling wines went largely unrecognized. The problem wasn't the wine, but

rather the branding or lack thereof.

Hidden Ridge Vineyard

To say the vineyard 's unique location is off the beaten path would be an understatement.

Located on 150 acres of land on the Sonoma side of Spring Mountain in the Mayacamas

Mountains, the secluded vineyard runs the ridge between the Napa and Sonoma valleys. West of

St. Helena, the estate's 50 planted acres span the slope of Spring Mountain. What makes the

vineyard unique is its 55-degree slope, a deviation from the county's set 15-degree maximum.

Since the area was originally developed by Lynn Hofacker and Timothy Milos in 1990, the estate

is grandfathered in.

With its extreme slope and mountainous terrain, the area is an anomaly compared to typical

auspicious properties. After initially purchasing the land, Hofacker spent years learning the land

and developing the vineyard. This distinctive terroir provides unique soil and light conditions for

the mountain fruit used to produce the vineyard's acclaimed cabernets. The property's exposure

to the early afternoon breezes from the Russian River compounded with the area's climate keeps

the wines natural acidity and nuanced flavors. Rich, dark, and full-bodied, the wines boast a

complex range of palette notes like cassis, dense cocoa, sweet spice, and truffles. 'These

mountain fruit are incredibly delicate," said Martin. "The wines produced here are unlike anything

else you can find. It really speaks to just how special this location is."

While Hofacker proved to be accomplished in producing remarkable cabernets, his tenuous efforts

in establishing his brand and marketing his creations kept the Hidden Ridge name a little-known

secret. Today, Martin has made it his mission to change that.

Mark Wiegard, Co Owner I Creative Director, with Tim Martin, Co Owner I Brand Director, both of Gauge

Branding.

When reimagining Immortal Estate, Martin had one goal in mind: to create a world class cabernet from Sonoma, which no one has ever seen. "I was intrigued by this idea that we have drawn lines and said, 'Napa does this well, Sonoma does this well ,' but these are arbitrary lines we rlrAw nn ::i m::in l\ilnthAr F::irth rlirln 't rln th::it " !':::iirl l\/l::irtin in ::in intArviAw with N::in::i \/::illAv

Register. "So when I tried this wine for the first time it opened up my brain, I felt like I learned something, because this is a Sonoma cabernet that you don't expect to have these kinds of profiles. I was blown away and sort of accepted this challenge of communicating to the world that Sonoma can make amazing cabs."

For Martin, the new Immortal Estate was launched as an evolution of Hidden Ridge Vineyard. Rather than disregarding the past, Martin aims to honor the original vineyard by building upon its legacy of winemaking and transforming the brand into a prestigious name that will stand the test of time. "I love the fact that every day I get to work on something that I hope will outlive me," said Martin. "Lynn, the founder of the vineyard, he's part of that spirit. Here's a man who crafted this amazing property. He passed away, and yet, this vineyard lives on; it's like the spirit of his is there."

Immortal Impassable

If ever there was a symbol to represent endurance and eternal life, the immortal jellyfish would be it As the only immortal creature on the planet, the jellyfish is able to reset itself and transform back into an adolescent state to essentially start over. With this in mind, Martin made the mysterious creature the focal point of the vineyard 's new branding. "Like the immortal jellyfish on our labels, we want clients' memories with Immortal Estate wines to live forever," said Martin in a press release. "We believe the way to do that is to deliver a truly luxurious wine experience through incomparable wines. We believe something special happens when people come together around good wine. Our goal in everything we're doing is to create these immortal moments for people."

4/4/2018 Napa Sonoma Spring 2018

See Go green at Wine Country's eco-friendly buildings p. 34

4/4/2018

NEW SIPS Tl IE l..\TEST \I'\\" ll l·: l.E \SES \ \ D

T\STI \ G ROO\IS I\ \\"I \E COl \ Tl!\'.

NEW RELEASES

Hanna Winery, Healdsburg Saint Macaire is an obscure grape that's seeing a

recent renaissance in the Alexander Valley; Hanna Winery's 2015 Reserve Saint Macaire is the first single-varietal available in the states. $68. hannawinery.com.

Passaggio Wines, Sonoma Winemaker Cindy Cosco makes a dry-style wine from the Souzao grapes {indigenous to Portugal) of

Lodi in Passaggio Wines' 2017 Souzio. It's bursting w ith aromas of intense black currant, licorice, and

leather. The exact release date is October 2019, so

keep an eye out for this fun new vino in SOnoma Square. $20. passaggiowines.com.

NEW TASTING ROOMS Adobe Road Winery, Petaluma Professional car racer Kevin Buckler started Adobe Road Winery in 2002, Pouring his wines at the Great Petaluma Mill tasting room. construction begins

soon on the new waterfront winery complete with

kitchen. entertainment area, and a car museum. $20 or $30. 6 Petaluma Blvd., adoberoadwines.com .

18 SPRING 2018

Napa Sonoma Spring 2018

Immortal Estate, Spring Mountain Formerly the Hidden Ridge Vineyard, the winery has a new owner, Tim Martin, who is reinvigorating the label with vines grown far to the west in the Mayacamas Mountains. This year celebrates the first wines under this new label. Tasting by appointment. immortalestate.com.

Jean Edwards Cellars, Sonoma Karen and John Troisi's first bdck·and·mortar tasting room showcases Bordeaux varietals and their first vintage of Chardonnay. Sonoma Square proves the

perfect location for their small·production wines. $25. 29 East Napa St., jeanedwardsceflars.com.

The Saint. St. Helena St. Helena's newest lounge by Toby Devore is the perfect spot to taste w ines from local vintners that lack their own tasting spaces. Global wines are also Poured, with small house-made bites to complement the sips. Fees vary. 7351 Main St., rhesainr napavalley.com.

Topping and Legnon, Santa Rosa This urban-chic winery from Dana Topping and Rick Legnon, along with vintner Sandro Tamburin, focuses on single-vineyard red varietals from their St. Helena and Sonoma estate vineyards, and crisp white wines sourced from the North Coast and Napa. $10. 1301 Cleveland Ave., roppinglegnon.com.

Trade Brewing, Napa Owners of Jax Diner, Derek McClintick and J.B. Leamer launched Trade Brewing, adding to Napa's budding brew scene. En}oy a full portfolto of

https:/lwww.immortalestate.com/press

1. PasNggio wines: Keep an eye out for thed1v2017 SouzAo .at this Sonoma Square tasting room.

2. Tract. Brewing: sample 14 craft beefs on tap paired with scrumptious small 1>1es.

14 beers on tap along with house.made bar snacks. This spring, McClintick and Leamer look forward to debuting their backyard beer garden. 731 First St., tradebrewing. com.

Zlalena Winery, Geyserville Fourth-generation brother-and·sister·team Mark and Lisa Mazzoni continue their family's legacy of producing red wines fermented in concrete tanks, a nod to their Italian heritage. Cappella is a field blend of Petite Sirah. Mourvectre, and Alicante Bouschet. $15 or $25. 21112 River Rd., zialena.com. - Stacy Briscoe

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Immortal Estate to Launch First Wines • wineindustryadvisor.com/2018/03/29/immortal-estate-launch-first-wines

By Press Release March 29, 2018

New winery along the Napa and Sonoma border evolved from Hidden Ridge Vineyard, known

for its 100-point rated Cabernet

SAN FRANCISCO- March 29, 2018-

lmmortal Estate, Northern California's newest

winery located on the mountainous border of

Napa and Sonoma, has announced that it will

launch its first wines in 2018. The vineyard is

an organic evolution of Hidden Ridge

Vineyard, a winery that has produced wines

that have earned a rare 100-point rating from

internationally influential wine critic Robert

Parker.

Immortal Estate's distinctive terroir from its

location stretching across fifty planted acres,

of the estate's total 150 acres, of land in the

Mayacamas Mountains enables it to produce

true mountain fruits , creating wines

consistently scored 97 or over by Parker.

West of St. Helena, the vineyard spans the

slope of the mountainside, providing unique

soil and light conditions for the fruits. Wines

produced here are rich, dark, and full-bodied,

with a range of palette notes including cassis,

dense cocoa, sweet spice, and truffles.

"These mountain fruit are incredibly delicate," Said Tim Martin, Owner of Immortal Estate. "The

wines produced here are unlike anything else you can find; it really speaks to just how special

this location is."

Through its transition to Immortal Estate, the vineyard 's aim is to bring the already-high

standard to another level, producing some of the highest quality wines from the region.

Originally developed by Lynn Hofacker and Timothy Milos in 1990, Hidden Ridge earned ~r.r.ol~rlA~ for nrorl11r.inn 1mn~rnllAIArl l,~hArnAt~ owinn thi~ to Hofar.kAr'~ ~r.r.omnli~hmAnt~ in

developing the vineyards on such extreme slopes. Martin, who rose to prominence in Wine

Country after cofounding Tusk Estate, believes this transition is just the beginning of the next

chapter of the vineyard's history.

"Immortal Estate's mission is to create truly immortal wines," said Martin. "Like the immortal

jellyfish on our labels, we want clients' memories with Immortal Estate's wines to live forever.

We believe the way to do that is to deliver a truly luxurious wine experience through

incomparable wines."

Immortal Estate will be continuing the legacy of Hidden Ridge, producing the 100-point rated

"Impassable Mountain Reserve" as well as the "Slope" Cabernet Sauvignons under its own

label. The wines will be available for $303 and $97, respectively, per bottle, set to be released

in early 2018.

Robert Parker said of the 2013 Impassable Mountain: 'This wine is nearly Immortal, drinking

well young, and for those with the patience and wisdom to wait 25-35 years, a legacy wine

from Sonoma."

ABOUT IMMORTAL ESTATE:

Immortal Estate is an organic evolution from the acclaimed Hidden Ridge Vineyard on the

Sonoma side of Spring Mountain in the Mayacamas Mountains. Under new management, the

property was originally developed by the Lynn Hofacker, initially purchasing the land in 1990

and developing the vineyards over many years. Hofacker was very accomplished in

developing vineyards on the extreme slopes of this mountain property but did not dedicate a

similar effort to establishing the brand and marketing the wine.

Wine produced from this vineyard has consistently been rated 90+ by industry aficionados

Wine Spectator, Wine Enthusiast and Wine Advocate (Robert Parker). In 2014, Wine Spectator

rated the 2009 "55% Slope" #32 of the Top 100 Wines of the year. The 2013 Impassable

Mountain achieved a perfect score of 100 points from Robert Parker.

Napa• Valley

Register Immortal : a Sonoma Cabernet Sauvignon worth finding • napavalleyregister.com/wine/immortal-a-sonoma-cabernet-sauvignon-worth-finding/article_bfOd8da5-32c3-5c67-bc71-

9600f98156fd.html Jess Lander

Few people have heard of Spring Mountain's Hidden Ridge Vineyard, even though its 2013

Impassable Mountain Reserve Cabernet Sauvignon - a Sonoma cabernet, mind you -

received the coveted 100 points from Robert Parker.

The problem isn't in the wine; it's in the branding and marketing, which up until now, have been

essentially nonexistent. Now with new, experienced ownership and a complete overhaul of the

brand from Hidden Ridge to its new identity, Immortal Estate, these wine's won't be Sonoma's

best kept secret much longer.

The Hidden Ridge

"If you want to show off to a winemaker friend and really blow their mind, that's where I take

them," said winemaker Timothy Milos, a consultant winemaker who has worked with Hidden

Ridge Vineyard since the first vintage in 2002, was produced. "There's really very few places

like it in California. You take people up there just to show it off; to say, Guess what I get to

work with?'"

Hidden Ridge vineyard is just as it sounds: hidden and on a ridge. About a 25-minute trip from

the base of Spring Mountain, the final mile is like driving deep into a jungle. The nearest winery

is over a mile away.

The 50 planted acres are on a little ridge on the Sonoma side of Spring Mountain, looking over

into a dramatic bowl. The top of the vineyard sits at 1,700 feet, but its most distinctive feature

is its incredible slope. At 55 degrees, it's an anomaly, for the county has since set a 15-degree

maximum. Planted in 1990 by original owner Lynn Hofacket, Hidden Ridge is lucky enough to

be, as they say, grandfathered in.

"If you saw this piece of property, it doesn't look like anywhere that you'd attempt to build a

vineyard ," said Tim Martin, co-owner of Immortal Estate, who is spearheading the

transformation of the Hidden Ridge label. "Lynn studied for about three years what the best of

the best was doing. He was in construction by trade, and figured out how to create this

amazing vineyard -the sloping, the terracing is like nothing I've ever seen."

Hofacket brought Milos in and they started making wines from the vineyard as a side project,

with the intent to eventually sell the property. He didn't put much investment into the business

side of things, and by a stroke of luck, Robert Parker stumbled upon the Hidden Ridge wines at

a Sonoma County Vintners Association tasting. He consistently awarded them high-90s

scores, until most recently granting the Impassable Mountain 100 points. The 2013 Hidden

Ridge Vineyard Cabernet Sauvignon 55 percent Slope, the brand's only other wine, received a

commendable 97+.

So what makes Hidden Ridge special?

In addition to the extreme slopes, Milos attributes much of the complexity in Hidden Ridge fruit

to the vineyards' exposure to the Russian River breeze in the early afternoons, resulting in

cooler temperatures sooner than the St. Helena side of the mountain. This, combined with

warm days, preserves the wines natural acidity and diverse fruit flavors.

Moreover, Hidden Ridge fruit is unlike anything else you'll taste on Spring Mountain. While

wines from many AVAs have a specific, identifiable style, Spring Mountain wines can't be so

easily placed.

"Take Pritchard Hill, for instance," said Martin. "I love Pritchard Hill fruit, but it all has a very

similar style, a style I love, but most of Pritchard Hill could be one thing. It could be owned by

one person, it could have one brand, and there are very similar themes. But you line up a

bunch of Spring Mountain wine, and you're going to get all kinds of things; it's all over the

map."

Look up "terroir" in the dictionary, and from Martin's view, you could find Hidden Ridge as the

definition.

"This wine represents this exact place. There isn't a neighbor, there isn't something close. It's

us, in the middle of the jungle, in this one place that truly represents itself," he said.

Destigmatizing Sonoma

Hidden Ridge wine had Martin's interest at first sip, but another point of sale for his

involvement was the fact that these outrageously great wines were Sonoma cabernets.

Martin has 20 years in the Napa Valley wine industry under his belt. His first gig was studying

under Robin Lail and helping to launch Lail Vineyards, and he's since worked on many other

winery launches, in addition to starting his own project, Tusk Estates. But he also has family in

Sonoma (Sebastopol, specifically), and has never felt pressured to pledge his loyalty to one

side over the other.

"I was intrigued by this idea that we have drawn lines and said, 'Napa does this well , Sonoma

does this well ,' but these are arbitrary lines we drew on a map. Mother Earth didn't do that,"

said Martin. "So when I tried this wine for the first time it opened up my brain, I felt like I learned

something, because this is a Sonoma cabernet that you don't expect to have these kind of

profiles. I was blown away and sort of accepted this challenge of communicating to the world

that Sonoma can make amazing cabs."

If you think he's in for an uphill climb, Martin says 'bring it. ' In fact, he's already doing it.

How many Sonoma cabernets, if any, do you know selling for $300? Martin came in and took a

big risk, raising the price of the Impassable Mountain significantly to $303. Fully expecting

some backlash, he offered it to Hidden Ridge's mailing list. Then it sold out immediately w ith

hardly a whisper in protest.

"I thought for sure all these people were going to tell me to take a hike. The fact that it sold out

like that, that's a tribute to the wine, and the fact that the people who had been buying the wine

knew what they had," said Martin.

"For me, this is my next Mt. Everest. I love challenges, and all these years, people are like,

'Well, it's Sonoma.' I used to hear that, and this is the kind of wine that's going to change

people's ideas about appellations in general, and the silliness of it."

Hidden Ridge 2.0

This April, Martin and his team will release the 2014 vintage of Hidden Ridge wines as

Immortal Estate. and Milos seems to think that these wines are even better than the 2013s.

Martin's decision to give the brand a new name stemmed from the fact that it simply wasn't

working from a consumer perspective, even reminding some people of Hidden Ranch, the

salad dressing.

But when Martin got the idea for Immortal, it came from someplace quite unexpected: a 1905

bottle of sherry he had at Tore in Napa.

"It was unreal , like 'stop everything' unreal. Then it hit me, that everyone who made this is

gone. I realized in that moment that there's something about what we're doing here that we

hope will live beyond us," he said. "Most of us in wine, there's something pure about working

with your hands to create something that someone's going to enjoy years later. You're not

around at that moment at Christmas or amongst friends, but you're hopefully creating a

happy moment, and here I was trying something that someone created in 1905."

As the idea evolved, he found a more personal connection to Immortal as well : his father.

"The reason I got into this industry is because my father was a big believer in going for it. He

always pushed me to take chances, to never settle, to be an entrepreneur and find your own

way, and my father is really the reason I started all of this," said Martin.

"My father passed away this year and part of Immortal is that I realized when my father died,

there are people in our lives that have imparted part of their spirit on you, and they live on in a

way through you. My father lives on in a way through me, and I hope to be able to give back to

the world so that when I'm gone, I live on through someone too."

While searching for the right graphic or imagery to represent the new name, Martin happened

upon the perfect subject to grace the new labels: the Immortal Jellyfish.

Yes, it's a real, living thing.

"It's the only animal on the planet that can live forever. When it gets to its adult cycle, it

reproduces itself and basically changes itself back into an adolescent and it starts over. In a

way, it's sort of imparting itself on itself, which goes with our theme," he said.

"I love the fact that every day I get to work on something that I hope will outlive me. Lynn, the

founder of the vineyard, he's part of that spirit. Here's a man who crafted this amazing

property. He passed away, and yet, this vineyard lives on; it's like the spirit of him is there."

For tasting and acquiring Immortal Wines, visit http://www.immortalestate.com or email

[email protected].

Now this is a Cab! Toast the season with a cult favorite. Hidden Ridge's Impassable Mountain Reserve 2013 is made from 100% Cabernet and make: for a marvelous wine for rich winter feasts. Its focused aromas of blackberry, clove, and dried rose are followed by mocha, black cassis, and black tea. Layered and dense, the palate of Hidden Ridge's Impassable Mountain Reserve seduces with hints of baking spice and black fruit. One sip and you'll understand why Robert Parker awarded it a perfect 100 points. This is an incredible wine tor gifting that picky wine lover on your list ($399.95). www.hiddenridgevineyard.com

ADVISOR WINE INDUSTRY NETWORK

By Editor October 31, 2017

New winery along the Napa and Sonoma border evolved from Hidden Ridge Vineyard,

known for its 100-point rated Cabernet

SAN FRANCISCO- October 31, 2017 -

Immortal Estate, Northern California's

newest winery located on the mountainous

border of Napa and Sonoma, has

announced that it will launch its first wines

in 2018. The vineyard is an organic

evolution of Hidden Ridge Vineyard , a

winery that has produced wines that have

earned a rare 100-point rating from

internationally influential wine critic Robert

Parker.

Immortal Estate's distinctive terroir from its

location stretching across fifty planted acres, of the estate's total 150 acres, of land in the

Mayacamas Mountains enables it to produce true mountain fruits, creating wines

consistently scored 97 or over by Parker. West of St. Helena, the vineyard spans the slope

of the mountainside, providing unique soil and light conditions for the fruits. Wines

produced here are rich, dark, and full-bodied, with a range of palette notes including

cassis, dense cocoa, sweet spice, and truffles.

"These mountain fruit are incredibly delicate," Said Tim Martin, Owner of Immortal Estate.

"The wines produced here are unlike anything else you can find; it really speaks to just

how special this location is."

Through its transition to Immortal Estate, the vineyard's aim is to bring the already-high

standard to another level, producing some of the highest quality wines from the region.

Originally developed by Lynn Hofacker and Timothy Milos in 1990, Hidden Ridge earned

accolades for producing unparalleled Cabernets, owing this to Hofacker's

accomplishments in developing the vineyards on such extreme slopes. Martin, who rose to

prominence in Wine Country after cofounding Tusk Estate, believes this transition is just

the beginning of the next chapter of the vineyard's history.

"Immortal Estate's mission is to create truly immortal wines," said Martin. "Like the

immortal jellyfish on our labels, we want clients' memories with Immortal Estate's wines to

live forever. We believe the way to do that is to deliver a truly luxurious wine experience

through incomparable wines."

Immortal Estate will be continuing the legacy of Hidden Ridge, producing the 100-point

rated "Impassable Mountain Reserve" as well as the "Slope" Cabernet Sauvignons under

its own label. The wines will be available for $250 and $97, respectively, per bottle, set to

be released in early 2018.

Robert Parker said of the 2013 Impassable Mountain: "This wine is nearly Immortal,

drinking well young, and for those with the patience and wisdom to wait 25-35 years, a

legacy wine from Sonoma."

ABOUT IMMORTAL ESTATE:

Immortal Estate is an organic evolution from the acclaimed Hidden Ridge Vineyard on the

Sonoma side of Spring Mountain in the Mayacamas Mountains. Under new management,

the property was originally developed by the Lynn Hofacker, initially purchasing the land in

1990 and developing the vineyards over many years. Hofacker was very accomplished in

developing vineyards on the extreme slopes of this mountain property but did not dedicate

a similar effort to establishing the brand and marketing the wine.

Wine produced from this vineyard has consistently been rated 90+ by industry aficionados

Wine Spectator, Wine Enthusiast and Wine Advocate (Robert Parker). In 2014, Wine

Spectator rated the 2009 "55% Slope" #32 of the Top 100 Wines of the year. The 2013

Impassable Mountain achieved a perfect score of 100 points from Robert Parker.

2013 Hidden Ridge Vineyard Cabernet Sauvignon Impassable

Mountain Reserve

Rating

100

Reviewed by

Robert M. Parker, Jr.

Release Price

$125

Issue Date

3rd Mar 2016

Drink Date

2016 - 2051

Source

223, The Wine Advocate

The 2013 Cabernet Sauvignon Impassable Mountain Reserve sounds relatively

intimidating, but if you want a quintessential example of what perfection is in

my business, taste this wine! Absolutely remarkable in every sense - the

incredible pure aromatics of blue, red and black fruits, the minerality, the

volcanic, earthy sweetness that emerges in a subtle fashion, the full-bodied

opulence, the staggering finish of more than a minute, and its unreal

concentration certainly make this one of the most compelling and profound

Cabernet Sauvignons I have ever tasted, and the first perfect wine of 2016.

This should be nearly immortal, drinking well young, and for those with the

patience and wisdom to wait 25-35 years, a legacy wine from Sonoma.

