| 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 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 07/31/2017) |
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| SERIAL NUMBER | 87191367 |
| LAW OFFICE ASSIGNED | LAW OFFICE 114 |
| MARK SECTION (current) | |
| MARK FILE NAME | https://tmng-al.uspto.gov/resting2/api/img/87191367/large |
| LITERAL ELEMENT | XPLORER; (PRODUCT NAME) 40% ALCOHOL BY VOLUME [80 PROOF] 750 ML |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
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COLOR(S) CLAIMED (If applicable) | The color(s) dark blue, light blue, gold, white and grey is/are claimed as a feature of the mark. |
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DESCRIPTION OF THE MARK (and Color Location, if applicable) | The mark consists of A glass bottle colored deep blue (for vodkas) from the top and progressively fading in color to become clear from half way through to the bottom of the bottle. The bottle is made of clear glass for gin and whiskey. The bottle is rectangular in shape with a smaller base and widening sides to the shoulder of the bottle. On the front side, at the top of the bottle there is a printed gold logo made up of a rising sun and mountain with two trees on the left and a giraffe on the right. Below the logo is the brand name "XPLORER" in gold with X being at the bottom and R being at the top such that when the bottle is placed on its right side, the word XPLORER is read from left to right. In the middle of the "O" of the brand name "XPLORER" is a compass ross with 4 short pointers in the cardinal directions of North, East, South and West and 4 long pointers at the North East, South East, South West and North West directions. Below the brand name "XPLORER" is the appropriate product name "Wheat or Potato Vodka or Gin or Whiskey". Below the product name is the flag of the United States of America in Red White and Blue. Below the USA flag are the words "40% Alcohol by volume (80 proof) in White. Below that are the words "750ml" in White. In the background is a map depicting the North and South Americas, Greenland at the top and Antarctica at the bottom. The compass ross is positioned over the United States map, the "R" of the "XPLORER" is over Greenland and Antarctica is below the words "750 ml". The back side of the bottle consists, at the top of a gold logo made up of a rising sun and mountain with two trees on the left and one giraffe on the right. Below this are the products' description as appropriate for Wheat or Potato Vodak; Gin or Whiskey ending in the words "...Awakens the Xplorer In Each of Us". Below the product description is the Compass Rose as in the front of the bottle. Below the Compass Ross are the words "DISTILLED AND BOTTLED BY KILIMANJARO DISTILLERY LLC ALLENTOWN, PENNSYLVANIA, U.S.A." Below that is the statutory "GOVERNMENT 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. Below the Government warning is a bar code with the numbers as applicable for the bottle product. The back side of the bottle has, in the background, the continents of Africa, Europe, Asia and South East Asia. The center of the compass rose on the back side is positioned over the country of Egypt in Africa. On both the front and back side overlaying the continents are the grid lines of latitude and longitude. The neck has a 1 inch label that wraps around the neck of the bottle with the logo of Kilimanjaro Distillery in the front center; the brand name "XPLORER" on one side and product detail on the other side; the neck label has one gold color line each on the top and bottom edge of the label. The Kilimanjaro Distillery logo consists of a circular wooden cask on the outer rim; with the following image in the upper middle section of the logo: The Kilimanjaro Mountain (in red and white colors) is in the middle of this image with rising gold rays of sun; 2 giraffes on the right and 2 trees on the left. Below this image, in the center of the cask is written "KILIMANJARO" (in white color text) under which is written "DISTILLERY" (in red color text). Below the word "DISTILLERY" are the words "EST" and "2015" under which is a tap handle in the bottom center of the cask. On both sides of the tap handle are a stalk of grains. Outside the bottom curve of the cask are the words "Lehigh Valley, Pennsylvania, U.S.A". |
| MARK SECTION (proposed) | |
| MARK FILE NAME | \\TICRS\EXPORT17\IMAGEOUT 17\871\913\87191367\xml6\ ROA0002.JPG |
| LITERAL ELEMENT | XPLORER |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| COLOR MARK | YES |
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COLOR(S) CLAIMED (If applicable) | The color(s) The colors blue, white, gold, purple and gray are claimed as a feature of the mark is/are claimed as a feature of the mark. |
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DESCRIPTION OF THE MARK (and Color Location, if applicable) | The mark consists of A cross section of a globe with the latitude and longitude lines and continents in blue. Overlaid vertically against this cross section is the word "XPLORER" in gold with the "O" centered within a blue and gray compass. Above the word "XPLORER" is a gold sun with gold rays emanating setting against a white and gold horizon / mountain with a purple tree at the left base of the horizon / mountain and a purple giraffe at the right base of the horizon / mountain. The entire mark is outlined in blue. |
| PIXEL COUNT ACCEPTABLE | YES |
| PIXEL COUNT | 270 x 708 |
| ARGUMENT(S) | |
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COLOR CLAIM: The colors blue, white, gold, purple and gray are claimed as a feature of the mark MARK DESCRIPTION: The mark consists of a cross section of a globe with the latitude and longitude lines and continents in blue. Overlaid vertically against this cross section is the word “XPLORER” in gold with the “O” centered within a blue and gray compass. Above the word “XPLORER” is a gold sun with gold rays emanating setting against a white and gold horizon / mountain with a purple tree at the left base of the horizon / mountain and a purple giraffe at the right base of the horizon / mountain. The entire mark is outlined in blue. |
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| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | \\TICRS\EXPORT17\IMAGEOUT 17\871\913\87191367\xml6\ ROA0003.JPG |
| DESCRIPTION OF EVIDENCE FILE | The mark consists of a cross section of a globe with the latitude and longitude lines and continents in blue. Overlaid vertically against this cross section is the word XPLORER in gold with the O centered within a blue and gray compass. Above the word XPLORER is a gold sun with gold rays emanating setting against a white and gold horizon and mountain with a purple tree at the left base of the horizon and mountain and a purple giraffe at the right base of the horizon and mountain. The entire mark is outlined in blue. The colors blue, white, gold, purple and gray are claimed as a feature of the mark. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /kishor chokshi/ |
| SIGNATORY'S NAME | Kishor Chokshi |
| SIGNATORY'S POSITION | Principal |
| SIGNATORY'S PHONE NUMBER | 4847070046 |
| DATE SIGNED | 02/09/2017 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Feb 09 14:18:34 EST 2017 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XXX- 20170209141834225862-8719 1367-58070f8be1dadd497d1e fbce991f26dd284c7f94956cf d16461a6a8e27301019-N/A-N /A-20170209133100314493 |
| 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 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 07/31/2017) |
COLOR CLAIM:
The colors blue, white, gold, purple and gray are claimed as a feature of the mark
MARK DESCRIPTION:
The mark consists of a cross section of a globe with the latitude and longitude lines and continents in blue. Overlaid vertically against this cross section is the word “XPLORER” in gold with the “O” centered within a blue and gray compass. Above the word “XPLORER” is a gold sun with gold rays emanating setting against a white and gold horizon / mountain with a purple tree at the left base of the horizon / mountain and a purple giraffe at the right base of the horizon / mountain. The entire mark is outlined in blue.