Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

---

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 77000800
Filing Date: 09/15/2006

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of MARSH.

The applicant, Diageo North America, Inc., a corporation of Connecticut, residing at 801 Main Avenue, Norwalk, Connecticut, United States, 06851, 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 1051 et seq.), as amended.

The applicant, or the applicant's related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

      International Class 033: Alcoholic beverages, namely wine and wine-based beverages

In International Class 033, the mark was first used at least as early as 08/00/2001, and first used in commerce at least as early as 08/00/2001, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) digital image of label for a wine bottle.

      Specimen - 1

The applicant hereby appoints Caroline H. Mead, Esq. of Squire, Sanders & Dempsey L.L.P., Suite 300, One Maritime Plaza, San Francisco, California, United States, 94111-3492 to submit this application on behalf of the applicant. The attorney docket/reference number is 36538.192.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: trademark@ssd.com.

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 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 1051(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 information and belief are believed to be true.



Signature: /Elliot Basner/   Date: 09/15/2006
Signatory's Name: Elliot Basner
Signatory's Position: Assistant Secretary


Mailing Address:
     Caroline H. Mead, Esq.
     Suite 300
     One Maritime Plaza
     San Francisco, California 94111-3492

RAM Sale Number: 490
RAM Accounting Date: 09/18/2006

Serial Number: 77000800
Internet Transmission Date: Fri Sep 15 17:00:14 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2006091517001402163
4-77000800-200ee699ed4e1cd4cef62b484b48c
a4ff77-DA-490-20060906213111884546