Producer: Hidden Ridge Vineyard

From: USA , California , North Coa

Sonoma County

Color: Red

Type: Table

Sweetness: Dry

Type: Table

Variety: Cabernet Sauvignon

2013 Hidden Ridge Vineyard Cabernet Sauvignon 55°/o Slope

Rating Release Price Drink Date

97+ $55 2016 - 2041

Reviewed by Issue Date Source

Robert M. Parker, Jr. 3rd Mar 2016 223, The Wine Advocate

The 2013 Cabernet Sauvignon 55% Slope comes from the Sonoma side of the

Mayacamas Mountains. It is 100 % Cabernet Sauvignon from a vineyard

planted at 1,700 feet. This is a remarkable wine and reminiscent of the great

classics from the golden era of the Mayacamas on the Napa side (such as the

1968, 1970, 1973 and 1974) come to mind when tasting this beauty. It is simply

loaded. Dense purple in color, the wine has notes of licorice, creme de cassis,

Asian plum sauce, cedar wood and earth. Full-bodied, opulent and irresistible

already, it is capable (because of the impeccable balance and purity) of aging

20-25 or more years. This is a modern-day classic that could compete with very

finest Cabernet-based wines in the world.

Producer: Hidden Ridge Vineyard

From: USA, California , North Coa

Sonoma County

Color: Red

Type: Table

Sweetness: Dry

Type: Table

Variety: Cabernet Sauvignon

1937 1787. l

MARTIN EXHIBIT A-3

• Vineyard - Immorta l Estate x +

c i https://www.immortalest ate.co m/vineyard

1. I

0 Vineyard - Immortal Estate x +

" Vineyard - Immortal Estate x +

8 Vineyard - Immortal Estate x +

MARTIN EXHIBIT B

DECLARATION OF MATTHEW D. FRANCIS

I, Matthew D. Francis, do hereby declare as follows:

1. I am a shareholder at the law firm of Brownstein Hyatt Farber Schreck,

LLP located at 5371 Kietzke Lane, Reno, Nevada 89511. I am also an appointed attorney

of record for Applicant Hidden Ridge Vineyard, LLC. I have personal knowledge of the

facts which are hereinafter related and make this Declaration on the basis of such

personal knowledge. If called to testify at any hearing or trial regarding the above

matter, I swear I could testify competently to the matters stated herein.

2. Attached hereto as Exhibit A is a true and correct copy of the Internet page

located at http://discovermagazine.com/2017/dec/the-immortal-jellyfish.

3. Attached hereto as Exhibit Bis a true and correct copy of the Internet page

located at www.peirano.com/peirano-estate-wine-store.html ?bpid= 1 87.

4. Attached hereto as Exhibit C is a true and correct copy of the Internet page

located at https://www.totalwine.com/wine/red-wine/c/000009.

5. Attached hereto as Exhibit Dis a true and correct copy of the Internet page

located at http://www.peirano.com/peirano-estate-wine-store.html.

6. Attached hereto as Exhibit Eis a true and correct copy of the Internet page

located at https://www.totalwine.com/search/all?text=immortal%20zin.

7. Attached hereto as Exhibit Fis a true and correct copy of U.S. Certificate

of Registration for 8 IMMORTALS (Reg. No. 4456107).

8. Attached hereto as Exhibit G is a true and correct copy of U.S. Certificate

of Registration for IMMORTAL HERO (Reg. No. 5297616).

9. Attached hereto as Exhibit His a true and correct copy of U.S. Trademark

Application for MONARCH IMMORTAL (Ser. No. 79247817).

19336814

10. Attached hereto as Exhibit I is a true and correct copy of U.S. Certificate

of Registration for IMMORTAL SPIRITS & DISTILLING COMPANY & Design (Reg. No.

4339085).

11. Attached hereto as Exhibit J is a true and correct copy of U.S. Certificate

of Registration for IMMORTAL IPA (Reg. No. 420 1322).

12. Attached hereto as Exhibit K is a true and correct copy of the file history

for U.S. Certificate of Registration for 8 IMMORTALS (Reg. No. 4456107).

13. Attached hereto as Exhibit Lis a true and correct copy of the file history

for U.S. Certificate of Registration for IMMORTAL HERO (Reg. No. 5297616).

14. Attached hereto as Exhibit Mis a true and correct copy of the file history

for U.S. Trademark Application for MONARCH IMMORTAL (Ser. No. 79247817).

15. Attached hereto as Exhibit N is a true and correct copy of the file history

for U.S. Certificate of Registration for IMMORTAL SPIRITS & DISTILLING COMPANY

& Design (Reg. No. 4339085).

16. Attached hereto as Exhibit 0 is a true and correct copy of the file history

for U.S. Certificate of Registration for IMMORTAL IPA (Reg. No. 4201322).

17. Attached hereto as Exhibit Pis a true and correct copy of the Combined

Declaration of Use and Incontestability under Sections 8 & 15 for Registrant's Reg. No.

4205173 filed on December 4, 2017.

18. Attached hereto as Exhibit Q is a true and correct copy of the Internet page

located at https://www.wine

searcher.com/find/picc+oplenac+monarch+immortal+cab+sauv+serbia.

19. A true and correct copy of the United States government' s Alcohol and

Tobacco Tax and Trade Bureau's "What You Should Know About Grape Wine Labels"

is attached hereto as Exhibit R.

2

19336814

20. Attached collectively hereto as Exhibit S are true and correct photographs

taken on June 12, 2019 at the Total Wine store located at 667 1 S Virginia St, Reno,

Nevada 89511.

21. Attached hereto as Exhibit T is a true and correct copy of the website

http://www.peirano.com/ .

The undersigned, being warned that willful false statements and the like are

punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such

willful false statements and the like may jeopardize the validity of the application or

document or any registration resulting therefrom, declares that all statements made of his

own knowledge are true; and all statements made on information and belief are believed

to be true.

Dated: June 13, 2019

1933681 4

Matthew D. Francis Attorney of Record for Applicant Hidden Ridge Vineyard, LLC

3

FRANCIS EXHIBIT A

6/3/2019 The Immortal Jellyfish I DiscoverMagazine.com Exhibit A

FROM T HE DECEMBER 2017 ISSUE

The Immortal Jellyfish Society has long misunderstood these spineless swimmers. Now they could unlock the keys to regeneration. By Juli Berwald I Friday, November 10, 2017

RELATED TAGS: A NIMALS, AGING

The tiny Turritopsis would barely cover a fingernail.

A. E. Migotto/ CEBIMar-USP

Hiroshima's downtown is a garden of modern architecture interspersed with swaths oflovely green parks. In the center is a single structure, in ruins, capped by a skeleton of curved iron. This is the Atomic Bomb Dome, located at the destruction's epicenter, the sole building that managed to remain standing amid the massive force that flattened everything else for miles in all directions. It is an astonishing memorial to both our capacity for horrifying devastation and our awesome resilience. The dome sits along the side of one of six tidal streams that flow through Hiroshima.

In the murky, green water, thousands - maybe hundreds of thousands - of pale pink disks, a flood of jellyfish parade by as I observe. Juxtaposed with the dome, the endless stream of jellyfish seems to square off nature's power against our own, a battle as old as civilization that continues to play out in the decisions we make today. The milky creatures pulse slowly, slower than my heartbeat, which drops as I watch. The movements of their bells trailing gossamer tentacles are like millions of eyelashes blinking open and closed and open again, giving me a feeling that these alien animals could peer deep into the soul of the sea. I find it impossible to fathom the source of this endless river of life. The jellies continue to flow by for as long as I stand there.

Monster , Goddess

The technical name for the stage of a jellyfish 's life when it swims freely in the seas is medusa, a moniker shared with the ancient Greek mythological monster. Medusa is famous for her horrible face, which turned men to stone, and her wild locks of hissing snakes. It's not hard to see similarities.

But dig deeper into the story of Medusa, and what you find is not at all a monster, but a victim whose story has been misunderstood. Medusa was born to two ancient marine deities and, according to Ovid, was stunningly gorgeous. She served the goddess Athena in her temple. Some say Medusa was a temptress and lured Poseidon in. Others say Poseidon couldn't control himself. As in too many cases, it depends who's telling the story. Since I am: He raped her, right there in Athena's temple.

Because it was ancient Greece, Medusa had little recourse. Athena went into a rage that her temple had been defiled, turned Medusa into a hideous monster, and kicked her out. Medusa - who deserved at least a shoulder to cty on, if not justice in a court - instead banished herself to a remote island, frightened and deformed. Imagine her disgust, shock and horror to find that she was also pregnant with her assailant's offspring. To complete the tragedy, the man always regarded as a hero, Perseus, arrived. Using the tricks of the gods - an

discovermagazine.com/2017/dec/the-immortal-jellyfish 1/5

6/3/2019

Adult, free-swimming jellyfish are called medusa. Like their mythical namesake, they're monstrous, yet breathtakingly beautiful.

Timur Kulgarin/Shutterstock

The Immortal Jellyfish I DiscoverMagazine.com Exhibit A

invisibility cloak, winged sandals, and a mirrored shield - he snuck up on Medusa. She never had a chance. He mmdered her.

Like their mythical namesake, jellyfish are also awash in misunderstanding. They have no centralized brain, but they see and feel and react to their environment in complex ways. Their body form looks simple, yet their swimming ability is the most economical in the animal kingdom. We know them in their swimming medusa form, but they live as

much or more of their lives as a mysterious tiny tube called a polyp, planted on the underside of a rock.

They wash ashore in hordes, and they dominate the deepest depths of om planet, supporting entire ecosystems. And still, scientists cannot predict where and when to find

them. To some, jellyfish symbolize the monster - not only in their potentially lethal sting, but also in a more global sense, as a symptom of ecosystem demise. At the same

time, jellyfish are utterly, breathtakingly beautiful.

Perhaps the extraordinaiy creativity of this balance, this smprising ability to exist in the

space between monster and goddess, is why jellyfish resonate so deeply within all of us. Perhaps the stoty of jellyfish is really about om own possibilities.

Aging Reversed

The stoty of the immortal jellyfish starts in 1988. A marine biology student had collected a minuscule bell-shaped medusa with a smattering of thin tentacles and a pinkish chandelier of gonads from shallow water near Genoa on Italy's northwest coast. One Friday, he left the medusa in a bowl of seawater, forgetting to put it back in the refrigerator for the weekend. When he returned Monday, the medusa was missing. But it

hadn 't completely disappeared. The bowl held a polyp.

That was odd. Jellyfish are known to cycle through life in order: A fertilized egg grows into a funy Tic Tac-shaped larva, which metamorphoses into a polyp, which buds into swimming medusas, which produce eggs or sperm and then die (See "TwTitopsis Life Cycle" below). But there hadn't been enough time for the medusa in the bowl of seawater to spmvn, grow into a larva, and end up a polyp over the weekend. Those transformations take weeks. In order for a polyp to end up in the bowl of seawater, the jellyfish must have reverse-aged, like Benjamin Button, morphing backward through its life cycle from medusa to polyp.

TURRITOPSIS LIFE CYCLE

REGULAR LIFE CYCLE

POLYP

LARVA

DYING MEDUSA

UNOIFFERIENTIATED CYST

~M~.M.P.&l.ftW"HA. "ASiltnllrw.at.iol\.Biollrwuiont,2009

Ordinarily, jellyfish are born from eggs and grow into larvae, which morph into polyps before becoming free-swimming medusa. Turr itopsis isn't bound by that life cycle. If you skewer a medusa, it can turn back into a polyp.

Alison Mackey/ Discover and Jay Smith

discovermagazine.com/2017/dec/the-immortal-jellyfish 215


It has been known for centuries that jellyfish don't always color inside the lines when it comes to their life cycles. Some species skip the polyp stage, going straight from larvae, called planula, to medusa. Many skip the medusa stage, remaining a polyp through old age. Polyps can bud from other polyps. Medusas can bud from the underbellies of other medusas. Despite all the plasticity in the jellyfish life cycle, scientists h ad believed that there was a limit, that once a medusa reached reproductive age, those sorts of unusual transformations would be impossible. Once an animal became mature enough to produce eggs or sperm, it was thought, the only option was to spawn and die - that is, until the jellyfish left sitting on the counter for the weekend rejuvenated itself.

Unbaking a Pre tze l

Stefano Piraino of the University of Salen to in Italy discovered a colony of this same immortal jellyfish, called Turritopsis, near his lab in Lecce - and as with Ponce de Leon's Fountain of Youth, its exact location remains a bit of a mystery to the general public. But Piraino knows where it is, and it has allowed him to very carefully study the life cycle of the animal. In the lab, Piraino and his collaborators watched the jellyfish morph from polyp to medusa and back to polyp and back to medusa and back to polyp, without ever going through the spawn-and-die part of their lives.

"This process would be hardly more remarkable if a butterfly were able to revert to its caterpillar stage. It must be considered a true metamorphosis, but in the opposite direction to larval metamorphosis," they wrote.

For all intents and purposes, these jellyfish were immortal.

Still, Piraino said he always cautions people that TwTitopsis can be killed and do die, by infection or predation, among other possibilities. "If they were truly immortal, the ocean would be completely full of TwTitopsis, and we don't see that," he says. But at least theoretically, jellyfish can morph forward and backward through their life cycle forever. One scientist in Japan has kept the same turritopsis in culture in his lab for dozens of years.

Recently, we learned that this proclivity for agelessness might not be constrained to just one species of small jellyfish.

Turritopsis is a truly tiny species. Most medusa, shown here, are eaten in the wild, rendering their "immortality" worthless.

Jellyfish larvae typ ically morph into anchored polyps, shown here, before they mature into free·swimming medusa. But some j ellies skip life stages, or just stay a polyp forever.

Stefano Piraino

In 2016, a Chinese graduate student, Jinru He, neglected the medusa of another species, the moon jellyfish. After a couple of days, the medusa sank to the floor of the tank and stopped moving. The animal broke in to pieces, and any normal person would have considered it dead and washed it down the drain. But not this scientist; he kept watching. After a couple of months, the detritus of the medusa began to reconstitute itselflike a phoenix rising from its ashes. Tentacles emerged. A mouth formed. Eventually, perfectly healthy polyps sprang to life from the medusa carcass. Rather than simply die, the j ellyfish had seemingly reversed its life cycle, going from the degraded medusa backward to the polyp stage.

Like animals, individual cells proceed through a life cycle. All types of cells are born as generic stem cells, like a lump of dough with a lot of potential. Specific genes turn on and off inside each stem cell, changing it into a muscle cell, a skin cell, or a nerve cell in the same way a baker molds the dough into a pizza crust, a loaf of b read or a pretzel. You can't turn a pretzel into a pizza any longer. Likewise, a muscle cell can't morph into a nerve cell.

Tapping Into Immortality

Ian Gavan/Getty Images Piraino wanted to understand what happens to the cells inside the jellyfish 's body when it goes through its reverse aging. Was there a limit to the life of a cell for TwTitopsis? Are Tun"itopsis cells ever fully

baked? The answer - incredibly - seems to be no.



Normally, the genetic switches that control the transformation of an embryo into a larva or a larva into a polyp are switched on in an order that is irreversible, "but Tun'itopsis cells can hit the rewind button," Piraino ei-.'})lained.

VVhen the TwTitopsis medusa rejuvenates, muscle cells, for example, turn certain genes on or off, essentially unbaking the cells and reverting them to doughlike stem cells. Then those stem cells re-form into new and different cells in the polyp.

The idea that fully cooked cells can become stem cells again has enormous and tantalizing possibilities for medical research. If we could hit the rewind button in our cells, we could open the door to all kinds of treatments for diseases in which cells have gone aw1y, ailments like Parkinson's disease and cancer. "Cancer is cell proliferation without rules," Piraino said. "It is uncontrolled growth. There is no plan for what to do with the new cells ." But in TwTitopsis, the reprogramming of one cell into another kind of cell "is part of a controlled pathway." We just need to learn what those controls are.

Maria Pia Miglietta of Texas A&M University's marine lab is one of Piraino's collaborators on TwTitopsis. In 2009, she discovered that the TwTitopsis living off Japan, Panama, Florida, Spain and Italy were all nearly identical genetically and classified them as the same species. So while the oceans are not filled with the immortal jellyfish , she confirmed that they have spread worldwide.

Turritopsis can act like a shape-shifter. Their stem cells can develop into specialized cells, then move back to a simpler state.

Stefano Piraino Miglietta found that the conduit for the spread was us, through ships' ballast water. Unlike some other species, the immortal jellyfish pose little threat to the ecosystem because it is so small - or to us, because its sting isn't painful. However, the ability to flip back and forth between a medusa and a polyp probably allowed it to withstand the stressful conditions in a boat's hull and likely helped the jellyfish achieve its global range.

Cell Instructions

Miglietta's work on TwTitopsis genes was still in progress when I met with her in Texas, but the plan she's following originated with two

Japanese biologists, Shinya Yamanaka and his student Kazutoshi Takahashi. In the early 2000s, they injected mouse skin cells with between four and seven pieces of protein called transcription factors . Transcription factors attach to DNA and control which genes are flipped on. The Japanese scientists discovered that the presence of just those few proteins had the power to transform skin cells backward - to the lump-of-dough stem-cell stage. And from those stem cells, scientists were able to grow nerve cells, blood cells and heart muscle cells. For this rule-shattering work, Yamanaka received the Nobel Prize in 2012.

Scientists are finding Turritopsis isn't alone in its ability to jump life stages when hurt. Moon jellies, shown here, can, too.

Paul R. Sterry/Nature Photographers Ltd./Alamy stock photo



One major roadblock, Miglietta told me, is that most of the work on transcription factors has been done on cells grown in a culture dish. In the real world, animal cells exist in the ecosystem of bodies. They are in constant conversation with nearby cells, exchanging molecular bits of information that tell the cell how to function, much the same way the information that comes in through our eyes, ears, nose, mouth and skin tells us how to function.

"To really understand how one cell becomes totipotent [a stem cell] and then becomes something else, you need to know how it integrates in an organism," Miglietta said. Yamanaka and a collaborator pointed out that same problem in a recent paper. They said if we really want to understand the fates of cells, we'd be wise to study an organism that already has a mechanism for creating stem cells from mature cells: Tul'l'itopsis.

So that's what Miglietta and Piraino are doing. They have collected medusas and polyps of Turritopsis and are looking at which genes are active in de-aging, paying particular attention to the pieces of protein Yamanaka identified that have the power to turn mature mouse skin cells back into stem cells. Miglietta listed the questions they hope to answer.

"We want to understand the role of the [Yamanaka] genes in TwTitopsis," she said. "Are they there? Are they not? And if there are only two or three genes, what is the role of each of these factors? And can we use TwTitopsis as a model system to understand the behavior of the genes? That's where we are going."

But until the data are cmnched and the experiments are replicated, the secret to immortality remains the mystery it has always been.


FRANCIS EXHIBIT B

6/3/2019 The Online Wine Store at Peirano Estate Winery & Vineyards Exhibit B

Peirano Estate Vineyards

HOME VISIT US HISTORY VINEYARDS W INES FAMILY PRICING EVENTS MEDIA & TRADE CON TACT

PEIRANO ESTATE VINEYARDS WINES • 2014 "The Immortal Zin" old vineZintandel, $16

2014 "The Immortal Zin" Old Vine Zinfandel, $16 ~:~n:dtocart I

$16

Peirano Estate Vineyards 2013 "The Immortal Zin" Old Vine Zinfandel Estate Grown, Lodi

Vineyard Notes:

2013 was a year that started off with a very dry spring, producing early water deficit stress on the vines and was followed by one of

the most mild and cool summer months in Lodi in decades. In fact,

June, July and August were cooler than September, October and November. Because of this, we had exceptionally long hang time for the fruit, giving it the chance to develop layers of flavors. Combine that with the low yield of our 120-year-old Zinfandel

vines, and you can see why we were so excited by the intensity of

the fruit. Plus, with 75 acres of what is the largest single block of head trained, natural rooted Zinfandel in the country, we had the opportunity to truly hand select the "cream" of the crop, making

several passes through the block during the optimal ripeness

window in late October of 2013. This ensured the fruit going in

remained true to form for our flagship wine.

Winemaker Notes:

After hand-picking into half ton bins for the most delicate

transporting of the fruit, the grapes were lightly crushed into the

tank for fermentation. Fermented on the skins to dryness, it was

then pressed and placed in French and American oak barrels, of which 15% was new wood. Aging in this way, it was important to

maintain and uplift all of the fruit components while using the oak

to support each flavor to its fullest. After bottling, it was allowed further aging time to micro-mingle its flavors so each bottle is a

full expression of the monarch of Lodi wines - 'The Immortal' Old

Vine Zinfandel.

www.peirano.com/peirano-estate-wine-store.html?bpid=187 1/2

6/3/2019 The Online Wine Store at Peirano Estate Winery & Vineyards

Tasting Notes:

The color of this wine is truly Immortal. Its rich dark color goes on and on and on. The deceptively

subtle aromas of this wine combine red current, raspberries, red cherries, with earthy cedar marrying

together to put your olfactory senses into a new dimension. In the mouth, the palate is wrapped in a

mysterious, velvety layered mix of raspberry cordial, sweet mouth filling red fruit, blackberry and red

current, leading to a lengthy rich mouth filling almost breathless finish. This is a wine for great food,

friends and conversation, or an intimate meal for two by a flickering fire. Whichever your pleasure, our "Immortal" Old Vine Zinfandel will make it memorable.

www.peirano.com/peirano-estate-wine-store.html?bpid=187

Exhibit B

212

FRANCIS EXHIBIT C

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FRANCIS EXHIBIT F

8 Immortals Reg. No. 4,456,107 REAL, JOSELITO G. (UNITED STATES INDIVIDUAL)

2109 SANDER ST Registered Dec. 24, 2013 wooDLAND, CA 95776

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FIRST USE 12-12-2011; IN COMMERCE 12-12-2011.

NO CLAIM IS MADE TO TI-IE EXCLUSIVE RIGHT TO USE "SPIRITS & DISTILLING COMPANY",APART FROM THE MARK AS SHOWN.

THE MARK CONSISTS OF THE WORDS "IMMORTAL SPIRITS & DISTILLING COMPANY" ABOVE AN IMAGE OF THE OUTLINE OF A RA VEN IN FLIGHT.

SN 85-050,798, FILED 5-28-2010 .

SHAUNTA CARLYLE, EXAMINING ATTORNEY

FRANCIS EXHIBIT l

Immortal IP A Reg. No. 4,201,322


Int. Cl.: 32

TRADEMARK

PRINCIPAL REGISTER

Director (Jfthe United Smtes !-'atc:nt and Trndem:irk Office

ELYSIAN BREWING COMPANY, INC (WASHINGTON CORPORATION) 122 1 EPIKESTRRET SEATTLE, WA 98 122

FOR: BEER, IN CLASS 32 (U.S CLS. 45, 46 AND 48).

FIRST USE 5-10-1996; IN COMMERCE 5-1 0- 1996.

THE MA RK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR.

NO CLAIM JS MADE TO THE EXCLUSIVE RJGHT TO USE "lPA", APART FROM THE MARK AS SHOWN.

SER NO. 85-474,638, FILED 11- 16-20 11.

TAMARA FRAZIER, EXAMINI NG AITORNEY

FRANCIS EXHIBIT K

Generated on: This page was generated by TSDR on 2019-06-13 12:24:55 EDT

Mark: 8 IMMORTALS

US Serial Number:

US Registration Number:

Filed as TEAS Plus:

Register:

Mark Type:

85705858

4456107

Yes

Principal

Trademark

Application Filing Aug. 16, 2012 Date:

Registration Date: Dec. 24, 2013

Currently TEAS Yes Plus:

8 Immortals

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Dec. 24, 2013

Publication Date: Jan. 22, 2013 Notice of Mar. 19, 2013 Allowance Date:

Mark Literal 8 IMMORTALS Elements:

Mark Information

Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color.

Note:

Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type:

Goods and Services

The following symbols indicate that the registranVowner has amended the goods/services: • Brackets [ .. ) indicate deleted goods/services; • Double parenthesis (( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks • .: identify additional (new) word ing in the goods/services.

For: Aperitif wines; Aperitifs with a wine base; Cooking wine; Fortified wines; Fruit wine; Grape wine; Honey wine; Kits for making wine; Korean traditional rice wine; Natural sparkling wines; Port wines; Prepared wine cocktails; Red wine; Red wines; Rose wine; Sparkling fruit wine; Sparkling grape wine; Sparkling wines; Still wines; Strawberry wine; Sweet wines; Table wines; Tonic sweet grape wine containing extracts from ginseng and conchona bark (ninjin-kinatetsu wine); White wine; Wine; Wine coolers; Wine punch; Wine punches; Wine-based beverage, namely, piquette; Wine-based drinks; Wines; Wines and fortified wines; Wines and liqueurs; Wines and sparkling wines

International 033 - Primary Class Class(es):

Class Status: ACTIVE

Basis: 1(a)

First Use: Aug. 07, 2012

Filed Use: No

Filed ITU: Yes

Filed 44D: No

Filed 44E: No

Filed 66A: No

Filed No Basis: No

U.S Class(es): 047, 049

Use in Commerce: Dec. 31 , 2012

Basis Information (Case Level)

Currently Use: Yes

Currently ITU: No

Currently 44D: No

Currently 44E: No

Currently 66A: No

Currently No Basis: No

Current Owner(s) Information

Amended Use: No

Amended ITU: No

Amended 44D: No

Amended 44E: No

Owner Name: Real, Joselito G.

Owner Address: 2109 Sander St Woodland, CALIFORNIA 95776 UNITED STATES

Legal Entity Type: INDIVIDUAL Citizenship: UNITED STATES

Attorney/Correspondence Information

Attorney of Record - None

Correspondent

Correspondent REAL, JOSELITO G. Name/Address: 2109 SANDER ST

Date

Dec.24,2018

Dec.24,2013

Nov. 21 , 2013

Nov. 20, 2013

Nov. 20, 2013

Oct.31,2013

Oct. 25, 2013

Oct. 24, 2013

Sep. 18, 2013

Oct. 24, 2013

Sep. 18, 2013

Oct. 23, 2013

Sep. 18, 2013

Sep. 18, 2013

Mar. 19, 201 3

Jan.22, 2013

Jan.22, 2013

Jan .02,2013

Dec. 13, 2012

Dec. 12, 2012

Aug.25,2012

Aug.24,2012

Aug.20,2012

WOODLAND, CALIFORNIA 95776-5389 UNITED STATES

Phone: 530-219-7379 Fax: 916-638-9326

Domestic Representative - Not Found

Prosecution History

Description

COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED

REGISTERED-PRINCIPAL REGISTER

NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED

LAW OFFICE REGISTRATION REVIEW COMPLETED

ASSIGNED TO LIE

ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED

NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

STATEMENT OF USE PROCESSING COMPLETE

USE AMENDMENT FILED

EXTENSION 1 GRANTED

EXTENSION 1 FILED

CASE ASSIGNED TO INTENT TO USE PARALEGAL

TEAS EXTENSION RECEIVED

TEAS STATEMENT OF USE RECEIVED

NOA E-MAILED - SOU REQUIRED FROM APPLICANT

OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

PUBLISHED FOR OPPOSITION

NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

APPROVED FOR PUB - PRINCIPAL REGISTER

ASSIGNED TO EXAMINER

NOTICE OF PSEUDO MARK MAILED

NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

NEW APPLICATION ENTERED IN TRAM

TM Staff and Location Information

TM Staff Information - None

File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Nov. 20, 2013

Proceeding Number

77312

77312

66230

66230

66230

66230

66230

78450

From:

Sent: To:

[email protected]

Monday, December 24, 2018 01 :09 AM [email protected] ; [email protected]

Cc: [email protected] ; [email protected] ; [email protected] Subject: Official USPTO Courtesy Reminder of Required Trademark Registration Maintenance Filing Under Section 8: U.S. Trademark RN 4456107: 8

IMMORTALS

U.S. Seria l Number: 85705858 U.S. Registration Number: 4456107 U.S. Registration Date: Dec 24, 2013 Mark: 8 IMMORTALS Owner: Real , Joselito G.

Dec 24, 2018

U.S. PATENT AND TRADEMARK OFFICE ("USPTO") COURTESY REMINDER OF REQUIRED TRADEMARK REGISTRATION MAINTENANCE FILING UNDER SECTION 8

WARNING: Your trademark registration will be CANCELLED if you do not file the required document below during the specified statutory time period.

The above-identified registration registered on Dec 24, 2013. Therefore, the owner of the registration must file a Declaration of Use and/or Excusable Nonuse under §8 of the Trademark Act anytime between now and Dec 24, 2019. For an additional fee, the owner may file the declaration within the six-month grace period that ends on Jun 24, 2020. See 15 U.S.C. §1058. The current fee for filing a declaration under §8 is $125 per class if the filing is made via the Trademark Electron ic Application System ("TEAS") and $225 if the fi ling is made on paper, and the additional fee for filing during the six-month grace period is $100 per class if the filing is made via TEAS and $200 if the filing is made on paper. 37 C.F.R. §2.6.

If the registration meets the requirements of §15 of the Trademark Act, the owner may additionally file an optional Declaration of Incontestability under §15. See 15 U.S.C. §1065. The current fee for fi ling a declaration under §15 is $200 per class if the fil ing is made via TEAS and $300 per class if the fi ling is made on paper. 37 C.F.R. §2.6.

To expedite processing, the owner is encouraged to file through the USPTO's official website using TEAS. Official forms for filing Declarations of Use and/or Excusable Nonuse under §8 and Combined Declarations of Use and Incontestability under §§8 and 15 are available through TEAS at https://www.uspto.gov/trademarks-application-process/filingonline/registration-maintenancerenewalcorrection-forms.

For information regarding how to record ownership documents such as assignments, name changes and mergers, please see TMEP §503. To expedite recordation, the owner is encouraged to file requests for recordation through the Electronic Trademark Assignment System ("ETAS") at https://etas.uspto.gov.

For further information regarding the maintenance of a trademark registration, including future maintenance filings, please consult the US PTO website at https://www.uspto.gov/learning-and-resources/trademark-fags.

This reminder notice is being sent only as a courtesy to those trademark owners who have authorized e-mail communication and mainta in a current e-mail address with the US PTO. Failure by the USPTO to send a reminder or non-receipt of a reminder does not excuse a trademark owner from meeting the statutory obligations for maintaining a trademark registration. If a registration is cancelled and/or expired due to the failure to timely file reguired maintenance documents it cannot be reinstated or revived.

Correspondence transmitted through TEAS is considered to have been fi led on the date the USPTO receives the transmission, in Eastern Time, regardless of whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia. 37 C.F.R. §2.195(a)(2).

To check the status of this registration, go to https://tsdr.uspto.gov/#caseNumber=85705858&caseSearchType=US APPLICATION&caseType=DEFAUL T&searchType=statusSearch or contact the Trademark Assistance Center at 1-800-786-9199.

In order to be eligible for future e-mail reminders of maintenance filings, please remember to authorize e-mail communication when filing your maintenance documents through TEAS.

8 Immortals Reg. No. 4,456,107 REAL, JOSELITO G. (UNITED STATES INDIVIDUAL)

2109 SANDER ST Registered Dec. 24, 2013 wooDLAND, CA 95776

Int. Cl.: 33

TRADEMARK

PRINCIPAL REGISTER

Commissioner for Tmdemarks of the United Stales Patent and Trademark Office

FOR: APERJTIF WINES; APERJTIFS WJTI-1 A WINE BASE; COOKING WINE; FORTIFIED WINES; FRUIT WINE; GRAPE WINE; HONEY WINE; KITS FOR MAKING WINE; KOREAN TRADITIONAL RICE WINE; NATURAL SPARKLING WINES; PORT WINES; PREPARED WINE COCKTAILS; RED WINE; RED WINES; ROSE WINE; SPARKLING FRUIT WINE; SPARKLING GRAPE WINE; SPARKLING WINES; STILL WINES; STRAWBERRY WINE; SWEET WINES; TABLE WINES; TONIC SWEET GRAPE WINE CONTAINING EXTRACTS FROM GINSENG AND CONCHONA BARK (NINnN-KINATETSU WINE); WHITE WINE; WINE; WINE COOLERS; WINE PUNCH; WINE PUNCHES; WINE-BASED BEVERAGE, NAMELY, PIQUETTE; WINE-BASED DRJNKS; WINES; WINES AND FORTIFIED WINES; WINES AND LIQUEURS; WINES AND SPARKLING WINES, IN CLASS 33 (U.S CLS. 47 AND49).

FIRST USE 8-7-20 12; IN COMMERCE 12-3 I-2012.

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR.

SN 85-705,858, F ILED 8-16-2012.

LINDA ORNDORFF, EXAMINING ATTORNEY

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years* What and When to File:

First Filing Deadline: You must file a Declaration ofUse (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. §§1058, l 14 lk. lfthe declaration is accepted, the registration will continue in force for the remainder of the ten-year period, calculated from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.

Second Filing Dentlfine: You must fi le a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and I 0th years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods* What and When to File:

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between every 9th and J 0th-year period, calculated from the registration date. *

Grace Period Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee.

The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or reminder of these filing requirements.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registrat ion with an extension of protection to the United States under the Madrid Protocol must timely file tl1e Declarations of Use (or Excusable Nonuse) referenced above directly with tl1e USPTO. The time periods for filing are based on the U.S. registration date (not the intematioual registration date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U.S.C. §§ I 058, 11 4 1 k. However, owners of international registrations do not file renewal applications at the USPTO. Instead, tl1e holder must file a renewal of the underlying international registration at tl1e International Bureau of the World Intellectual Property Organization, under Anicle 7 of tl1e Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the date of the international registration. See 15 U .S.C. § 114 lj. For more inforn1ation and renewal forms for the international registration, see http://www.wipo.int/madrid/en/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for fu rthcr information. With the exception of renewal applications for registered extensions of protection, you can file the registration maintenance documents referenced above online at http://www.uspto.gov.

Page: 2 / RN # 4,456,107

From:

Sent: To: Cc: Subject:

[email protected]

Thursday, November 21 , 201300:11 AM [email protected] [email protected] ; [email protected] , [email protected] Trademark Serial Number 85705858 : Official US PTO Notice of Acceptance of Statement of Use

NOTICE OF ACCEPTANCE OF STATEMENT OF USE

Serial Number: 85705858 Mark: 8 IMMORTALS(STANDARD CHARACTER MARK) Owner: Real, Joselito G. Docket/Reference Number:

The USPTO has accepted the Statement of Use fi led for the trademark application identified above. The mark will now register and the registration certificate will issue in due course barring any extraordinary circumstances.

For further information, including information on filing and maintenance requirements for U .S. trademark applications and registrations and required fees, please consult the USPTO website at http://www.uspto.gov/ or call the Trademark Assistance Center at 1-800-786-9199.

To check the status of an application, go to http://tarr.uspto.gov/.

To view this notice and other documents for this application on-line, go to http://tdr.uspto.gov/search.action?sn=85705858. NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

I SERIAL NUMBER

I REG NUMBER

I REGISTER

I 1NTL REG#

TM ATTORNEY

RUN DATE

PUB DATE

I STATUS

I STATUS DATE

I LITERAL MARK ELEMENT

I DATE ABANDONED

I SECTION 2F

SECTION 8

SECTION 15

I RENEWAL FILED

DATE AMEND REG

FILED BASIS

1 (a)

1 (b)

44D

44E

66A

NO BASIS

STANDARD CHARACTER MARK

LITERAL MARK ELEMENT

MARK DRAWING CODE

COLOR DRAWING FLAG

I PARTY TYPE

Trademark Snap Shot Publication & Issue Review Stylesheet (Table presents the data on Pubhcat1on & Issue Review Complete)

OVERVIEW

I FILING DATE 85705858

I REG DATE 0000000

I MARK TYPE PRINCIPAL

I 1NTL REG DATE NIA

ORNDORFF, LINDA B L.0 . ASSIGNED

PUB INFORMATION

1112112013

0112212013

1819-SU - REGISTRATION REVIEW COMPLETE

1112012013

18 IMMORTALS

NIA I DATE CANCELLED

NO I SECTION 2F IN PART

NO SECTION 8 IN PART

NO REPUB 12C

NO I RENEWAL DATE

NIA

FILING BASIS

I CURRENT BASIS I NO I 1 (a) YES I 1 (a)

YES I 1 (b) NO I 1 (b)

NO I 44D NO I 44D

NO I 44E NO I 44E

NO NO 66A

NO NO BASIS NO

MARK DATA

YES

8 IMMORTALS

4-STANDARD CHARACTER MARK

NO

CURRENT OWNER INFORMATION

I 20-0 WNER AT PUBLICATION

0811612012

NIA

TRADEMARK

NIA

111

NIA

NO

NO

NIA

NIA

AMENDED BASIS

NO

NO

NO

NO

NAME Real, Joselito G.

I ADDRESS 2109 Sander St Woodland, CA 95776

I ENTITY I 01-INDIVIDUAL

I CITIZENSHIP United States of America

GOODS AND SERVICES

I INTERNATIONAL CLASS 033

I DESCRIPTION TEXT Aperitif w ines; Aperitifs w ith a wine base; Cooking wine; Fortified wines; Fruit wine; Grape wine; Honey wine; Kits for making w ine; Korean traditional rice wine; Natural sparkling wines; Port wines; Prepared wine cocktails; Red wine; Red wines; Rose wine; Sparkling fruit wine; Sparkling grape wine; Sparkling wines; Still w ines; Strawberry wine; Sweet wines; Table wines; Tonic sweet grape wine containing extracts from ginseng and conchona bark (ninjin-kinatetsu wine); White wine; Wine; Wine coolers; Wine punch; Wine punches; W ine-based beverage, namely, piquette; W ine-based drinks; W ines; Wines and fortified wines; W ines and liqueurs; W ines and sparkling wines

GOODS AND SERVICES CLASSIFICATION

I INTERNATIONAL I 033 I FIRST USE DATE I 0810712012 I FIRST USE IN 112/31 /2012 I CLASS STATUS 16-ACTIVE CLASS COMMERCE

DATE

MISCELLANEOUS INFORMATION/STATEMENTS

I CHANGE IN REGISTRATION I No

I PSEUDO MARK I EIGHT IMMORTALS

PROSECUTION HISTORY

DATE I ENT CD I ENT TYPE I DESCRIPTION I ENTNUM

11/2112013 I SUNA I E I NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED 021

11/20/2013 I REGV I 0 I LAW OFFICE REGISTRATION REVIEW COMPLETED 020

11/2012013 ~I A I ASSIGNED TO LIE 019

10/31/2013 I p I ALLOWED PRINCIPAL REGISTER - sou ACCEPTED I 018

10/25/201 3 I EXRA I E I NOTICE OF APPROVAL OF EXTENSION REQU EST E-MAILED 017

10/2412013 I SUPC I I I STATEMENT OF USE PROCESSING COMPLETE 016

09/18/2013 I IUAF I s I USE AMENDMENT FILED 015

10/24/2013 I EX1G I s I EXTENSION 1 GRANTED 014

09/1812013 I EXT1 I s I EXTENSION 1 FILED 013

i 10123/2013 ~~I CASE ASSIGNED TO INTENT TO USE PARALEGAL 012

I 0911812013 I I TEAS EXTENSION RECEIVED 011

I 09/18/2013 I EISU I I I TEAS STATEMENT OF USE RECEIVED 010

I 03/1912013 I NOAM I E I NOA E-MAILED - sou REQUIRED FROM APPLICANT 009

I 0112212013 I NPUB I E I OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED 008

I 0112212013 I PUBO I A I PUBLISHED FOR OPPOSITION I 007

I 0110212013 ~~I NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED ~ 112/13/2012 p I APPROVED FOR PUB - PRINCIPAL REGISTER 5

i 1211212012 I DOCK I D I ASSIGNED TO EXAMINER I 004

I 08/25/2012 I MPMK I 0 I NOTICE OF PSEUDO MARK MAILED I 003

I 08/24/2012 I NWOS I I I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM I 002

I 0812012012 I NWAP I I I NEW APPLICATION ENTERED IN TRAM I 001

I CURRENT CORRESPONDENCE INFORl'1ATION

I ATTORNEY NONE

I CORRESPONDENCE ADDRESS REAL, JOSELITO G. 2109 SANDER ST WOODLAND, CA 95776-5389

I DOMESTIC REPRESENTATIVE NONE

PRIOR OWNER INFORMATION

I PARTY TYPE I 10-0RIGINAL APPLICANT

I NAME I Real , Joselito G.

I ADDRESS . Woodland, CA 95776 12109 Sander St



mmortas

I SERIAL NUMBER

I REG NUMBER

I REGISTER

I 1NTL REG#

TM ATTORNEY

RUN DATE

PUB DATE

I STATUS

I STATUS DATE


I DATE ABANDONED

I SECTION 2F

SECTION 8

SECTION 15

I RENEWAL FILED

DATE AMEND REG

FILED BASIS

1 (a)

1 (b)

44D

44E

66A

NO BASIS



MARK DRAWING CODE

COLOR DRAWING FLAG

I PARTY TYPE

Trademark Snap Shot Publication Stylesheet (Table presents the data on Pubhcat1on Approval)

OVERVIEW


I REG DATE 0000000


I 1NTL REG DATE NIA


PUB INFORMATION

1110112013

0112212013

1818-SU - STATEMENT OF USE ACCEPTED - APPROVED FOR REGISTRATION

1013112013

18 IMMORTALS




NO REPUB 12C

NO I RENEWAL DATE

NIA

FILING BASIS

I CURRENT BASIS I NO I 1 (a) YES I 1 (a)

YES I 1 (b) NO I 1 (b)

NO I 44D NO I 44D

NO I 44E NO I 44E

NO NO 66A

NO NO BASIS NO

MARK DATA

YES

8 IMMORTALS


NO



0811612012

NIA

TRADEMARK

NIA

111

NIA

NO

NO

NIA

NIA

AMENDED BASIS

NO

NO

NO

NO





GOODS AND SERVICES





DATE




PROSECUTION HISTORY

DATE I ENT CD I ENT TYPE DESCRIPTION I ENTNUM

10/3112013 I CNPR I p ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED 018

10/25/2013 I EXRA I E NOTICE OF APPROVAL OF EXTENSION REQU EST E-MAILED 017

10/2412013 ~I I STATEMENT OF USE PROCESSING COMPLETE 016

09/18/2013 I s USE AMENDMENT FILED I 015

10/24/201 3 I EX1G I s EXTENSION 1 GRANTED 014

09/1812013 I EXT1 I s EXTENSION 1 FILED 013

10/23/2013 I AITU I A CASE ASSIGNED TO INTENT TO USE PARALEGAL 012

09/18/2013 I EEXT I I TEAS EXTENSION RECEIVED 011

09/1812013 I EISU I I TEAS STATEMENT OF USE RECEIVED 010

I 0311912013 ~~ NOA E-MAILED - SOU REQUIRED FROM APPLICANT 009

I 0112212013 E OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED 008

I 01/22/2013 I PUBO I A I PUBLISHED FOR OPPOSITION 007

I 0110212013 I NONP I E I NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED 006

I 1211312012 I CNSA I p I APPROVED FOR PUB - PRINCIPAL REGISTER 005

I 1211212012 I DOCK I D I ASSIGNED TO EXAMINER I 004

I 08/2512012 R§=F+= NOTICE OF PSEUDO MARK MAILED

~ I 0812412012 I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 2

I 0812012012 I NWAP I I NEW APPLICATION ENTERED IN TRAM 001

CURRENT CORRESPONDENCE INFOR.t'1ATION

I ATTORNEY NONE



PRIOR OWNER INFORMATION


I NAME I Real, Joselito G.

I ADDRESS , Woodland, CA 95776 12109 Sander St



mmortas

From:

Sent: To:

[email protected]

Friday, October 25, 201300:1 2 AM [email protected]

Cc: [email protected] ; [email protected] , [email protected] Subject: Trademark Serial Number 85705858 : Official USPTO Notice of Approval of Extension Request

Serial Number: 85705858 Mark: 8 IMMORTALS(STANDARD CHARACTER MARK) Owner: Real, Joselito G. Extension Request Number: 1 Docket/Reference Number: Notice of Allowance Date: Mar 19, 2013

NOTICE OF APPROVAL OF EXTENSION REQUEST

The USPTO issued a Notice of Allowance on Mar 19, 2013 for the trademark application identified above. Applicant's FIRST request for Extension of Time to File a Statement of Use has been GRANTED.

PLEASE NOTE:

1. Applicant must continue to file extension requests every six (6) months calculated from the date the Notice of Allowance was issued until a Statement of Use is filed , or the USPTO will hold the application abandoned.

2. Applicant may only request a total of five (5) extensions of time. 3. Applicant may NOT file a Statement of Use more than thirty-six (36) months from the date the Notice of Allowance was issued.

For further information, including information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at http://www.uspto.gov/ or call the Trademark Assistance Center at 1-800-786-9199.

To check the status of an application, go to http://tarr.uspto.gov/.

To view this notice and other documents for this application on-line, go to http://tdr.uspto.gov/search.action?sn=85705858. NOTE: Th is notice will only be available on-line the next business day after receipt of this e-mail.

I SERIAL NUMBER

I REG NUMBER

I REGISTER

I 1NTL REG#

TM ATTORNEY

RUN DATE

PUB DATE

I STATUS

I STATUS DATE


I DATE ABANDONED

I SECTION 2F

SECTION 8

SECTION 15

I RENEWAL FILED

DATE AMEND REG

FILED BASIS

1 (a)

1 (b)

44D

44E

66A

NO BASIS



MARK DRAWING CODE

COLOR DRAWING FLAG

I PARTY TYPE

Trademark Snap Shot ITU Unit Action (Table presents the data on ITU Unit Action)

OVERVIEW


I REG DATE 0000000


I 1NTL REG DATE NIA


PUB INFORMATION

1012512013

0112212013

1748-STATEMENT OF USE -TO EXAMINER

1012412013

18 IMMORTALS




NO REPUB 12C

NO I RENEWAL DATE

NIA

FILING BASIS

I CURRENT BASIS

NO I 1 (a) NO

YES I 1 (b) YES

NO I 44D NO

NO I 44E NO

NO NO 66A

NO NO BASIS NO

MARK DATA

YES

8 IMMORTALS

I I 1 (a)

I 1 (b)

I 44D

I 44E


NO



0811612012

NIA

TRADEMARK

NIA

111

NIA

NO

NO

NIA

NIA

AMENDED BASIS

NO

NO

NO

NO





GOODS AND SERVICES





DATE




PROSECUTION HISTORY

DATE I ENT CD I ENT TYPE DESCRIPTION I ENTNUM

10/2512013 I EXRA I E NOTICE OF APPROVAL OF EXTENSION REQU EST E-MAILED 017

10/24/2013 I SUPC I I STATEMENT OF USE PROCESSING COMPLETE 016

09/1812013 ~I s USE AMENDMENT FILED 015

10/24/2013 I s EXTENSION 1 GRANTED I 014

09/18/201 3 I EXT1 I s EXTENSION 1 FILED 013

10/2312013 I AITU I A CASE ASSIGNED TO INTENT TO USE PARALEGAL 012

09/18/2013 I EEXT I I TEAS EXTENSION RECEIVED 011

09/18/2013 I EISU I I TEAS STATEMENT OF USE RECEIVED 010

03/1912013 I NOAM I E NOA E-MAILED - SOU REQUIRED FROM APPLICANT 009

I 0112212013 ~~I OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED 008

I 0112212013 A I PUBLISHED FOR OPPOSITION 007

I 01/02/2013 I NONP I E I NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED 006

I 1211312012 I CNSA I p I APPROVED FOR PUB - PRINCIPAL REGISTER 005

I 1211212012 I DOCK I D I ASSIGNED TO EXAMINER 004

I 08/25/2012 I MPMK I 0 I NOTICE OF PSEUDO MARK MAILED I 003

I 08/2412012 I NWOS I I I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 002

I 0812012012 I NWAP I I I NEW APPLICATION ENTERED IN TRAM 001

I

CURRENT CORRESPONDENCE INFORt\1ATION

I ATTORNEY NONE



I PRIOR OWNER INFORMATIO '


I NAME Real, Joselito G.

I ADDRESS . Woodland, CA 95776 12109 Sander St


I CITIZENSHIP I United States of America

mmortas

Prndu E 1

Amnra Winery

Wine Makers~

Joselito Real s Valentino Tiango Award Winning Winemakers of

2UO+ Wme Competitions

~mmortals deliver wines that are highly aromatic, flavorful, full bodied and well balanced I combining the best featw-es of wine grapes and super fruits, without adding any sulfites nor chemical preservatives_ The resulting award-winning wines have very high antioxidants and other healthy nulraceuticals fmn i;rapes and sqier fruits. The winemakers of 8 Immortals have wm more than 300 aw::n-ds in wine competitions

No Added Sulfites. 750 ml Govenunent Warning: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.

Vinted and E;,ottled in Lodi, California b~ Amora Wine"J, Inc.

S Immortals deliver wines that are highly aromatic, flavorful, full bodied and well balanced ccmbining the best features of wine grapes and super fruits, without adding any sulfites nor chenucal preservatives. The resulting award-winning wines have very high antioxidants and other healthy nuneuticals from ip.pes and SJ..¥ler fruits . The winemakers of 8 Irrunortals have woo more than 300 awards in wine competitions.

No Added Sulfites. 750 ml Govenunent War ning (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Conswnption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.

Vinted and E;,ottled in Lodi, Califomia b~ Amora Wine"j, Inc.

8 Immortals deliver WUles that are highly aromatic, flavorful, full bodied and well balanced ccmbirung the best features of wine grapes and supt%" fruits, without adding any sulfites ncr chmllcal preservatives_ The resulting award-winning wines have very high antioxidants and other healthy nutraceuticals from i;rapes and sqier fruits. The winemakers of8 Immortals have won more than 300 awards in wine competitions

No Added Sulfites. 750 ml Govenunent Warning: (1) According to t he Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause healt h problems.


S lnunortals deliver WUles that are highly aromatic, flavorful, full bodied and well balanced ccmbining the best features of wine grapes and super fruits, without adding any sulfites nor chmllcal preservatives. The resulting award-winning wines have very high antioxidants and other healthy nutrcQ:ruticals from EJapes and super fruits. The winermk'1'"s of 8 ImmJrtals have won more than 300 awra-ds in wine competitions


Vinted and E;,ottled in Lodi, Califomia b~ Amora Wine"J, Inc.

14% by valume Produced by Amrita Winery

Zinfandel Pnme ranate lnfusian

P.ro du ced h r : Volum e·

1 I

Malhec Ma ui Berr lnf usian

Vo I u m e : Pro du c e d b ~ :

14%. Am.a.ta • liner

PTO Form 1553 (Rev 912005)

OMB No. 0651--0054 (Exp_ 10/3112017)

Trademark/Service Mark Statement of Use (15 U.S.C. Section 1051(d))


Input Field Entered

SERIAL NUMBER

LAW OFFICE ASSIGNED

EXTENSION OF USE

MARK SECTION

MARK

LITERAL ELEMENT

STANDARD CHARACTERS

USPTO-GENERATED IMAGE

MARK STATEMENT

I OWNER SECTION

I NAME

l sTREET

CITY

l s TATE

I ZIP/POSTAL CODE

I COUl'\TRY

I PHONE

EMAIL

GOODS AND/OR SERVICES SECTION

INTERNATIONAL CLASS

CURRENT IDENTIFICATION

I GOODS OR SERVICES

I FIRST USE ANYWHERE DATE

185705858

I LAW OFFICE 111

YES

http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getimage=85705858

Is IMMORTALS

YES

YES

The mark consists of standard characters, without claim to any particular font style, size or color.

I Real, Joselito G.

I 2109 Sander St

I Woodland

California

1530-219-7379

1916-638-9326

[email protected]

Aperitif wines; Aperitifs with a wine base; Cooking wine; Fortified wines; Frnit wine; Grape wine; Honey wine; Kits for making wine; Korean traditional rice wine: Natural sparkling wines; Port wines; Prepared wine cocktails; Red wine: Red wines; Rose wine; Sparkling frnit wine; Sparkling grape wine; Sparkling wines; Still wines; Strawberry wine; Sweet wines; Table wines: Tonic sweet grape wine containing extracts from ginseng and conchona bark (ninjin-kinatetsu wine); White wine; Wine; Wine coolers; Wine punch: Wine punches; Wine-based beverage, namely, piquette; Winebased drinks; Wines; Wines and fortified wines; Wines and liqueurs; Wines and sparkling wines

I KEEP ALL LISTED

I 0810112012

FIRST USE Il'i COMMERCE DATE 112/31/2012

\\ TICRS\EXPORT 16\IMAGEOUT 16\857\058\85705858\'-;ml l 0 SPECIMEN FILE NAME(S)

\SOU0002JPG

\\ TICRS\EXPORT 16\IMAGEOUT 16\85 7\058\85705858\.'\'.ml l 0 \SOU0003J PG

\\ TICRS\EXPORT 16\IMAGEOUT 16\857\058\85705858\.'\'.ml l 0 \SOU0004.JPG

\\ TICRS\EXPORT 16\IMAGEOUT 16\857\058\85705858\.'\'.ml l 0 \SOU0005J PG

\\TICRS\EXPORTl 6\IMAGEOUT 16\857\058\85705858\.'\'.ml l O \SOU0006J PG

\\ TICRS\EXPORT 16\IMAGEOUT 16\857\058\85705858\.'\'.ml I 0 \SOU0007.JPG

\\TICRS\EXPORTl 6\IMAGEOUT 16\857\058\85705858\,'\'.ml l O \SOU0008JPG

\\TICRS\EXPORT 16\IMAGEOUT 16\857\058\85705858\.'\'.ml I 0 \SOU0009JPG

\\ TICRS\EXPORT 16\IMAGEOUT 16\857\058\85705858\.'\'.ml I 0 \SOUOOlO.JPG

Labels used in acnml use after commercial licensing of the mark. The label was first used commercially during the birthday celebration of Michael

SPECIMEl'i DESCRIPTION Chan on 12/31/2012-01/01/2013. The mark was also used in Lyon's Club Charity sponsorship dinner and promoted commercially at the same time along with other commercial vendors.

I REQUEST TO DIVIDE NO

I PAYMENT SECTION

I NUMBER OF CLASSES IN USE 1

SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 100

TOTAL AMOUNT 100

SIGNATURE SECTION

DECLARATIOl'i SIGNATURE I /Joselito *LITO* Real/

SIGNATORY'S NAME I Joselito G. Real

SIGNATORY'S POSITION Owner

DATE SIGNED I 09/ 18/2013

SIGNATORY'S PHONE NUMBER 1530-219-7379

FIL ING INFORMATION

SUBMIT DATE I Wed Sep 18 15 :24:39 EDT 2013

I USPTO/SOU-XXXXXXXXX XXX -2013091815243938015 1-857

TEAS STAMP 05858-5005534fl 87ffd92 l e I 7d3l e97d224f9c2472ac8e29b 2a95647b5ca3ff927d-CC-217 0-20130918145116523633

PTO Form 1553 (Rev 9'2005)

OMB No 0651-0054 (Exp_ 1013112017)


To the Commissioner for Trademarks: MARK: 8 IMMORTALS(Standard Characters, see http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getlmage=85705858) SERIAL NUMBER: 85705858 An Extension of Time form is being filed with the Allegation of Use.

The applicant, Real, Joselito G., having an address of 2109 Sander St Woodland, California 95776 United States

is submitting the following allegation of use information:

For International Class 033 : Current identification: Aperitif wines; Aperitifs with a wine base; Cooking wine; Fortified wines; Fruit wine; Grape wine; Honey wine; Kits for making wine: Korean traditional rice wine; Natural sparkling wines; Port wines; Prepared wine cocktails; Red wine; Red wines; Rose wine; Sparkling fruit wine; Sparkling grape wine; Sparkling wines; Still wines; Strawberry wine; Sweet wines; Table wines; Tonic sweet grape wine containing extracts from ginseng and conchona bark (ninJ in-kinatetsu wine); White wine; Wine; Wine coolers; Wine punch; Wine punches; Wine-based beverage, namely, piquette; Wine-based drinks; Wines; Wines and fortified wines; Wines and liqueurs: Wines and sparkling wines

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 08/07/2012, and first used in commerce at least as early as 12/31/2012, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Labels used in actual use after commercial licensing of the mark. The label was first used commercially during the birthday celebration of Michael Chan on 12/31/2012-01/0 1/2013. The mark was also used in Lyon's Club Charity sponsorship dinner and promoted commercially at the same time along with other commercial vendors .. Specimen File! Specimen File2 Specimen File3 Specimen File4 Specimen File5 Specimen File6 Specimen File7 Specimen File8 Specimen File9

The applicant is not fil ing a Request to Divide with this Allegation of Use form.

A fee payment in the amount of$100 will be submitted with the form, representing payment for the allegation of use for l class.

Declaration

Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under

18 U.S.C. Section 100 I, and that such willful false statements may jeopardize the validity of the fom1 or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Signature: /Joselito *LITO* Real/ Date Signed: 09/18/2013 Signatory's Name: Joselito G. Real Signatory's Position: Owner Signatory's Phone: 530-219-73 79

RAM Sale Number: 85705858 RAM Accounting Date: 09/19/2013

Serial Number: 85705858 Internet Transmission Date: Wed Sep 18 15:24:39 EDT 2013 TEAS Stamp USPTO/SOU-XXX.XXX.XXX.XXX-201 30918152439 38015 l-85705858-5005534fl 87ffd92 l e l 7d3 l e 97 d224 f9c24 72ac8e29b2a 95 64 7b5ca3 ff92 7 d-C C-2170-201 30918145116523633

Prndu E 1

Amnra Winery

Wine Makers~

Joselito Real s Valentino Tiango Award Winning Winemakers of

2UO+ Wme Competitions

~mmortals deliver wines that are highly aromatic, flavorful, full bodied and well balanced I combining the best featw-es of wine grapes and super fruits, without adding any sulfites nor chemical preservatives_ The resulting award-winning wines have very high antioxidants and other healthy nulraceuticals fmn i;rapes and sqier fruits. The winemakers of 8 Immortals have wm more than 300 aw::n-ds in wine competitions



S Immortals deliver wines that are highly aromatic, flavorful, full bodied and well balanced ccmbining the best features of wine grapes and super fruits, without adding any sulfites nor chenucal preservatives. The resulting award-winning wines have very high antioxidants and other healthy nuneuticals from ip.pes and SJ..¥ler fruits . The winemakers of 8 Irrunortals have woo more than 300 awards in wine competitions.

No Added Sulfites. 750 ml Govenunent War ning (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Conswnption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.

Vinted and E;,ottled in Lodi, Califomia b~ Amora Wine"j, Inc.

8 Immortals deliver WUles that are highly aromatic, flavorful, full bodied and well balanced ccmbirung the best features of wine grapes and supt%" fruits, without adding any sulfites ncr chmllcal preservatives_ The resulting award-winning wines have very high antioxidants and other healthy nutraceuticals from i;rapes and sqier fruits. The winemakers of8 Immortals have won more than 300 awards in wine competitions

No Added Sulfites. 750 ml Govenunent Warning: (1) According to t he Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause healt h problems.


S lnunortals deliver WUles that are highly aromatic, flavorful, full bodied and well balanced ccmbining the best features of wine grapes and super fruits, without adding any sulfites nor chmllcal preservatives. The resulting award-winning wines have very high antioxidants and other healthy nutrcQ:ruticals from EJapes and super fruits. The winermk'1'"s of 8 ImmJrtals have won more than 300 awra-ds in wine competitions


Vinted and E;,ottled in Lodi, Califomia b~ Amora Wine"J, Inc.

14% by valume Produced by Amrita Winery

Zinfandel Pnme ranate lnfusian

P.ro du ced h r : Volum e·

1 I

Malhec Ma ui Berr lnf usian

Vo I u m e : Pro du c e d b ~ :

14%. Am.a.ta • liner

FEE RECORD SHEET Serial Number: 85705858

11111111111111111111111111111111111111111111111111

RAM Sale Number: 85705858 Total Fees: $100

RAM Accounting Date: 20130919

Transaction Fee Transaction Fee per Number Total Code Date Class of Classes Fee

Statement of Use (SOU) 7003 20130918 $100 1 $100

Transaction Date: 20130918

1111111111111111111111 1111111111111111111111111111

PTO Form 1581(Rev912005)

OMB No. 0651--0054 (Exp_ 10/3112017)

Request for Extension of Time to File a Statement of Use (15 U.S.C. Section 1051(d))


Input Field Entered

SERIAL NUMBER I 8570585S

LAW OFFICE ASSIGNED I LAW OFFICE 111

MARK SECTION

MARK Is IMMORTALS

STANDARD CHARACTERS YES

USPTO-GE:'llERATED IMAGE YES

LITERAL ELEMENT Is IMMORTALS

OWNER SECTION

NAME I Real, Joselito G.

STREET I 2109 Sander St

CITY I Woodland

l sTATE I California

ZIP/POSTAL CODE 95776

I COUl'\TRY I United States

I PHONE 1530-219-7379

I 916-63S-9326

I EMAIL I [email protected]

I GOODS AND/OR SERVICES SECTION

I INTERNATIONAL CLASS

CURRENT IDENTIFICATION

I GOODS OR SERVICES

I EXTENSION SECTION

I EXTENSI01' NUMBER

I ALLOWAi\'CE MAIL DATE

I ST A TEMENT OF USE

Aperitif wines; Aperitifs with a wine base; Cooking wine; Fortified wines; Fmit wine; Grape wine: Honey wine: Kits for making wine; Korean traditional rice wine: Natural sparkling wines: Port wines; Prepared wine cocktails; Red wine: Red wines; Rose wine; Sparkling fmit wine; Sparkling grape wine; Sparkling wines; Still wines; Strawberry wine; Sweet wines; Table wines: Tonic sweet grape wine containing extracts from ginseng and conchona bark (ninjin-kinatetsu wine); White wine; Wine; Wine coolers; Wine punch: Wine punches; Wine-based beverage, namely, piquette; Winebased drinks; Wines: Wines and fortified wines; Wines and liqueurs; Wines and sparkling wines

I KEEP ALL LISTED

I 03/ 19/2013

YES

PAYMENT SECTION

NUMBER OF CLASSES 1

SUBTOTAL AMOUJ\T 150

TOTAL AMOUNT 150

SIGNATURE SECTION

SIGNATURE I /Joselito *LITO* Real/

SIGNATORY'S NAME I Joselito G. Real

SIGNATORY'S POSITION Owner

I DATE SIGNED I 09/18/2013

I SIGNATORY'S PHONE J\UMBER 1530-219-7379

I FILING INFORMATION

I SUBMIT DATE I Wed Sep 18 15 :37:20 EDT 2013

I USPTO/ESU-XXXXXXXXX.XXX -20130918153720967603-857 05858-5003d 103a 1 f5b3e9ab0

TEAS STAMP 842798ee44ee3c5c4fa634a59 422c l 7512fec695f43d9f58-C C-2484-201309181532046679 25

PTO Form 1581(Rev9'2005)

OMB No 0651-0054 (Exp_ 1013112017)

To the Commissioner for Trademarks:

MARK: 8 IMMORTALS SERIAL NUMBER: 85705858

The applicant, Real, Joselito G., having an address of 2109 Sander St Woodland, California 95776 United States

SOU Extension Request (15 U.S.C. Section 1051(d))

requests a six-month extension of time to file the Statement of Use under 37 C.F.R. Section 2.89 in this application. The Notice of Allowance mailing date was 03/19/2013.

For International Class 033: Current identification: Aperitif wines; Aperitifs with a wine base; Cooking wine; Fortified wines: Fruit wine; Grape wine; Honey wine; Kits for making wine; Korean traditional rice wine; Natural sparkling wines; Port wines; Prepared wine cocktails: Red wine; Red wines; Rose wine; Sparkling fruit wine; Sparkling grape wine; Sparkling wines: Still wines; Strawberry wine: Sweet wines: Table wines: Tonic sweet grape wine containing extracts from ginseng and conchona bark (ninjin-kinatetsu wine); \Vhite wine; Wine; Wine coolers; Wine punch; Wine punches; Wine-based beverage, namely, piquette; Wine-based drinks; Wines; Wines and fortified wines; Wines and liqueurs; Wines and sparkling wines

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.

This is the first extension request.

A Statement of Use has already been submitted or is being submitted along with the Extension request as evidence that applicant believes that it has made valid use of the mark in commerce. If the USPTO finds the Statement of Use to be fatally defective, the applicant requests additional time to fi le an amended or substitute Statement of Use.

A fee payment in the amount of $150 will be submitted with the fonn, representing payment for l class.

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section l 001, and that such willful false statements may Jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered; and that all statements made of his/her own knowledge are true: and that all statements made on information and belief are believed to be true.

Signature: /Joselito *LITO* Real/ Date Signed: 09/18/2013 Signatory's Name: Joselito G. Real Signatory's Position: Owner Signatory's Phone: 530-219-73 79

RAM Sale Number: 85705858 RAM Accounting Date: 09/1 9/2013

Serial Number: 85705858 Internet Transmission Date: Wed Sep 18 15:37:20 EDT 2013 TEAS Stamp: USPTO/ESU-XXX.XXX.XXX.XXX-20130918153720 967603-85705858-5003dl 03alf5b3e9ab084279 8ee44ee3c5c4fa634a59422c l 7512fec695f43d9 f58-CC-2484-20130918153204667925

TEAS ROUTING SHEET

To: INTENT TO USE UNIT

Work Loe: INTENT TO USE SECTION

Doc Type: Extension Request for SOU

1111111111111111111111111

Serial Number: 85705858

11111111111111111111111111111111111111111111111111

Mark: 8 IMMORTALS

Mail Date: 2013/09/18

11111111111111111111111111111111111111111111111111

Examiner Number: 78450

11111111111111111111111111111111111

Examiner Name: ORNDORFF, LINDA B

L.O. Assigned: LAW OFFICE 111

Special lnstruction(s):


ExtensionRequestforSOU 7004 20130918 $150 1 $150

Note: SOU has been previously filed. Do NOT automatically grant the extension.

From: [email protected]

Tuesday, March 19, 2013 00:14 AM [email protected]


[email protected] ; [email protected] , [email protected] Trademark Serial Number 85705858: Official USPTO Notice of Allowance

Serial Number: 85705858 Mark: 8 IMMORTALS(STANDARD CHARACTER MARK) Docket/Reference Number:

NOTICE OF ALLOWANCE (NOA)

ISSUE DATE: Mar 19, 2013

No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline.

SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally); OR An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed . The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be fi led more than thirty-six (36) months from when the NOA issued. The deadline for filing is a lways calculated from the issue date of the NOA.

How to file SOU and/or Extension Request: Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the US PTO forms available on line at http://www.uspto.gov/teas/index.html (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information. If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see http://www.uspto.gov/trademarks/basics/Morelnfo SOU EXT.jsp.

FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.

REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit. Please use the "Post-Publication Amendment" form under the "POST-PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) FORMS" category, available at http://www.uspto.gov/teas/index.html. Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.

Serial Number: Mark: Docket/Reference Number: Owner:

Correspondence Address:

85705858 8 IMMORTALS(STANDARD CHARACTER MARK)

Real, Joselito G. 2109 Sander St Woodland , CALIFORNIA 95776 REAL, JOSELITO G. 2109 SANDER ST WOODLAND, CA 95776-5389

This application has the following bases, but not necessari ly for all listed goods/services: Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

033 - Aperitif wines; Aperitifs with a wine base; Cooking wine; Fortified wines; Fruit wine; Grape wine; Honey wine; Kits for making wine; Korean traditional rice wine; Natural sparkling wines; Port wines; Prepared wine cocktails; Red wine; Red wines; Rose wine; Sparkling fruit wine; Sparkling grape wine; Sparkling wines; Still wines; Strawberry wine; Sweet wines; Table wines; Tonic sweet grape wine containing extracts from ginseng and conchona bark (ninjin-kinatetsu wine); White wine; Wine; Wine coolers; Wine punch; Wine punches; Wine-based beverage, namely, piquette; Wine-based drinks; W ines; W ines and fortified wines; Wines and liqueurs; Wines and sparkling wines -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.

Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration. The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration , possibly resulting in its cancellation.

Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO

website at www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of an application, go to http://tarr.uspto.gov. Please check the status of any application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line , go to http://tdr.uspto.gov/search.action?sn=85705858. NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

From:

Sent: To:

[email protected]

Tuesday, January 22, 2013 00:38 AM [email protected]

Cc: [email protected] ; [email protected] , [email protected] Subject: Official USPTO Notification: TMOG Publication Confirmation for Serial Number 85705858

TRADEMARK OFFICIAL GAZETTE PUBLICATION CONFIRMATION

U.S. Serial Number: 85-705,858 Mark: 8 IMMORTALS(STANDARD CHARACTER MARK) International Class(es): 033 Applicant: Real, Joselito G. Docket/Reference Number:

The mark identified above has been published in the Trademark Official Gazette (TMOG) on Jan 22, 2013.

To View the Mark in the TMOG:

1. Click on the following link or paste the URL into an internet browser: http://www.uspto.govlwebl trademarks/tmog/20130122 OG.pdf#page=00000875

2. Locate your mark on the displayed page.

If the TMOG PDF fi le does not open to the page containing your mark (you must have an Adobe Reader installed on your workstation), click on the following link or paste the URL into an internet browser to review the Frequently Asked Questions about the Trademark Official Gazette: http://www.uspto.gov/trademarks/resources/tm og fags.jsp.

On the publication date or shortly thereafter, the applicant should carefully review the information that appears in the TMOG for accuracy. If any information is incorrect due to US PTO error, the applicant should immediately email the requested correction to [email protected]. For applicant corrections or amendments after publication, please tile a post publication amendment using the form available at http://teasroa .uspto.gov/ppa/. For general information about this notice , please contact the Trademark Assistance Center at 1-800-786-9199.

Significance of Publication for Opposition:

Any party who believes it will be damaged by the registration of the mark may file a notice of opposition (or extension of time therefor) with the Trademark Trial and Appeal Board. If no party files an opposition or extension request within thirty (30) days after the publication date, then eleven (11) weeks after the publication date a notice of allowance (NOA) should issue. (Note: The applicant must f ile a Statement of Use or Extension Request within six (6) months after the NOA issues.)

To view this notice and other documents for this application on-line, go to Trademark Status and Document Retrieval at http://tsdr.uspto.gov/, enter the United States application serial number and select the button labeled "Documents." NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

UNITED STATES PATENT AND TRADEMARK OFFICE

Jan 2, 2013

NOTICE OF PUBLICATION

1. Serial No.: 85-705,858

3. International Class(es): 33

4. Publication Date : Jan 22, 2013

2. Mark: 8 IMMORTALS (STANDARD CHARACTER MARK)

5. Applicant: Real , Joselito G.

Commissioner for Trademarks P.O. Box 1451

Alexandria, VA 22313-1451 www.uspto.gov

The mark of the application identified appears to be entitled to registration. The mark will, in accordance with Section 12(a) of the Trademark Act of 1946, as amended, be published in the Official Gazette on the date indicated above for the purpose of opposition by any person who believes he will be damaged by the registration of the mark. If no opposition is filed within the time specified by Section 13(a) of the Statute or by rules 2.101 or 2.102 of the Trademark Rules, the Commissioner of Patents and Trademarks may issue a notice of allowance pursuant to section 13(b) of the Statute.

Copies of the trademark portion of the Official Gazette containing the publication of the mark may be obtained from:

By direction of the Commissioner.

Email Address(es):

[email protected] [email protected] vtiangco@ gmail.com [email protected]

The Superintendent of Documents U.S. Government Printing Office PO Box 371954 Pittsburgh, PA 15250-7954 Phone: 202-512-1800

From:


[email protected]

Wednesday, January 2, 2013 04:45 AM [email protected] [email protected] ; [email protected] , [email protected] Official US PTO Notification: Issuance of Notice of Publication for Serial Number 85705858

NOTIFICATION OF "NOTICE OF PUBLICATION"

Your trademark application (Serial No. 85705858) is scheduled to publish in the Official Gazette on Jan 22, 2013. To preview the Notice of Publication, go to http://tdr.uspto.gov1search.action?sn=85705858. If you have difficulty accessing the Notice of Publication , contact [email protected].

PLEASE NOTE: 1. The Notice of Publication may not be immediately available but will be viewable within 24 hours of this e-mail notification. 2. You will receive a second e-mail on the actual "Publication Date," which will include a link to the issue of the Official Gazette in which the mark has published.

Do NOT hit "Reply" to this e-mail notification. If you have any questions about the content of the Notice of Publication, contact [email protected].

I SERIAL NUMBER

I REG NUMBER

I REGISTER

I 1NTL REG#

TM ATTORNEY

RUN DATE

PUB DATE

I STATUS

I STATUS DATE


I DATE ABANDONED

I SECTION 2F

SECTION 8

SECTION 15

I RENEWAL FILED

DATE AMEND REG

FILED BASIS

1 (a)

1 (b)

44D

44E

66A

NO BASIS



MARK DRAWING CODE

COLOR DRAWING FLAG

I PARTY TYPE


OVERVIEW


I REG DATE 0000000


I 1NTL REG DATE NIA


PUB INFORMATION

1211412012

NIA

I sea-APPROVED FOR PUBLICATION

1211 312012

I a IMMORTALS




NO REPUB 12C

NO I RENEWAL DATE

NIA

FILING BASIS

I CURRENT BASIS

NO I 1 (a) NO

YES I 1 (b) YES

NO I 44D NO

NO I 44E NO

NO NO 66A

NO NO BASIS NO

MARK DATA

YES

8 IMMORTALS

I I 1 (a)

I 1 (b)

I 44D

I 44E


NO


I 10-0RIGINAL APPLICANT

0811612012

NIA

TRADEMARK

NIA

111

NIA

NO

NO

NIA

NIA

AMENDED BASIS

NO

NO

NO

NO





GOODS AND SERVICES


I DESCRIPTION TEXT Aperitif w ines; Aperitifs w ith a wine base; Cooking wine; Fortified wines; Fruit wine; Grape wine; Honey wine; Kits for making w ine; Korean traditional rice wine; Natural sparkling wines; Port wines; Prepared wine cocktails; Red wine; Red wines; Rose wine; Sparkling fruit wine; Sparkling grape wine; Sparkling wines; Still w ines; Strawberry wine; Sweet wines; Table wines; Tonic sweet grape wine containing extracts from ginseng and conchona bark (ninjin-kinatetsu wine); White wine; Wine; Wine coolers; Wine punch; Wine punches; Wine-based beverage, namely, piquette; W ine-based drinks; W ines; Wines and fortified wines; W ines and liqueurs; W ines and sparkling wines


I INTERNATIONAL I 033 I FIRST USE DATE I NONE FIRST USE IN

I NONE I CLASS STATUS 16-ACTIVE CLASS COMMERCE

DATE


I CHANGE IN REGISTRATION NO

PSEUDO MARK EIGHT IMMORTALS

PROSECUTION HISTORY

DATE I ENT CD I ENT TYPE I DESCRIPTION I ENTNUM

12/13/2012 I CNSA I p I APPROVED FOR PUB - PRINCIPAL REGISTER 005

12/12/2012 I DOCK I D I ASSIGNED TO EXAMINER 004

08/25/2012 ~I 0 I NOTICE OF PSEUDO MARK MAILED 003

08/24/2012 I I I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM I 002

08/20/2012 I NWAP I I I NEW APPLICATION ENTERED IN TRAM 001

CURRENT CORRESPONDENCE INFORtVIATION

ATTORNEY NONE

CORRESPONDENCE ADDRESS REAL, JOSELITO G. 2109 SANDER ST WOODLAND, CA 95776-5389

DOMESTIC REPRESENTATIVE NONE

mmortas

*** User:lorndorff*** # Total Dea cl Live

Marks Marks Viewed

Docs

01 239492 NIA 0

02 393 NIA 0

03 35 15 14

04 162 0 43

05 49 NIA 0

06 0

Session staned 1211212012 8:04:48 AM

Session finished 1211212012 8:07:30 AM

Total search duration 0 minutes 13 seconds

Session duration 2 minutes 42 seconds

Defont NEAR limit~ 1 ADJ limit~ 1

Sent to TICRS as Serial Number: 85705858

Live

Viewed

Im:.1 ges

0

0

13

42

0

Status/

Search

Duration

0:02

0:01

0:01

0:04

0:02

0:03

Search

(*8* or *e{"iy"}ght* or •ate*)[bi.ti]

• mon{v)l*[bi.ti]

land 2

2 not dead[ld]

4 and "033"[cc]

4 and ("033" ab 200)[ic]

Side-1

MAILING DATE: Aug 25, 2012 PSEUDO MARK FOR SERIAL NUMBER: 85705858

Attorney Reference Number:

The USPTO may assign pseudo marks, as appropriate, to new applications to assist in searching the USPTO database for conflicting marks. They have no legal significance and will not appear on the registration certificate.

A pseudo mark may be assigned to marks that include words, numbers, compound words, symbols, or acronyms that can have alternative spellings or meanings. For example, if the mark comprises the words "YOU ARE" surrounded by a design of a box, the pseudo mark field in the US PTO database would display the mark as "YOU ARE SQUARE." A mark filed as "URGR8" would receive a pseudo mark of "YOU ARE GREAT."

Response to this notice is not requi red; however, to suggest additions or changes to the pseudo mark assigned to your mark, please e-mail [email protected]. You must reference your application serial number within your request . The USPTO will review the proposal and update the record, if appropriate. For questions, please call 1-800-786-9199 to speak to a Customer Service representative.

PSEUDO MARK: EIGHT IMMORTALS

Side-2 UNITED STATES PATENT AND TRADEMARK OFFICE COMMISSIONER FOR TRADEMARKS P.O.BOX 1451 ALEXANDRIA, VA 22313-1451

REAL, JOSELITO G. 2109 SANDER ST WOODLAND , CA 95776-5389

I FIRST-CLASS MAIL

US POSTAGE PAID

mmortas

PTO Form 1478 (Rev 912006)

OMB No. 0651--0009 (Exp 1213112014)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 85705858 Filing Date: 08/16/2012

N OTE: Data fields with the * are mandatoiy under TEAS Plus. The wording "(if applicable) " appears where the field is only mandato1y under the facts of the particular application.


Input Field

TEAS Plus

MARK INFORMATION

*MARK

*STANDARD CHARACTERS

USPTO-GE:'llERATED IMAGE

LITERAL ELEMENT

*MARK STATEMENT

I REGISTER

I APPLICANT INFORMATION

I · owl\ER OF MARK

I • STREET

*CITY

I · STATE (Required for U.S. applicants)

I · c o UNTRY

I • ZIP/POSTAL CODE (Required for U.S. applicants only)

I PHONE

FAX

I EMAIL ADDRESS

AUTHORIZED TO COMMUNICATE VIA EMAIL

I WEBSITE ADDRESS

I LEGAL ENTITY INFORMATION

*TYPE

I · C OU!\TRY OF CITIZE!\SHIP

Entered

YES

I s Immortals

YES

YES

I s Immortals

The mark consists of standard characters, without claim to any particular font, style, size, or color.

I Principal

I Real, Joselito G.

I 2109 Sander St

I Woodland

I California

I United States

95776

1530-219-7379

1916-638-9326

I [email protected]

Yes

I www.healthierwines.com

I INDIVIDUAL

United States

GOODS AND/OR SERVICES AND BASIS INFORMATION

I • 1NTER.J'\"ATIONAL CLASS

*INTERNATIONAL CLASS I 033

Aperitif wines; Aperitifs with a wine base; Cooking wine; Fortified wines; Fmit wine; Grape wine; Honey wine; Kits for making wine: Korean traditional rice wine; Natural sparkling wines; Port wines; Prepared wine cocktails; Red wine; Red wines; Rose wine; Sparkling fruit wine; Sparkling grape wine;

*IDENTIFICATION Sparkling wines; Still wines; Strawberry wine; Sweet wines: Table wines; Tonic sweet grape wine containing extracts from ginseng and conchona bark (ninJin-kinatetsu wine); \Vhite wine; Wine; Wine coolers; Wine punch; Wine punches; Wine-based beverage, namely, piquette; Wine-based drinks: Wines; Wines and fortified wines; Wines and liqueurs: Wines and sparkling wines

*FILl'.'IG BASIS I SECTION l (b)

ADDITIONAL STATEMENTS INFORMATION

*TRANSLATION (if applicable)

*TRANSLITERATION (if applicable)

*CLAIMED PRIOR REGISTRATION (if applicable)

*CONSENT (NAME/LIKENESS) (if applicable)

*CONCURRENT USE CLAIM (if applicable)

I CORRESPONDENCE INFORMATION

*NAME I Real, Joselito G.

l • sTREET I 2109 Sander St

*CITY I Woodland

I *STATE , (Required for U.S. applicants) I California

I · c o UNTRY I United States

I *ZIP/POSTAL CODE 95776

PHONE 1530-219-7379

FA.,\'. 1916-638-9326

I . EMAIL ADDRESS [email protected]:[email protected]; [email protected];[email protected]

*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

FEE INFOR.t'1A TION

NUMBER OF CLASSES l

FEE PER CLASS 275

*TOTAL FEE PAID 275

SIGNATURE INFORMATION

* SIGNATURE I /Joselito *LITO* Real/

* SIG'.'IATORY'S NAME I Joselito G. Real

* SIGNATORY'S POSITION Owner

SIGNATORY'S PHONE !\UMBER 1530-219-7379

I· DATE SIGNED I os /1612012

PTO Form 1478 (Rev 9'2006)

OMB No 0651-0009 (Exp 1213112014)



MARK: 8 Immortals (Standard Characters, see mark) The literal element of the mark consists of 8 Immortals.


Se1·ial Number: 85705858 Filing Date: 08/16/2012


The applicant, Joselito G. Real, a citizen of United States, having an address of 2109 Sander St Woodland, California 95776 United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section I 051 et seq.), as amended, for the following:

For specific filing basis information for each item, you must view the display within the Input Table. International Class 033: Aperitif wines; Aperitifs with a wine base; Cooking wine: Fortified wines: Fruit wine: Grape wine; Honey wine;

Kits for making wine: Korean traditional rice wine; Namral sparkling wines: Port wines: Prepared wine cocktails; Red wine; Red wines; Rose wine; Sparkling fruit wine; Sparkling grape wine; Sparkling wines; Still wines; Strawberry wine; Sweet wines; Table wines; Tonic sweet grape wine containing extracts from ginseng and conchona bark (ninjin-kinatetsu wine): White wine: Wine: Wine coolers; Wine punch: Wine punches; Wine-based beverage, namely, piquette; Wine-based drinks: Wines; Wines and fortified wines; Wines and liqueurs; Wines and sparkling wines Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (1 5 U.S.C. Section 105 l (b )).

For infomrntional purposes only, applicant's website address is: www.healthierwines.com The applicant's current Correspondence Information:

Real, Joselito G.

2109 Sander St

Woodland, California 95776

530-219-73 79(phone)

9 l 6-638-9326(fax)

[email protected];[email protected];[email protected]:[email protected] (authorized)

A fee payment in the amount of$275 has been submitted with the application, representing payment for l class( es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001 , and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section l 05 l (b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on infonnation and belief are believed to be true.

Signature: /Joselito *LITO* Real/ Date Signed: 08/16/2012

Signatory's Name: Joselito G. Real Signatory's Position: Owner

RAM Sale Number: 5039 RAM Accounting Date: 08/1 7/201 2

Serial Number: 85705858 Internet Transmission Date: Thu Aug 16 18:32:25 EDT 20 12 TEAS Stamp USPTO/FTK-XXX.XXX.XXX.XXX-20120816183225 900 150-85705 858-490G4268c3643deaae22cfl 4e309250d8-CC-5039-201208 l 6181229400364

mmortas

FRANCIS EXHIBIT L


Mark: IMMORTAL HERO

US Serial Number:


Filed as TEAS Plus:

Register:

Mark Type:

87075193

5297616

Yes

Principal

Trademark

Application Filing Jun. 17, 2016 Date:



IMMORTAL HERO


Status Date: Sep. 26, 2017

Publication Date: Dec. 13, 2016

Mark Literal IMMORTAL HERO Elements:

Notice of Feb. 07, 2017 Allowance Date:

Mark Information

Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:


Goods and Services

Note: The following symbols indicate that the registranVowner has amended the goods/services:

• Brackets [ .. ] indicate deleted goods/services; • Double parenthesis (( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks• .: identify additional (new) word ing in the goods/services.

For: Wine



Basis: 1(a)

First Use: May 2016

Filed Use: No

Filed ITU: Yes

Filed 44D: No

Filed 44E: No

Filed 66A: No

Flied No Basis: No

Owner Name: BRANDESSENCE LIMITED

Owner Address: 1 LAMPOUSAS STREET NICOSIA 1095 CYPRUS

U.S Class(es): 047, 049

Use in Commerce: May 2016


Currently Use: Yes

Currently ITU: No

Currently 44D: No

Currently 44E: No

Currently 66A: No



Amended Use: No

Amended ITU: No

Amended 44D: No

Amended 44E: No

Legal Entity Type: LIMITED LIABILITY COMPANY State or Country CYPRUS Where Organized:


Attorney of Record

Attorney Name: Laura M. Konkel Docket Number: 064357-9107

Attorney Primary [email protected] Email Address:

Attorney Email Yes Authorized:

Correspondent

Correspondent LAURA M. KONKEL Name/Address: MICHAEL BEST & FRIEDRICH LLP

100 EAST WISCONSIN AVENUE, SUITE 3300 MILWAUKEE, WISCONSIN 53202 UNITED STATES

Phone: 414-271-6560 Fax: 414-277-0656

Correspondent e- [email protected] mall:

Correspondent e- Yes mail Authorized:

Domestic Representative

Domestic Laura M. Konkel Representative

Phone: 608-257-3501

Name:

Fax: 414-277-0656

Domestic [email protected] Representative e-

Domestic Yes Representative e-

Date

Oct. 17, 2018

Aug. 15, 2018

Sep. 26, 2017

Aug. 19, 2017

Aug. 18, 2017

Aug. 18, 2017

Jul. 25, 2017

Aug. 18, 2017

Jul. 25, 2017

Feb. 07,2017

Dec. 13, 2016

Dec. 13, 2016

Nov. 23, 2016

Oct. 20, 2016

Oct. 19, 2016

Oct. 18, 2016

Oct. 18, 2016

Sep. 14, 2016

Sep. 14, 2016

Sep. 14, 2016

Sep. 12, 2016

Jun.23, 2016

Jun .22,2016

Jun.21 , 2016

mail: mail Authorized:

Prosecution History

Description

AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP

AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP





USE AMENDMENT FILED








TEAS/EMAIL CORRESPONDENCE ENTERED

CORRESPONDENCE RECEIVED IN LAW OFFICE

TEAS RESPONSE TO OFFICE ACTION RECEIVED

NOTIFICATION OF NON-FINAL ACTION E-MAILED

NON-FINAL ACTION E-MAILED

NON-FINAL ACTION WRITTEN


NOTICE OF PSEUDO MARK E-MAILED





Proceeding Number

76538

76538

76538

88889

88889

6325

6325

76079

76079

Fiie Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Aug. 18, 2017

Assignment Abstract Of Title Information

Summary

Total Assignments: 2 Registrant: Dolce Co. Invest Inc.

Assignment 1 of 2

Conveyance: ENTITY CONVERSION

Reel/Frame: 641 010259

Date Recorded: Jun. 13, 2018

Supporting assignment-tm-641 0-0259.pdf Documents:

Name: DOLCE CO. INVEST INC.

Legal Entity Type: CORPORATION

Name: ORIGIN TM LTD

Legal Entity Type: PRIVATE LIMITED COMPANY

Address: 1 LAMPOUSAS STREET NICOSIA, CYPRUS

Pages: 8

Assignor

Execution Date: Feb. 12, 2018

State or Country VIRGIN ISLANDS, BRITISH Where Organized:

Assignee

State or Country CYPRUS Where Organized:

Correspondent

Correspondent LAURA M. KONKEL, MICHAEL BEST &FRIEDRICH Name:

Correspondent 100 EAST WISCONSIN AVENUE, SUITE 3300 Address: MILWAUKEE, WI 53202


Assignment 2 of 2

Conveyance: NUNC PRO TUNC ASSIGNMENT EFFECTIVE 04/01 /2018

Reel/Frame: 6451/0741 Pages: 15

Date Recorded: Oct. 09, 2018

Supporting assignment-tm-6451-0741.pdf Documents:

Name: ORIGIN TM LTD

Legal Entity Type: PRIVATE LIMITED COMPANY

Name: BRANDESSENCE LIMITED

Legal Entity Type: LIMITED LIABILITY COMPANY

Address: 1 LAMPOUSAS STREET NICOSIA, CYPRUS 1095

Assignor

Execution Date:

State or Country Where Organized:

Assignee

State or Country Where Organized:

Correspondent

Correspondent LAURA M. KONKEL, MICHAEL BEST &FRIEDRICH Name:

Correspondent 100 EAST WISCONSIN AVENUE, SUITE 3300 Address: MILWAUKEE, WI 53202

Jul. 02, 2018

CYPRUS

CYPRUS


IMMORTAL HERO

Reg. No. 5,297,616


Int. Cl.: 33

Trademark

Principal Register

c;)e; SRfli.. f}n(J~I Petformlng tht functions and Outlts of tht Under Se<:rttary of Commuct for lnttllectual Property and Director or th<! United States Patent and Tradermrk Office

Dolce Co. Invest Inc. (VIRGIN ISLANDS, BRITISH CORPORATION) P.O. Box 985 Wickham's Cay 1 Road Town, Tortola BR.VIRGIN ISLANDS VGl 110

CLASS 33: Wine

FIRST USE 5-00-2016; IN COMMERCE 5-00-2016

THE MARK CONSISTS OF STA DARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR

SER. 0 87-075,193, FILED 06-1 7-20 16 MICHAEL LENGEL, EXAM! ING ATTORNEY

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WAR1'1'ING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years* What and When to File:

• Firs1 Filinp, Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th

years after the registration date. See 15 U.S.C. && 1058, 114l k. If the declaration is accepted, the

registration will continue in force for the remainder of the ten-year period, calculated from the registration

date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.

• Secona Filinp, Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application

for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. § 1059.

Requirements in Successive Ten-Year Periods* What and When to File:

• You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between every 9th and 10th-year period, calculated from the registration date.*

Grace Pel'iod Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO). The time periods for filing are based on the U.S. registration elate (not the international registration date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U.S.C. §§1058, l 14lk. However, owners of international registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol, before the expiration of each ten-year tenn of protection, calculated from the date of the international registration. See 15 U.S.C. § 114lj. For more information and renewal foims for the international registration, see http://www.wipo.int/madrid/en/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for further information. \Vith the exception of renewal applications for registered extensions of protection, you can file the registration maintenance documents rnferenced above online at h ttp://www.uspto.gov.

NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark owners/holders who authorize e-mail communication and maintain a current e-mail address with the USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark Electi·onic Application System (TEAS) Correspondence Address and Change of Owner Add1·ess Forms available at http://www.uspto.gov.

Page: 2 of 2 I RN # 5297616

From:

Sent: To:

[email protected]

Saturday, August 19, 2017 00:14 AM [email protected]

Subject: Official USPTO Notice of Acceptance of SOU: U.S. Trademark SN 87075193: IMMORTAL HERO: Docket/Reference No. 064357-9107

U.S. Serial Number: 87075193 Mark: IMMORTAL HERO Owner: Dolce Co. Invest Inc. Docket/Reference Number: 064357-9107

NOTICE OF ACCEPTANCE OF STATEMENT OF USE

The USPTO has accepted the Statement of Use fi led for the trademark application identified above. The mark will now register and the registration certificate will issue in due course barring any extraordinary circumstances.

To check the status of the application, go to http://tsdr.uspto.gov/#caseNumber=87075193&caseType=SERIAL NO&searchType=statusSearch or contact the Trademark Assistance Center at 1-800-786-9199. Please check the status of the application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go to http://tsdr.uspto .gov/#caseNumber=87075193&caseType=SERIAL NO&searchType=documentSearch. NOTE: This notice will only become available on-line the next business day after receipt of this e-mail.

For further information, including information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at http://www.uspto.gov/trademarks/ or contact the Trademark Assistance Center at 1-800-786-9199.

I SERIAL NUMBER

I REG NUMBER

I REGISTER

I 1NTL REG#

TM ATTORNEY

RUN DATE

PUB DATE

I STATUS

I STATUS DATE


I DATE ABANDONED

I SECTION 2F

SECTION 8

SECTION 15

I RENEWAL FILED

DATE AMEND REG

FILED BASIS

1 (a)

1 (b)

44D

44E

66A

NO BASIS



MARK DRAWING CODE

COLOR DRAWING FLAG

I PARTY TYPE


OVERVIEW


I REG DATE 0000000


I 1NTL REG DATE NIA

ENGEL, MICHAEL L L.0 . ASSIGNED

PUB INFORMATION

0811912017

1211312016


0811812017

I IMMORTAL HERO




NO REPUB 12C

NO I RENEWAL DATE

NIA

FILING BASIS

I CURRENT BASIS

NO I 1 (a) YES

YES I 1 (b) NO

NO I 44D NO

NO I 44E NO

NO NO 66A

NO NO BASIS NO

MARK DATA

YES

IMMORTAL HERO

I I 1 (a)

I 1 (b)

I 44D

I 44E


NO


I 20-0WNER AT PUBLICATION

0611712016

NIA

TRADEMARK

NIA

107

NIA

NO

NO

NIA

NIA

AMENDED BASIS

NO

NO

NO

NO

NAME Dolce Co. Invest Inc.

I ADDRESS P.O. Box 985 Wickham's Cay 1 Road Town, Tortola, VG1110

I ENTITY I 03-CORPORATION

I CITIZENSHIP Virgin Islands, British

GOODS AND SERVICES


I DESCRIPTION TEXT Wine


INTERNATIONAL I 033 I FIRST USE DATE I 0510012016 FIRST USE IN I 05/00/2016 I CLASS STATUS 16-ACTIVE CLASS COMMERCE

DATE

r MISCELLANEOUS INF OR.MA TION/STATEMENTS


I PSEUDO MARK I IMMORTAL HERO

PROSECUTION HISTORY

I DATE I ENT CD I ENT TYPE I DESCRIPTION I ENTNUM

I 08/1912017 I SUNA I E I NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED I 021

I 08/18/2017

~R= ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED I 020

08/1812017 I STATEMENT OF USE PROCESSING COMPLETE I 019

07/2512017 I IUAF s USE AMENDMENT FILED I 018

I 08/18/2017 I AITU A I CASE ASSIGNED TO INTENT TO USE PARALEGAL I 017

I 07/2512017 I EISU I I TEAS STATEMENT OF USE RECEIVED I 016

I 02/07/2017 I NOAM E I NOA E-MAILED - sou REQUIRED FROM APPLICANT I 015

I 12/1312016 I NPUB E I OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED I 014

12/13/2016

~ A PUBLISHED FOR OPPOSITION I 013

11/23/2016 E NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED I 012 p

10/2012016 CNSA p I APPROVED FOR PUB - PRINCIPAL REGISTER I 011

I 10/19/2016 TEME I I TEAS/EMAIL CORRESPONDENCE ENTERED I 010

I 1011 8/2016 CRFA I I CORRESPONDENCE RECEIVED IN LAW OFFICE I 009

I 1011812016 TROA I I TEAS RESPONSE TO OFFICE ACTION RECEIVED I 008

I 09/14/2016 GNRN 0 NOTIFICATION OF NON-FINAL ACTION E-MAILED I 007

09/1412016 GNRT F NON-FINAL ACTION E-MAILED I 006

09/14/2016 CNRT R NON-FINAL ACTION WRITTEN I 005

I 09/12/2016 DOCK D I ASSIGNED TO EXAMINER I 004

I 06/2312016 MPMK E I NOTICE OF PSEUDO MARK E-MAILED I 003

I 06/22/2016 NWOS I I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM I 002

06/2112016 I NWAP I I NEW APPLICATION ENTERED IN TRAM I 001

I

CURRENT CORRESPONDENCE INFORMATION

i ATTORNEY I Laura M. Konkel

I CORRESPONDENCE ADDRESS LAURA M. KONKEL MICHAEL BEST & FRIEDRICH LLP

I 100 EAST WISCONSIN AVENUE, SUITE 3300 MILWAUKEE, WI 53202

I DOMESTIC REPRESENTATIVE Laura M. Konkel --

I PRIOR OWNER INFORMATION


I NAME I Dolce Co. Invest Inc.


I ENTITY I 03-CORPORA TION

I CITIZENSHIP I Virgin Islands, British

IMMORTAL HERO

I SERIAL NUMBER

I REG NUMBER

I REGISTER

I 1NTL REG#

TM ATTORNEY

RUN DATE

PUB DATE

I STATUS

I STATUS DATE


I DATE ABANDONED

I SECTION 2F

SECTION 8

SECTION 15

I RENEWAL FILED

DATE AMEND REG

FILED BASIS

1 (a)

1 (b)

44D

44E

66A

NO BASIS



MARK DRAWING CODE

COLOR DRAWING FLAG

I PARTY TYPE

Trademark Snap Shot ITU Unit Action (Table presents the data on ITU Unit Action)

OVERVIEW


I REG DATE 0000000


I 1NTL REG DATE NIA


PUB INFORMATION

0811912017

1211312016


0811812017

I IMMORTAL HERO




NO REPUB 12C

NO I RENEWAL DATE

NIA

FILING BASIS

I CURRENT BASIS

NO I 1 (a) YES

YES I 1 (b) NO

NO I 44D NO

NO I 44E NO

NO NO 66A

NO NO BASIS NO

MARK DATA

YES

IMMORTAL HERO

I I 1 (a)

I 1 (b)

I 44D

I 44E


NO


I 20-0WNER AT PUBLICATION

0611712016

NIA

TRADEMARK

NIA

107

NIA

NO

NO

NIA

NIA

AMENDED BASIS

NO

NO

NO

NO





GOODS AND SERVICES




INTERNATIONAL I 033 I FIRST USE DATE I 0510012016 FIRST USE IN I 05/00/2016 I CLASS STATUS 16-ACTIVE CLASS COMMERCE

DATE




PROSECUTION HISTORY


I 08/1912017 I SUNA I E I NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED I 021

I 08/18/2017

~R= ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED I 020

08/1812017 I STATEMENT OF USE PROCESSING COMPLETE I 019

07/2512017 I IUAF s USE AMENDMENT FILED I 018

I 08/18/2017 I AITU A I CASE ASSIGNED TO INTENT TO USE PARALEGAL I 017

I 07/2512017 I EISU I I TEAS STATEMENT OF USE RECEIVED I 016

I 02/07/2017 I NOAM E I NOA E-MAILED - sou REQUIRED FROM APPLICANT I 015

I 12/1312016 I NPUB E I OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED I 014

12/13/2016

~ A PUBLISHED FOR OPPOSITION I 013

11/23/2016 E NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED I 012 p

10/2012016 CNSA p I APPROVED FOR PUB - PRINCIPAL REGISTER I 011

I 10/19/2016 TEME I I TEAS/EMAIL CORRESPONDENCE ENTERED I 010

I 1011 8/2016 CRFA I I CORRESPONDENCE RECEIVED IN LAW OFFICE I 009

I 1011812016 TROA I I TEAS RESPONSE TO OFFICE ACTION RECEIVED I 008

I 09/14/2016 GNRN 0 NOTIFICATION OF NON-FINAL ACTION E-MAILED I 007

09/1412016 GNRT F NON-FINAL ACTION E-MAILED I 006

09/14/2016 CNRT R NON-FINAL ACTION WRITTEN I 005

I 09/12/2016 DOCK D I ASSIGNED TO EXAMINER I 004

I 06/2312016 MPMK E I NOTICE OF PSEUDO MARK E-MAILED I 003

I 06/22/2016 NWOS I I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM I 002

06/2112016 I NWAP I I NEW APPLICATION ENTERED IN TRAM I 001

I

CURRENT CORRESPONDENCE INFORMATION

i ATTORNEY I Laura M. Konkel

I CORRESPONDENCE ADDRESS LAURA M. KONKEL MICHAEL BEST & FRIEDRICH LLP

I 100 EAST WISCONSIN AVENUE, SUITE 3300 MILWAUKEE, WI 53202

I DOMESTIC REPRESENTATIVE Laura M. Konkel --

I PRIOR OWNER INFORMATION


I NAME I Dolce Co. Invest Inc.


I ENTITY I 03-CORPORA TION

I CITIZENSHIP I Virgin Islands, British

IMMORTAL HERO

SHIRAZ 7SOML

$9.99

-_, ·- .

IMMORTAL HERO ,,,.._ llERLOT 7 30ML

$9.99

Under the Papervwrk Reduction Act of 1995 no persons are required to respond to a collection of infonnation unless it displays a valid OMB control number. PTO Form 1553 (Rev 0912005)

OMB No_ 0651-0054 (Exp 10/3112017)



Input Field

SERIAL NUMBER

I LA w OFFICE ASSIGNED

I EXTENSION OF USE

I MARK SECTION

I MARK

I LITERAL ELEMENT

STA~DARD CHARACTERS

I USPTO-GENERATED IMAGE

I MARK STATEMENT

I OWNER SECTION

NAME

I INTERL'IAL ADDRESS

l sTREET

CITY

I ZIP/POSTAL CODE

l coUNTRY

I GOODS AND/OR SERVICES SECTION

INTERNATIONAL CLASS

CURRENT IDENTIFICATIO:r\

GOODS OR SERVICES

FIRST USE ANYWHERE DATE

FIRST USE IN COMMERCE DATE

SPECIMEN FILE NAME(S)

I SPECIMEN DESCRIPTION

I REQUEST TO DIVIDE

I PAYMENT SECTION

I NUMBER OF CLASSES IN USE

SUBTOTAL AMOU:r\T [ALLEGATION OF USE FEE]

I TOTAL AMOUNT

Entered

87075193

I LAW OFFICE 107

NO

https:/ /tmng-al. uspto.gov/resting2/api/img/8 707 5193/large

I IMMORTAL HERO

YES

YES


I Dolce Co. Invest Inc.

I P.O. Box 985

I Wickham's Cay l

I Road Town, Tortola

VGl llO

I British Virgin Islands

033

Wine

I KEEP ALL LISTED

I 0510012016

I 0510012016

\\TICRS\EXPORTl 7\IMAGEOUT 17\870\751 \87075 193\,xml9\ SOU0002J PG

a photo of the mark displayed on wine bottles

NO

100

100

i SIGNATURE SECTION

I

I DECLARATION SIGNATURE I /Laura M. Konkel/

I SIGNATORY'S NAME I Laura M. Konkel

I SIGNATORY'S POSITION Attorney of Record, Wisconsin bar member

DATE SIGNED I 07/25/2017

I SIGNATORY'S PHONE NUMBER 1608-257-3501

I FILING INFORMATION

I SUBMIT DATE I Tue Jul 25 15:02:48 EDT 2017

I USPTO/SOU-XX.XX.XXX.XXX-2 0170725150248491265-87075 l 93-510625 l abcf25c63f9 5 lc

TEAS STAMP ebc585f3 6762407d86cd2d254 2b667e5 f4 l 92d8a8fd l-CC-15 33-20170725123946090979

Under the Pape1work Reduction Act of 1995 no persons are required to respond to a collection ofinfonnation unless it displays a valid OMB control number. PTO Form 1553 (Rev 0912005)

OMB No. 0651-0054 (Exp 10/3112017)


To the Commissioner for Trademarks: MARK: IMMORTAL HERO(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87075 l 93/large) SERIAL NUMBER: 87075 193

The applicant, Dolce Co. Invest Inc., having an address of P 0 Box 985 Wickham's Cay l Road Town, Tortola, VG 1110 British Virgin Islands

is submitting the following allegation of use information:

For International Class 033: Current identification: Wine

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/00/2016, and first used in commerce at least as early as 05/00/2016, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) a photo of the mark displayed on wine bottles. Specimen File l

The applicant is not filing a Request to Divide with this Allegation of Use form.

A fee payment in the amount of$100 will be submitted with the form, representing payment for the allegation of use for l class.

Declaration

The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons. to cause confosion or mistake, or to deceive.

To the best of the signatory's knowledge, information, and belief, fonned after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.

The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C §

1001, and that such willful fa lse statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on infonnation and belief are believed to be true.

Signature: /Laura M. Konkel/ Date Signed: 07/25/2017 Signatory's Name: Laura M. Konkel Signatory's Position: Attorney of Record, Wisconsin bar member Signatory's Phone: 608-257-3501

RAM Sale Number: 87075 193 RAM Accounting Date: 07/26/201 7

Serial Number: 87075 193 Internet Transmission Date: Tue Jul 25 15:02:48 EDT 2017 TEAS Stamp USPTO/SOU-XX.XX.XXX.XXX-2017072515024849 1265-87075193-510625 labcf25c63f95 lcebc58 5f36762407 d86cd2d2542b667e5f4192d8a8fdl CC-1533-20 l 70725 l 23946090979

SHIRAZ 7SOML

$9.99

-_, ·- .

IMMORTAL HERO ,,,.._ llERLOT 7 30ML

$9.99

FEE RECORD SHEET Serial Number: 87075193

11111111111111111111111111111111111111111111111111

RAM Sale Number: 87075193 Total Fees: $100

RAM Accounting Date: 20170726


Statement of Use (SOU) 7003 20170725 $100 1 $100

Transaction Date: 20170725

11111111111111111111111111111111111111111111111111

From:

Sent: To:

[email protected]

Tuesday, February 7, 2017 00:08 AM [email protected]

Subject: Official USPTO Notice of Allowance: U.S. Trademark SN 87075193: IMMORTAL HERO: DockeUReference No. 064357-9107

U.S. Serial Number: 87075193 Mark: IMMORTAL HERO Docket/Reference Number: 064357-9107

NOTICE OF ALLOWANCE (NOA)

ISSUE DATE: Feb 7, 2017

No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline.

SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally); OR An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued. The deadline for filing is always calculated from the issue date of the NOA.

How to file SOU and/or Extension Request: Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available on line at https://www.uspto.gov/trademarks-applicationprocess/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information. If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see https://www.uspto.gov/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process.

FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.

REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit. Please use the "Post-Publication Amendment" form under the "POST-APPROVAL/PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) AMENDMENT FORMS" category, available at https://www.uspto.gov/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa. Do NOT reply to this e-mail, as e-mailed fil ings will NOT be processed.

Serial Number: Mark: Docket/Reference Number: Owner:

Correspondence Address:

87075193 IMMORTAL HERO 064357-9107 Dolce Co. Invest Inc. P.O. Box 985 Wickham's Cay 1 Road Town, Tortola , BR.VIRGIN ISLANDS VG1 11 0 LAURA M. KONKEL MICHAEL BEST & FRIEDRICH LLP 100 EAST WISCONSIN AVENUE, SUITE 3300 MILWAUKEE, WI 53202

This application has the following bases, but not necessarily for all listed goods/services: Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

033 - Wine -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.

Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here.

Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration. The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the

lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation.

Additional information: For information on filing and maintenance requirements for U .S . trademark applications and registrations and required fees, please consult the USPTO website at https://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checkin g status: To check the status of this application, go to https://tsdr.uspto.gov/#caseNumber=87075193&caseSearchType=US APPLICATION&caseType=SERIAL NO&searchType=statusSearch or contact the Trademark Assistance Center at 1-800-786-9199. Please check the status of any application at least every three (3) months after the application fil ing date.

To view this notice and other documents for this application on-line, go to https://tsdr.uspto.gov/#caseNumber=87075193&caseSearchType=US APPLICATION&caseType=SERIAL NO&searchType=documentSearch. NOTE: This notice will only be available on-l ine the next business day after receipt of this e-mail.

From: [email protected]

Tuesday, December 13, 2016 00:48 AM [email protected]

Sent: To:

Subject: Official USPTO Notice of Publication Confirmation: U.S. Trademark SN 87075193: IMMORTAL HERO: Docket/Reference No. 064357-9107

TRADEMARK OFFICIAL GAZETTE PUBLICATION CONFIRMATION

U.S. Serial Number: 87075193 Mark: IMMORTAL HERO International Class(es): 033 Owner: Dolce Co. Invest Inc. Docket/Reference Number: 064357-9107

The mark identified above has been published in the Trademark Official Gazette (TMOG) on Dec 13, 2016.

To Review the Mark in the TMOG:

Click on the following link or paste the URL into an internet browser: https://tmog.uspto.gov/#issueDate=2016-12-13&serialNumber=87075193

On the publication date or shortly thereafter, the applicant should carefully review the information that appears in the TMOG for accuracy. If any information is incorrect due to USPTO error, the applicant should immediately email the requested correction to [email protected]. For applicant corrections or amendments after publication, please file a post publication amendment using the form available at http://teasroa.uspto.gov/ppa/. For general information about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

Significance of Publication for Opposition:

Any party who believes it will be damaged by the registration of the mark may file a notice of opposition (or extension of time therefor) with the Trademark Trial and Appeal Board. If no party files an opposition or extension request within thirty (30) days after the publication date, then eleven (11 ) weeks after the publication date a notice of allowance (NOA) should issue. (Note: The applicant must file a complete Statement of Use or Extension Request with the required fees within six (6) months after the NOA issues to avoid abandonment of the application.)

To check the status of the application, go to http://tsdr.uspto.gov/#caseNumber=87075193&caseType=SERIAL NO&searchType=statusSearch or contact the Trademark Assistance Center at 1-800-786-9199. Please check the status of the application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go to http://tsdr.uspto.gov/#caseNumber=87075193&caseType=SERIAL NO&searchType=documentSearch. NOTE: This notice will only become available on-line the next business day after receipt of this e-mail.

UNITED STATES PATENT AND TRADEMARK OFFICE

Nov 23, 2016

NOTICE OF PUBLICATION

1. Serial No.: 87-075, 193

3. International Class(es): 33

4. Publication Date: Dec 13, 2016

2. Mark: IMMORTAL HERO (STANDARD CHARACTER MARK)

5. Applicant: Dolce Co. Invest Inc.

Commissioner for Trademarks P.O. Box 1451

Alexandria, VA 22313-1451 www.uspto.gov

The mark of the application identified appears to be entitled to registration. The mark will, in accordance with Section 12(a) of the Trademark Act of 1946, as amended, be published in the Official Gazette on the date indicated above for the purpose of opposition by any person who believes he will be damaged by the registration of the mark. If no opposition is filed within the time specified by Section 13(a) of the Statute or by rules 2.101 or 2.102 of the Trademark Rules, the Commissioner of Patents and Trademarks may issue a notice of allowance pursuant to section 13(b) of the Statute.

Copies of the trademark portion of the Official Gazette containing the publication of the mark may be obtained from:

By direction of the Commissioner.

Email Address(es):

[email protected]

The Superintendent of Documents U.S. Government Printing Office PO Box 371954 Pittsburgh, PA 15250-7954 Phone: 202-512-1800

From:

Sent: To:

Subject:

[email protected]

Wednesday, November 23, 2016 04:11 AM [email protected]

Official USPTO Notification of Notice of Publication: U.S. Trademark SN 87075193: IMMORTAL HERO: DockeUReference No. 064357-9107

NOTIFICATION OF "NOTICE OF PUBLICATION"

Your trademark application (Serial No. 87075193) is scheduled to publish in the Official Gazette on Dec 13, 2016. To preview the Notice of Publication, go to http://tdr.uspto.gov1search.action?sn=87075193. If you have difficulty accessing the Notice of Publication, contact [email protected].

PLEASE NOTE: 1. The Notice of Publication may not be immediately available but will be viewable within 24 hours of this e-mail notification. 2. You will receive a second e-mail on the actual "Publication Date," which will include a link to the issue of the Official Gazette in which the mark has published.

Do NOT hit "Reply" to this e-mail notification. If you have any questions about the content of the Notice of Publication, contact [email protected].

I SERIAL NUMBER

I REG NUMBER

I REGISTER

I 1NTL REG#

TM ATTORNEY

RUN DATE

PUB DATE

I STATUS

I STATUS DATE


I DATE ABANDONED

I SECTION 2F

SECTION 8

SECTION 15

I RENEWAL FILED

DATE AMEND REG

FILED BASIS

1 (a)

1 (b)

44D

44E

66A

NO BASIS



MARK DRAWING CODE

COLOR DRAWING FLAG

I PARTY TYPE


OVERVIEW


I REG DATE 0000000


I 1NTL REG DATE NIA


PUB INFORMATION

1012112016

NIA

1680-APPROVED FOR PUBLICATION

1012012016

I IMMORTAL HERO




NO REPUB 12C

NO I RENEWAL DATE

NIA

FILING BASIS

I CURRENT BASIS

NO I 1 (a) NO

YES I 1 (b) YES

NO I 44D NO

NO I 44E NO

NO NO 66A

NO NO BASIS NO

MARK DATA

YES

IMMORTAL HERO

I I 1 (a)

I 1 (b)

I 44D

I 44E


NO



0611712016

NIA

TRADEMARK

NIA

107

NIA

NO

NO

NIA

NIA

AMENDED BASIS

NO

NO

NO

NO


I ADDRESS P.O. Box 985 Wickham's Cay 1 Road Town, Tortola, VG1 110



GOODS AND SERVICES




INTERNATIONAL I 033 I FIRST USE DATE I NONE FIRST USE IN


DATE




PROSECUTION HISTORY


I 1 0/20/2016 I CNSA I p I APPROVED FOR PUB - PRINCIPAL REGISTER I 011

I 10/19/2016

~R= TEAS/EMAIL CORRESPONDENCE ENTERED I 010

10/18/2016 I CORRESPONDENCE RECEIVED IN LAW OFFICE I 009

10/18/2016 I TROA I TEAS RESPONSE TO OFFICE ACTION RECEIVED I 008

I 09/14/2016 I GNRN 0 I NOTIFICATION OF NON-FINAL ACTION E-MAILED I 007

I 09/14/2016 I GNRT F I NON-FINAL ACTION E-MAILED I 006

I 09/14/2016 I CNRT R I NON-FINAL ACTION WRITTEN I 005

I 09/12/2016 I DOCK D I ASSIGNED TO EXAMINER I 004

06/23/2016 Fl§= E NOTICE OF PSEUDO MARK E-MAILED I 003

06/22/2016 I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM I 002 s

06/21 /2016 I NWAP I I NEW APPLICATION ENTERED IN TRAM I 001

CURRENT CORRESPONDENCE INFORl\tIATION

I ATTORNEY I Laura M. Konkel

I CORRESPONDENCE ADDRESS LAURA M. KONKEL MICHAEL BEST & FRIEDRICH LLP 100 EAST WISCONSIN AVENU E, SUITE 3300 MILWAUKEE, WI 53202

DOMESTIC REPRESENTATIVE Laura M. Konkel

IMMORTAL HERO

I SERIAL NUMBER

I REG NUMBER

I REGISTER

I 1NTL REG#

TM ATTORNEY

RUN DATE

PUB DATE

I STATUS

I STATUS DATE


I DATE ABANDONED

I SECTION 2F

SECTION 8

SECTION 15

I RENEWAL FILED

DATE AMEND REG

FILED BASIS

1 (a)

1 (b)

44D

44E

66A

NO BASIS



MARK DRAWING CODE

COLOR DRAWING FLAG

I PARTY TYPE

Trademark Snap Shot Amendment & Mail Processing Stylesheet (Table presents the data on Amendment & Mail Processing Complete)

OVERVIEW


I REG DATE 0000000


I 1NTL REG DATE NIA


PUB INFORMATION

1012012016

NIA

1661 -RESPONSE AFTER NON-FINAL-ACTION-ENTERED

1011912016

I IMMORTAL HERO




NO REPUB 12C

NO I RENEWAL DATE

NIA

FILING BASIS

I CURRENT BASIS I NO I 1 (a) NO I 1 (a)

YES I 1 (b) YES I 1 (b)

NO I 44D NO I 44D

NO I 44E NO I 44E

NO NO 66A

NO NO BASIS NO

MARK DATA

YES

IMMORTAL HERO


NO



0611712016

NIA

TRADEMARK

NIA

107

NIA

NO

NO

NIA

NIA

AMENDED BASIS

NO

NO

NO

NO





GOODS AND SERVICES




INTERNATIONAL I 033 I FIRST USE DATE I NONE FIRST USE IN


DATE




PROSECUTION HISTORY


I 10/19/2016 I TEME I I I TEAS/EMAIL CORRESPONDENCE ENTERED I 010

I 10/18/2016

~R= CORRESPONDENCE RECEIVED IN LAW OFFICE I 009

10/18/2016 I TEAS RESPONSE TO OFFICE ACTION RECEIVED I 008

09/14/2016 I GNRN 0 NOTIFICATION OF NON-FINAL ACTION E-MAILED I 007

I 09/14/2016 I GNRT F I NON-FINAL ACTION E-MAILED I 006

I 09/14/2016 I CNRT R I NON-FINAL ACTION WRITTEN I 005

I 09/12/2016 I DOCK D I ASSIGNED TO EXAMINER I 004

I 06/23/2016 I MPMK E I NOTICE OF PSEUDO MARK E-MAILED I 003

06/22/2016 NWOS I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM I 002

06/21 /2016 NWAP I I NEW APPLICATION ENTERED IN TRAM I 001

CURRENT CORRESPONDENCE INFOR.t"1ATION

ATTORNEY Laura M. Konkel

CORRESPONDENCE ADDRESS LAURA M. KONKEL MICHAEL BEST & FRIEDRICH LLP 100 EAST WISCONSIN AVENUE, SUITE 3300 MILWAUKEE, WI 53202

DOMESTIC REPRESENTATIVE Laura M. Konkel

IMMORTAL HERO


OMB No_ 0651-0050 (Exp 07/3112017)

Input Field

I SERIAL NUMBER

I LA w OFFICE ASSIGNED

MARK SECTION

MARK

LITERAL ELEMENT

STANDARD CHARACTERS

USPTO-GENERATED IMAGE

MARK STATEMENT

ARGUMENT(S)

Please see the evidence section.

EVIDENCE SECTION

EVIDENCE FILE NAME(S)

ORIGINAL PDF F ILE

CONVERTED PDF FILE(S) (7 pages)

I DESCRIPTIO:o.' OF EVIDENCE FILE

Response to Office Action


Entered

87075 193

LAW OFFICE 107

http ://tmng-al.uspto.gov/resting2/api/img/87075 I 93/large

IMMORTAL HERO

YES

YES


evi 6473 113252-20161018222254594037 19814612 10-18-16 Response Immortal Hero.PDF

\\TICRS\EXPORT 17\IMAGEOUT 17\870\75 I \87075 I 93\xml2\ROA0002.JPG

\ \ TICRS\EXPORT I 7\IMAGEOUT I 7\870\ 75 1\87075 I 93\xml2\ROA0003 .JPG

\\ TICRS\EXPORT I 7\IMAGEOUT I 7\8 70\ 75 1\87075 I 93\xml2\ROA0004.JPG

I \\TICRS\EXPORTI 7\IMAGEOUTI 7\870\75 1\87075 193\xml2\ROA0005 .JPG

\ \ TICRS\EXPORT I 7\IMAGEOUT I 7\870\ 75 1\87075 l 93\xml2\ROA0006.JPG

\\TICRS\EXPORT 17\IMAGEOUT 17\870\75 1\87075 193\xml2\ROA0007.JPG

I \\TICRS\EXPORTI 7\IMAGEOUTI 7\870\75 l \87075 193\xml2\ROA0008.JPG

Response and exhibit that consists ofTSDR records.

GOODS AND/OR SERVICES SECTION (current)

INTERNATIONAL CLASS 033

DESCRIPTION I Alcoholic beverages except beers

FILING BASIS Section I (b)

GOODS AND/OR SERVICES SECTION (proposed)

INTERl\"ATIONAL CLASS 033

TRACKED TEXT DESCRIPTION

Aleehelie be ,·ernges e,teef'I beers; Wine

I FINAL DESCRIPTION I Wine

I FILING BASIS Section l (b)

SIGNATURE SECTION

I RESPONSE SIGNATURE I /Laura M. Konkel/

I SIGNATORY'S NAME I Laura M. Konkel

I SIGNATORY'S POSITION I Attorney of Record, WI Bar Member

I DATE SIGNED I 0/18/2016

I AUTHORIZED SIGNATORY YES

FILING INFORMATION SECTION

I SUBMIT DA TE Tue Oct 18 22:25:41EDT201 6

USPTO/ROA-XX.XX.XXX.XXX-2 0161018222541906145-87075

TEAS STAMP 193-57063873eec31564e5898 7665cba385d334ca86349197b 1effcf82d58744aa-N/ A-NI A-201610 18222254594037

Under the Pape1work Reduction Act of 1995 no persons are required to respond to a collection of infonnation unless it displays a valid OMB control number. PTO Form 1957 (Rev 1012011)

OMS No 0651-0050 (Exp 0713112017)

Response to Office Action To the Commissioner for Trademarks:

Application serial no. 87075193 IMMORTAL HERO(Standard Characters, see http://tmng-al.uspto.gov/resting2/api/img/87075 l 93/large) has been amended as follows:

ARGUMENT(S) In response to the substantive refusal(s), please note the following:

Please see the evidence section.

EVIDENCE Evidence in the nature of Response and exhibit that consists of TSDR records. has been attached. Original PDF file: evi 6473 11 3252-20161018222254594037 198 14612 10-18-16 Response - Immortal Hero.PDF Converted PDF file(s) ( 7 pages) Evidence- ! Evidence-2 Evidence-3 Evidence-4 Evidence-5 Evidence-6 Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES Applicant prnposes to amend the following class of goods/ser vices in the application: Current: Class 033 for Alcoholic beverages except beers Original Filing Basis: Filing Basis: Section l(b ), Intent to Use: For a trademark or service mark appliaition: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in cormection with the identified goods/services in the application. For a

collective trademark, collective service mark, or collective membership mai* application: As of the application fi ling date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mai* application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed: Tracked Text Description: Ale6tt61ie be .-ersge~ e.cee!'I beers; Wine

Class 033 for Wine Filing Basis: Section l(b ), Intent to Use: For a trademar* or service mar* application: As of the application fi ling date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademar*, collective service mai*, or collective m embership mar* application: As of the application fi ling date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S) Response Signature Signature: /Laura M. Konkel/ Date: 10/18/2016 Signatory's Name: Laura M. Konkel Signatory's Position: Attorney of Record, WI Bar Member

The signatory has confirn1ed that he/she is an attorney who is a member in good standing of the bar of the highest court of a US. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions: and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the US PTO; (2) the US PTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

Serial Number: 87075193 Internet Transmission Date: Tue Oct 18 22:25:41 EDT 2016 TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-20161018222541 90 6145-87075193-57063873eec31564e58987665c ba385d334ca86349 l 97b l effcf82d587 44aa-N/ A - /A-20161018222254594037

Application 87075193 - IMM ORTAL HERO

LIKELI HOOD OF CONFUSION REFUSAL

Applicant's IM MORTAL HERO mark was refused based on Registrat ion No. 4339085 for

IMMORTAL SPIRITS & DISTILLI NG COMPANY & Design for "Distilled Spirits."

ln1n1011a[ $J.irits & Distilling ([onyiany

Applicant disagrees that a likelihood of confusion exists.

Applicant is amending its goods from "alcoholic beverages except beers" to "wine."

Other IM MORTAL t rademark registrations for w ine already coexist w ith the cited regist ration:

Mark No. Goods Owner

8 IMMORTALS 4456107 (Int ' I Class: 33) aperitif w ines; aperit ifs Rea l, Joselit o G.

w ith a w ine base; cooking w ine; fortified w ines; fru it w ine; grape w ine;

honey w ine; kits for making w ine;

korean traditiona l rice w ine; natural

sparkling w ines; port w ines; prepared

w ine cockta il s; red w ine; red w ines;

rose wine; sparkling fru it w ine;

sparkling grape wine; sparkl ing w ines; sti ll w ines; strawberry w ine; sweet

w ines; table w ines; t onic sweet grape

w ine containing extracts from ginseng

and conchona bark (ninJin-kinatetsu

w ine); wh it e wi ne; w ine; w ine coo lers;

Application 87075193 - IMMORTAL HERO

Mark No. Goods Owner

wine punch; wine punches; w ine-

based beverage, namely, piquette; w ine-based drinks; wines; wines and fort ified w ines; w ines and liqueurs; w ines and sparkling wines

THE IMMORTAL 4205173 (lnt' I Class: 33) w ines Peirano Estate ZIN Vineyards

Exhibit A. Applicant's IMMORTAL HERO mark is just as distinguishable from the cited

registration as t hese marks so it can also safely coexist w it hout causing a likelihood of consumer

confusion. Applicant therefore asks the Examin ing Attorney to w ithdraw the refusa l.

EXHIBIT A


Mark: 8 IMMORTALS

US Serial Number: 85705858

US Registration 4456107 Number:

Filed as TEAS Yes Plus:

Register: Principal

Mark Type: Trademark

TM5 Common Status Descriptor:

Application Filing Aug. 16, 2012 Date:

Registration Date: Dec. 24, 2013


LIVE/REGISTRATION/Issued and Active

8 Immortals

The trademark application has been registered with the Office.


Status Date: Dec. 24, 2013

Publication Date: Jan. 22, 2013

Mark Literal 8 IMMORTALS Elements:

Notice of Mar. 19, 2013 Allowance Date:

Mark Information



Goods and Services Note: The following symbols indicate that the registranl/owner has amended the goodslservices:

• Brackets ( .. ] indicate deleted goods/services; • Double parenthesis(( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks"' .. * identify add itional (new) wording in the goods/services.

For: Aperitif wines; Aperitifs with a wine base; Cooking wine; Fortified wines; Fruit wine; Grape wine; Honey wine; Kits for making wine; Korean traditional rice wine; Natural sparkling wines; Port wines; Prepared wine cocktails; Red wine; Red wines; Rose wine; Sparkling fruit wine; Sparkling grape wine; Sparkling wines; Still wines; Strawberry wine; Sweet wines; Table wines; Tonic sweet grape wine containing extracts from ginseng and conchona bark {ninjln-kinatetsu wine); White wine; Wine; Wine coolers; Wine punch; Wine punches; Wine-based beverage, namely, piquette; Wine-based drinks; Wines; Wines and fortified wines; Wines and liqueurs; Wines and sparkling wines



Basis: 1(a)

First Use: Aug. 07, 2012

Filed Use: No

Filed ITU: Yes

Filed 44D: No

Filed 44E: No

Filed 66A: No

u.s Class(es): 047, 049

Use in Commerce: Dec. 31 , 2012


Currently Use: Yes

Currently ITU: No

Cu rrently 440: No

Currently 44E: No

Currently 66A: No

Amended Use: No

Amended ITU: No

Amended 440: No

Amended 44E: No

Filed No Basis: No Currently No Basis: No


Owner Name: Real, Josel1to G.

Owner Address: 2109 Sander St Woodland, CALIFORNIA UNITED STATES 95776

Lega l Entity Type: INDIVIDUAL Citizenship: UNITED STATES


Attorney of Record - None

Correspondent

Correspondent REAL, JOSELITO G. Name/Address: 2109 SANDER ST

WOODLAND, CALIFORNIA UNITED STATES 95776-5389

Phone: 530-219-7379 Fax: 916-638-9326

Correspondent e- [email protected] [email protected] mail: vtiangco@gmail .com [email protected]


Date

Dec 24, 2013

Nov. 21, 2013

Nov. 20, 2013

Nov. 20, 2013

Oct. 31 . 2013

Oct. 25. 2013

Oct. 24, 2013

Sep. 18, 2013

Oct. 24. 2013

Sep. 18, 2013

Oct. 23. 2013

Sep. 18, 2013

Sep. 18, 2013

Mar. 19, 2013

Jan. 22, 2013

Jan. 22. 2013

Jan. 02, 2013

Dec. 13, 2012

Dec. 12, 2012

Aug. 25, 201 2

Aug. 24, 2012

Aug. 20, 2012

Domestic Representative • Not Found

Prosecution History

Description



LAW OFFICE REGISTRATION REVIEW COMPLETED

ASSIGNED TO LIE


NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED


USE AMENDMENT FILED

EXTENSION 1 GRANTED

EXTENSION 1 FILED


TEAS EXTENSION RECEIVED








NOTICE OF PSEUDO MARK MAILED





File Location

Current Location: PUBLICATION ANO ISSUE SECTION Date in Location: Nov. 20. 2013

Proceeding Number

77312

77312

66230

66230

66230

66230

66230

78450


Mark: THE IMMORTAL ZIN

US Serial Number:


Filed as TEAS Plus:

Register:

Mark Type:

85520353

4205173

Yes

Principal

Trademark

Application Filing Jan. 19, 2012 Date:

Registration Date: Sep. 11 , 2012


THE IMMORTAL ZIN

Status: Registered. The registration date is used to determine when post·registration maintenance documents are due.

Status Date: Sep. 11 , 2012

Publication Date: Jun. 26, 2012

Mark Literal THE IMMORTAL ZIN Elements :

Mark Information

Standard Character Yes_ The mark consists of standard characters without claim to any particular font style, size, or color Claim:


Disclaimer: "ZIN"

Goods and Services Note: The following symbols indicate that the registranuowner has amended the goods/services:

• Brackets [ .. ] indicate deleted goods/services; • Double parenthesis(( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability: and • Asterisks .. " identify additional (new) wording in the goods/services_

For: Wines

International 033 ·Primary Class Class(es):


Basis: 1(a)

First Use: Dec. 30, 2009

Filed Use: Yes

Filed ITU: No

Filed 440: No

Filed 44E: No

Filed GGA: No

Filed No Basis: No

Owner Name: Peirano Estate V ineyards

U.S Class(es): 047, 049

Use In Commerce: Dec. 30, 2009


Currently Use: Yes

Currently ITU: No

currently 44D: No

Currently 44E: No

Currently GGA: No



Composed of: Lance C. Randolph, a United States citizen

Amended Use: No

Amended ITU: No

Amended 44D: No

Amended 44E: No

Owner Address: P_O_ Box 1992 Lodi, CALIFORNIA 95241 UNITED STATES

Lega l Entity Type: SOLE PROPRIETORSHIP State or Country CALIFORNIA Where Organized:


Attorney or Record

Attorney Name: Paulette R. Carey


Attorney Email No Authorized:

Correspondent

Correspondent PAULEITE R. CAREY Name/Address: BUCHMAN LAW FIRM, LLP

510 THORNALL ST STE 200 EDISON, NEW JERSEY 08837-2204 UNITED STATES

Phone: 732-632-6060 Fax: 732-632-8760

Correspondent e- [email protected] mail:


Date

Sep. 11 , 2012

Jun. 26, 2012

Jun. 26, 2012

Jun. 06, 2012

May 21, 2012

May 20, 2012

May 03, 2012

May 03, 2012

May 03. 2012

May 03, 2012

May 03, 2012

Apr. 30. 2012

Apr. 30, 201 2

Apr. 30. 2012

Apr. 26, 2012

Jan. 24, 2012

Jan. 23. 2012

Domestic Representative · Not Found

Prosecution History

Description





LAW OFFICE PUBLICATION REVIEW COMPLETED

ASSIGNED TO LIE


EXAMINER'S AMENDMENT ENTERED

NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED

EXAMINERS AMENDMENT E-MAILED

EXAMINERS AMENDMENT -WRIITEN

NOTIFICATION OF NON-FINAL ACTION E-MAILED

NON-FINAL ACTION E-MAILED







Fiie Location

Current Location: PUBLICATION AND ISSUE SECTION Date In Location: Sep. 11, 2012

Proceeding Number

67287

67287

88888

6328

6328

77979

6325

6325

77979

77979

To: Dolce Co. Invest Inc. ([email protected])

Subject: U.S. TRADEMARK APPLICATION NO. 87075193 - IMMORTAL HERO - 064357-9107

9/14/2016 4:25:02 PM Sent:

Sent As:

Attachments:

[email protected]

Attachment - 1 Attachment - 2 Attachment - 3

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT'S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 87075193

MARK: IMMORTAL HERO

CORRESPONDENT ADDRESS: LAURAM. KONKEL

MICHAEL BEST & FRIEDRICH LLP

I 00 EAST WISCONSIN AVENUE, SUITE 3300

MILWAUKEE, WI 53202

APPLICANT: Dolce Co. Invest Inc.

CORRESPONDENT'S REFERENCEillOCKET NO :

064357-9107

CORRESPONDENT E-MAIL ADDRESS:

[email protected]

*87075193* CLICK HERE TO RESPOND TO THIS LETTER:

http ://www.uspto.gov/trndemarks/ft>asll'esponse forms.jsp

VIEW YOUR APPLICATION FILE

OFFICE ACTION

STRICT DEADLINE TO RESPOND TO THIS LETTER TO A VOID ABANDONMENT OF APPLICANT'S TRADEMARK APPLICATION, THE US PTO MUST RECEIVE APPLICANT'S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE: 9/14/2016

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1 062(b); 37 C.FR. §§2.62(a), 2.65(a); TMEP §§71 1, 718.03.

Refusal - Likelihood of Confusion with Registered Mark

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 4339085. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registration.

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a potential consumer would be confused, mistaken, or deceived as to the source of the goods of the applicant and registrant. See 15 U.S.C_ §1052(d)_ A determination of likelihood of confusion under Section 2(d) is made on a case-by case basis and the factors set forth in In re E. 1 du Pont de Nemours & Co., 476 F.2d 1357, 1361 , 177 USPQ 563, 567 (C.C.P.A. 1973) aid in this detennination. Citigroup Inc. v. Capital City Bank Gip., Inc. , 637 F.3d 1344, 1349, 98 USPQ2d 1253 , 1256 (Fed. Cir. 20 11) (citing On-Line Careline, Inc. v. Am. Online, Inc. , 229 F.3d 1080, 1085, 56 USPQ2d 1471 , 1474 (Fed. Cir. 2000)). Not all the du Pont factors, however, are necessarily relevant or of equal weight, and any one of the factors may control in a given case, depending upon the evidence of record. Citigroup Inc. v. Capital City Bank Gip., Inc., 637 F.3d at 1355, 98 USPQ2d at 1260; In re Majestic Distilling Co., 315 F.3d 1311, 13 15, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); seeinreE.1 du Pont de Nemours & Co., 476 F.2dat 1361-62, 177 USPQ at 567.

In this case, the following factors are the most relevant: similarity of the marks, similarity and nan1re of the goods, and similarity of the trade channels of the goods_ See In re Viterra Inc., 67 1 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed_ Cir. 2012); In re Dakin 's Miniatures Inc., 59 USPQ2d 1593, 1595-96 (TTAB 1999); TMEP §§1207.01 et seq.

The cited mark IMMORTAL SPIRITS & DISTILLING COMPANY (stylized with raven design) is used on distilled spirits. Applicant' s mark IMMORTAL HERO will be used on alcoholic beverages except beer.

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression. Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 132 1, 110 USPQ2d 1157, 1160 (Fed_ Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot PonsardiJJ Maison FoJJdee EJJ 1772, 396 F. 3d 1369, 1371 , 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.0 l (b)-(b)(v)_ "Similarity in any one of these elements may be sufficient to find the marks confusingly similar." In re Davia, 110 USPQ2d 1810, 1812 (TT AB 2014) (citing In re 1st USA Realty Prof'Js, Inc., 84 USPQ2d 158 1, 1586 (TTAB 2007)); In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988)); TMEP §1207.0l(b)_

In this case, the first and dominant tenn in both marks is IMMORTAL. Although marks are compared in their entireties, one feature ofa mark may be more significant or dominant in creating a commercial impression. See In re Viterra Inc., 67 1 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Nat 'J Data Co1p. , 753 F.2d 1056, 1058, 224 USPQ 749, 75 1 (Fed Cir. 1985); TMEP §1207.0l(b)(viii), (c)(ii). Disclaimed matter that is descriptive of or generic for a party's goods is typically less significant or less dominant when comparing marks. See In re Dixie Rests., Inc. , l 05 F.3d 1405, 1407, 41 USPQ2d 153 1, 1533-34 (Fed. Cir. 1997): In re Nat 'I Data Co1p., 753 F.2d at l 060, 224 USPQ at 752; TMEP §1207 .0l(b)(viii), (c)(ii).

The literal portions of the marks are dominated by the shared tenn IMMORTAL. Although marks must be compared in their entireties, the word portion generally may be the dominant and most significant fean1re of a mark because consumers will request the goods using the wording_ See In re ViteJTa Inc., 671 F.3d 1358, 1362, 1366, 101 USPQ2d 1905, 1908, 19 11 (Fed_ Cir. 201 2); In re Davia, 110 USPQ2d 1810, 1813 (TTAB 2014)_ For this reason, greater weight is often given to the word portion of marks when detem1ining whether marks are confusingly similar. Joel Gott Wines, LLC v. Rehoboth Von Gott, Inc., 107 USPQ2d 1424, 1431 (TTAB 2013) (citing In re Dakin 's Miniatures, Inc. , 59 USPQ2d 1593, 1596 (TTAB 1999)); TMEP §1207.0l (c)(ii).

With respect to applicant's and registrant's goods, the question of likelihood of confusion is determined based on the description of the goods stated in the application and registration at issue, not on extrinsic evidence of actual use. See Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 13 17, 1323, 110 USPQ2d 11 57, 1162 (Fed. Cir. 2014) (quoting Octocom Sys. Inc. v. Haus. ComputersServs. Inc., 918 F.2d 937, 942, 16 USPQ2d 1783, 1787 (Fed. Cir. 1990)).

In this case, the identifications set forth in the application and registration have no restrictions as to nature, type, channels of trade, or classes of purchasers. Therefore, it is presumed that these goods "travel in the same channels of trade to the same class of purchasers_" In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905 , 1908 (Fed Cir. 20 12) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281F.3d1261, 1268, 62 USPQ2d 1001 , 1005 (Fed. Cir. 2002))- Further, both parties ' identifications of goods are extremely broadly worded, and is presumed to encompass all goods of the type described, including those in the other's identification. See In re Jump Designs, LLC, 80 USPQ2d 1370, 1374 (TTAB 2006) (citing In re Elbaum, 211 USPQ639, 640 (TTAB 1981)).

Various alcoholic beverages have been shown to be related goods for purposes of a Trademark Act Section 2(d) analysis_ In re Chatam Int '] Inc., 380 F.3d 1340, 71 USPQ2d 1944 (Fed. Cir. 2004) 01olding GASPAR' S ALE for beer and ale likely to be confused with JOSE GASPAR GOLD for tequila); In re Majestic Distilling Co., 315 F.3d 1311 , 65 USPQ2d 1201 (Fed. Cir. 2003) (holding RED BULL for tequila likely to be confused with RED BULL for malt liquor): In re Saiierbrau Franz Saile1; 23 USPQ2d 17 19 (TTAB 1992) (holding CHRISTOPHER COLUMBUS for beer likely to be confused with CRISTOBAL COLON & design for sweet wine); Somerset Distilling, Inc. v. Speymalt Whiskey Distribs. Ltd. , 14 USPQ2d 1539 (TTAB 1989) (holding JAS. GORDON and design for scotch whiskey likely to be confused with GORDON'S for distilled gin and vodka); Schieffelin & Co. v. Molson Cos., 9 USPQ2d 2069 (TTAB 1989) (holding BRAS D'OR for brandy likely to be confused with BRADOR for beer); Bureau Nat'J Inte1professioJJnel Du Cognac v. Int '] Better Drinks Corp. , 6 USPQ2d 1610 (TTAB 1988)

(holding trademark COLAGNAC for cola flavored liqueur likely to be confused with certification mark COGNAC for brandy).

Registration is refused under Trademark Act Section 2(d) because purchasers are likely to believe marks dominated by the wording IMMORTAL HERO and IMMORTAL SPIRITS, respectively, identify a common source of alcoholic beverages.

The overriding concern is not only to prevent buyer confusion as to the source of the goods, but to protect the registrant from adverse commercial impact due to use of a similar mark by a newcomer. See In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1690 (Fed. Cir. 1993). Therefore, any doubt regarding a likelihood of confusion determination is resolved in favor of the registrant. TMEP § 1207.0l(d)(i); see HewlettPackard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265, 62 USPQ2d 1001, 1003 (Fed. Cir. 2002); In re Hyper Shoppes (Ohio}, Inc. , 837 F.2d 463, 464-65, 6 USPQ2d 1025, 1026 (Fed. Cir. 1988)

Although applicant's mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS - TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§8 19.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the US PTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b ), 2.23(b ); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services. 37 C.F.R. §§2.6(a)( l )(v), 2.22(c), 2.23(c); TMEP §§8 19.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner ' s amendment by telephone without incurring this additional fee.

/Michael Engel/

Trademark Examining Attorney

Law Office 107

[email protected]

(571) 272-9338

TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application 1·ecord.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). !f an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at [email protected] or call 1-800-786-9199. For more information on checking status, see http://www. uspto. gov /trademarks/process/status/ .

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence .jsp.

Print: Sep 12, 2018

DESIGN MARK

Serial Number 85050798

Status REGISTERED

Word Mark

85050798

IMMORTAL SPIRITS & DISTILLING COMPANY

Standard Character Mark No

Registration Number 4339085

Date Registered 2013/05/21

Type of Mark TRADEMARK

Register PRINCIPAL

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

OWner Gallagher & Carini, LLC LIMITED LIABILITY COMPANY OREGON 2969 Rosedale Terrace Medford OREGON 97504

Goods/Services Class Status -- ACTIVE. IC 033 . US 047 049 . G & S: Distilled Spirits. First Use : 2011/12 /12. First Use In Commerce: 2011/12/12.

Disclaimer Statement NO CLAIM IS MA.DE TO THE EXCLUSIVE RIGHT TO USE "SPIRITS & DISTILLING COMPANY" APART FROM THE MARK AS SHOWN.

Description of Mark The mark consists of the words "Immortal Spirits & Distilling Company" above an image of the outline of a raven in flight.

Colors Claimed Color is not c laimed as a feature of the mark.

Filing Date 2010/05/28

-1-

Print: Sep 12, 2018

Examining Attorney CARLYLE, SHAUNIA

85050798

-2-

To:

Subject:

Sent:

Sent As:

Attachments:

Dolce Co. Invest Inc. ([email protected])

U.S. TRADEMARK APPLICATION NO. 87075193 - IMMORTAL HERO - 064357-9107

9/14/2016 4:25:05 PM

[email protected]

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

IMPORTANT NOTICE REGARDING YOUR U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 9/14/2016 FOR U.S. APPLICATION SERIAL NO. 87075 193

Please follow the instructions below:

(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov, enter the U .S. application serial number, and click on "Documents."

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

(2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine ( I) how to respond, and (2) the applicable response time period. Your response deadline will be calculated from 9/14/2016 (or sooner if specified in rhe Office acfion). For information regarding response time periods, see http://www.uspto.gov/trademarks/process/stanis/responsetime.jsp.

Do NOT hit " Reply" to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions. Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System (TEAS) response form located at http://www.uspto.gov/trademarks/teas/response forms .jsp .

(3) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. For reclmica/ assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail [email protected].

WARNING

Failure to file the required 1·esponse by the applicable response deadline will result in the ABANDONMENT of your application. For more infonnation regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are using infomrntion provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay

"fees."

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the "United States Patent and Trademark Office" in Alexandria, VA: or sent by e-mail from the domain "@uspto.gov." For more infonnation on how to handle private company solicitations, see http://www.uspto.gov/trademarks/solicitation warnings.jsp.

*** User:mengel *** # Total Dead

Marks Marks

01 13

02 6

03 118 60

Session stait ed 9/ 12/2016 3:14:17 PM

Session finished 9/12/201 6 3:17:01 PM

Total search duration 0 minutes 3 seconds

Session duration 2 minutes 44 seconds

Defont NEAR limit= 1 ADJ limit= 1

Live

Viewed

Docs

58

Sent to TICRS as Se1i al Number: 87075193

Livr Status/ Search

Viewed Search

Imagrs Duration

0:01 *inunortal*(bi.ti] and "033"(ic]

0:01 *inunortal*(bi.ti] and *hero*(bi.ti]

55 0:01 "033"[ic] and *hero*[bi.ti]

From:

Sent: To:

Subject:

Docket/Reference Number:

TMDesignCodeComments

Thursday, June 23, 2016 00:30 AM [email protected]

Official USPTO Notice of Pseudo Mark: U.S. Trademark SN: 87075193: IMMORTAL HERO: DockeVReference No. 064357-9107

064357-9107

The USPTO may assign pseudo marks , as appropriate, to new applications to assist in searching the USPTO database for conflicting marks. They have no legal significance and will not appear on the registration certificate.

A PSEUDO MARK may be assigned to marks that include words, numbers, compound words, symbols, or acronyms that can have alternative spellings or meanings. For example, if the mark comprises the words 'YOU ARE' surrounded by a design of a box, the pseudo mark field in the US PTO database would display the mark as 'YOU ARE SQUARE'. A mark fi led as 'URGRS' would receive a pseudo mark of 'YOU ARE GREAT'.

Response to this notice is not required; however, to suggest additions or changes to the pseudo mark assigned to your mark, please e-mail [email protected] . You must reference your application serial number within your request. The USPTO will review the proposal and update the record , if appropriate. For questions, please call 1-800-786-9199 to speak to a Customer Service representative.

The USPTO will not send any further response to your e-mail. Check TESS in approximately two weeks to see if the requested changes have been entered. Requests deemed unnecessary or inappropriate will not be entered.

To view this notice and other documents for this application on-line, go to http://tdr.uspto.gov/search.action?sn=87075193. NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

Pseudo marks assigned to the referenced serial number are listed below.

PSEUDO MARK:

IMMORTAL HERO

IMMORTAL HERO


OMB No_ 0651-0009 (Exp 0212812018)




NOTE: Data fields with the * are ma11dato1y under TEAS Plus. The wording "{if applicable) " appears where the field is 011~y ma11datoiy under t/1e facts of the particular application.


Input Field

I TEAS Plus

I MARK INFORMATION

*MARK

I *STANDARD CHARACTERS

I USPTO-GE:'<ERATED IMAGE

LITERAL ELEMENT

*MARK STATEMENT

REGISTER

APPLICANT INFORMATION

*OWNER OF MARK

INTERL'IAL ADDRESS

*STREET

*CITY

I · coUNTRY

I *ZIP/POSTAL CODE (Required for U.S. applicants)

I LEGAL ENTITY INFORMATION

*TYPE

* STATE/COUJ\"TRY OF 11\"CORPORA TION

Entered

YES

I IMMORTAL HERO

YES

YES

I IMMORTAL HERO


I Principal

I Doke Co love" '"'·

P 0 Box 985

I Wickham's Cay l

Road Town, Tortola

British Virgin Islands

I VGlllO

I CORPORATION

I British Virgin Islands

GOODS AND/OR SERVICES AND BASIS INFORL"1ATION

*INTERL"\"ATIO:'<AL CLASS

*IDENTIFICA TIO!\

*FILING BASIS

ADDITIONAL STATEMENTS INFORMATION

*TRANSLATION (if applicable)

033

I Alcoholic beverages except beers

I SECTION i (b)

*TRANSLITERATION

I (if applicable)

*CLAIMED PRIOR REGISTRATION (if applicable)

*CONSENT (NAME/LIKENESS) (if applicable)

*CONCURRENT USE CLAIM (if applicable)

ATTORNEY INFORMATION

NAME I Laura M. Konkel

I ATTORNEY DOCKET NUMBER I 064357-9107

I FIRM NAME I Michael Best & Friedrich LLP

STREET 100 East Wisconsin Avenue, Suite 3300

CITY I Milwaukee

STATE I Wisconsin

l cou~TRY I United States

I ZIP/POST AL CODE 53202

PHONE 1608-257-3501

fA,'( 1414-277-0656

I EMAIL ADDRESS I [email protected]

AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

I OTHER APPOINTED ATTORi'<EY Michelle E. Kouba; Heidi R. Thole; Louise Arnott; Katrina G. Hull: Lori S. Meddings; Billie Jean Smith

I DOMESTIC REPRESENTATIVE INFORMATION

NAME I Laura M. Konkel


l sTREET 100 East Wisconsin Avenue, Suite 3300

CITY I Milwaukee

STATE I Wisconsin

l co~TRY I United States

I ZIP CODE 53202

PHONE 1608-257-3501

FiLX 1414-277-0656

I EMAIL ADDRESS I [email protected]

AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

I CORRESPONDENCE INFORMATIO T

·~AME I Laura M. Konkel


I · STREET 100 East Wisconsin Avenue, Suite 3300

*CITY I Milwaukee

I I

*STATE I Wisconsin (Required for U.S. addresses)

I · coUNTRY I United States

I · zIP/POSTAL CODE 53202

PHONE 1414-271 -6560

I FA.,"\'. 1414-277-0656

I · EMAIL ADDRESS I [email protected]

I · AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

FEE INFORMATION

APPLICATION FILING OPTION I TEAS Plus

:-!UMBER OF CLASSES I

FEE PER CLASS 225

*TOTAL FEE PAID 225

SIGNATURE INFORMATION

• SIG:-IATURE I /Laura M. Konkel/

I · SIGNATORY'S NAME I Laura M. Konkel

I · SIGNATORY'S POSITION Attorney of Record, Wisconsin bar member

I SIGNATORY'S PHONE 1\UMBER 1608-257-3501

I· DATE SIGNED I 0611112016

Under the Pape1work Reduction Act of 1995 no persons are required to respond to a collection ofinfonnation unless it displays a valid OMB control number. PTO Form 1478 (Rev 0912006)

OMB No. 0651-0009 (Exp 0212812018)





MARK: IMMORTAL HERO (Standard Characters, see mark) The literal element of the mark consists of IMMORTAL HERO. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Dolce Co. Invest Inc., a corporation of British Virgin Islands, having an address of PO. Box 985 Wickham's Cay I Road Town, Tortola VG 11 10 British Virgin Islands

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (1 5 U.S.C. Section l 05 1 et seq. ), as amended, for the following:

For specific filing basis information for each item, you must view the display within the Input Table. International Class 033: Alcoholic beverages except beers

Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services. (15 U.S.C. Section l05 l(b)).

The applicant's current Attorney Information: Laura M. Konkel and Michelle E. Kouba: Heidi R. Thole; Louise Arnott; Katrina G. Hull; Lori S. Meddings; Billie Jean Smith of Michael

Best & Friedrich LLP 100 East Wisconsin Avenue, Suite 3300 Milwaukee, Wisconsin 53202 United States 608-257-3501 (phone) 414-277-0656(fax) [email protected] (authorized)

The attorney docket/reference number is 064357-9107.

The applicant hereby appoints Laura M. Konkel of Michael Best & Friedrich LLP 100 East Wisconsin Avenue, Suite 3300 Milwaukee Wisconsin 53202 United States 608-257-350 I (phone) 414-277-0656(fax) [email protected] (authorized)

as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served. The applicant's current Correspondence Information:

Laura M. Konkel

Michael Best & Friedrich LLP

100 East Wisconsin Avenue, Suite 3300

Milwaukee, Wisconsin 53202

4 l 4-27 l-6560(phone)

4 l 4-277-0656(fax)

[email protected] (authorized)

E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $225 has been submitted with the application, representing payment for l class( es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 105 l (a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce on or in connection with the goods/services in the application; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or ifthe applicant filed an application under 15 U.S.C. § 105 l(b), § l 126(d), and/or§ l 126(e), the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical fonn or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 100 l , and that such willfu l false statements and the like may Jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are tme and all statements made on information and belief are believed to be tme.

Signature: /Laura M. Konkel/ Date Signed: 06/17/2016 Signatory's Name: Laura M. Konkel Signatory's Position: Attorney of Record, Wisconsin bar member

RAM Sale Number: 87075 193 RAM Accounting Date: 06/1712016

Serial Number: 87075 193 Internet Transmission Date: Fri Jun 17 12:23:40 EDT 20 16 TEAS Stamp USPTO/FTK-XX.XX.XXX.XXX-20160617 12234086 9506-87075193-5504345b57610cc6e737ba2d4e 3ab6df0ccb8c83a55ac5b9a85af86a4384e9e4ad b-CC-9369-20 160617114925747766

IMMORTAL HERO

1937 1787. l

FRANCIS EXHIBIT M-1


Mark: MONARCH IMMORTAL

US Serial Number: 79247817

Register: Principal

Mark Type: Trademark

Application Filing Aug . 15, 2018 Date:

MONARCll IMMORTAi

Status: A final Office action refusing registration has been sent (issued) because the applicant neither satisfied nor overcame all requirements and/or refusals previously raised. The applicant may respond by filing (1) a request for reconsideration; and/or (2) an appeal to the Trademark Trial and Appeal Board. To view all documents in this file, click on the Trademark Document Retrieval link at the top of this page.

Status Date: May 20, 2019

Mark Literal MONARCH IMMORTAL Elements:

Mark Information



International 1440042 Registration

Number:

International Aug. 15, 2018 Registration Date:

Note:

Related Properties Information

Goods and Services

The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [ .. ] indicate deleted goods/services; • Double parenthesis (( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks • .. • identify additional (new) wording in the goods/services.

For: wine



Basis: 66(a)

Filed Use: No

Filed ITU: No

Filed 44D: No

Filed 44E: No

Filed 66A: Yes

Filed No Basis: No

U.S Class(es): 047, 049


Currently Use: No

Currently ITU: No

Currently 44D: No

Currently 44E: No

Currently 66A: Yes



Owner Name: Pik Oplenac Limited liability company Topola

Owner Address: Bulvar korolya Aleksandra 57 34310 Topola SERBIA

Amended Use: No

Amended ITU: No

Amended 44D: No

Amended 44E: No

Legal Entity Type: LIMITED LIABILITY COMPANY State or Country RUSSIAN FEDERATION Where Organized:


Attorney of Record

Attorney Name: Alexander Lazouski


Correspondent ALEXANDER LAZOUSKI Name/Address: LAZOUSKI IP LLC

14726 BOWFIN TERRACE, SUITE 1 LAKEWOOD RANCH, FLORIDA 34202 UNITED STATES

Phone: 2016455616

Correspondent e- [email protected] [email protected] mail:

Attorney Email Yes Authorized:

Correspondent



Prosecution History

Date Description

NOTIFICATION OF FINAL REFUSAL EMAILED

FINAL REFUSAL E-MAILED

FINAL REFUSAL WRITTEN

May 20, 2019

May 20, 2019

May 20, 2019

Apr. 29, 2019

Apr. 29, 2019

Apr. 29, 2019

Apr. 22, 2019

Apr. 16, 2019

Apr. 16, 2019

Feb. 08, 2019

Jan. 18, 2019

Jan . 18, 2019

Jan.OB, 2019

Jan.07, 2019

Jan.01 , 2019

Dec.28,2018

Dec.28,2018

Dec.20,2018

APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED

TEAS/EMAIL CORRESPONDENCE ENTERED

CORRESPONDENCE RECEIVED IN LAW OFFICE

ASSIGNED TO LIE

TEAS CHANGE OF CORRESPONDENCE RECEIVED

TEAS RESPONSE TO OFFICE ACTION RECEIVED

REFUSAL PROCESSED BY IB

NON-FINAL ACTION MAILED - REFUSAL SENT TO IB

REFUSAL PROCESSED BY MPU

NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW


APPLICATION FILING RECEIPT MAILED



SN ASSIGNED FOR SECT 66A APPL FROM IB

International Registration Information (Section 66a)

International 1440042 Registration

Number:

Priority Claimed Yes Flag:

Intl. Registration REQUEST FOR EXTENSION OF PROTECTION Status: PROCESSED

Notification of Dec. 20, 2018 Designation Date:

International Aug. 15, 2028 Registration

Renewal Date:

First Refusal Flag: Yes

International Aug. 15, 2018 Registration Date:

Date of Section 67 Jul. 19, 2018 Priority Claim:

Date of Dec. 20, 2018 International Registration

Status:

Date of Automatic Jun. 20, 2020 Protection:

Proceeding Number

93975

70629

70629

70629

70629

67445

93975

93975


TM Attorney: GUROK, GALINA

Current Location: TMO LAW OFFICE 126- EXAMINING ATTORNEY ASSIGNED

TM Staff Information

Law Office LAW OFFICE 126 Assigned:

File Location

Date in Location: May 20, 2019

Request for Reconsideration after Final Action - TTABVue

Documents

Transcript of Request for Reconsideration after Final Action - TTABVue