IRON HORSE Soda and Root Beer Reg

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA997341 Filing date: 08/23/2019

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91238507 Party Defendant Owen Ryan Correspondence OWEN RYAN Address 2227 REXFORD RD CHARLOTTE, NC 28211 UNITED STATES [email protected] 646-812-5109

Submission Other Motions/Papers Filer's Name Owen Ryan Filer's email [email protected] Signature //owen ryan// Date 08/23/2019 Attachments EXHIBIT 1 IRI GLOBAL US Energy Drinks sales for 52 week period ending June 8 2019 91238507.PDF(257056 bytes ) Exhibit 2 Global energy drink sales value 2020 l Statistica-pdf.pdf(330772 bytes ) Exhibit 2a DAIRY FOODS Magazine March 7 2019 Sales jump in the energy drink segment _ 2019-03-07 _ Dairy Foods.pdf(351683 bytes ) Exhibit 3 1 to 4 Manchester City and Power Horse UnstoppableTogether Power Horse.PDF(278843 bytes ) Exhibit 4 RANKER Best Energy Drink Brands List of Top Energy Drinks Com- panies.PDF(586614 bytes ) Exhibit 5 FOOD CHAIN Magazine Power Horse CEO March 2019 Interview FoodChain.PDF(957698 bytes ) IRON HORSE Soda and Root Beer Reg. 3733557 TESS Trademark Electronic Search System TESS.PDF(166257 bytes ) Iron Horse Sodas and Root Beer www.drinkironhorse.com.PDF(473298 bytes ) APPLICANT’S EXHIBIT 1 (Image below shows Total Energy Drink Sales In the USA as reported by IRI GLOBAL on July 8, 2019, indicating $12,899,502,993 energy drink sales for “52 week period in USA, ending June 16, 2019”. Full IRI source data was downloaded by Applicant on July 16, 2019 from http://heavyweightkillers.com/2018-2019-us-energy-drink-sales-reach-12-billion/

8/21/2019 • Global energy drink sales value 2020 l Statistic

Consumer Goods & FMCG › Non-alcoholic Beverages › Sales value of energy drinks worldwide 2015-2020 PREMIUM + Sales value of energy drinks worldwide in 2015 and 2020 (in billion U.S. dollars)

62.7

44.9

30 Sales in billion U.S. dollars

2015 2020*

https://www.statista.com/statistics/691384/sales-value-energy-drinks-worldwide/ 1/4 8/21/2019 • Global energy drink sales value 2020 l Statistic

DESCRIPTION SOURCE MORE INFORMATION

by Jan Conway, last edited Mar 1, 2018

This statistic depicts the sales value of energy drinks worldwide in 2015 and provides a forecast for 2020. In 2015, the global sales of energy drinks amounted to some 38.2 billion U.S. dollars.

Show sources information

Show publisher information

Release date August 2017

Region Worldwide

Survey time period 2015

Supplementary notes * Forecast.

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Sales jump in the energy drink segment Though the overall category is shaping up, energy shots continue to struggle.

”ack in 2017, energy drink sales seemed tired. The category experienced only a March 7, 2019 2.1% increase in dollar sales and a 1.8% increase in unit sales that year, according Anna Boisseau to data from Chicago-based market research firm IRI for the 52 weeks ending Dec. 3, 2017.

”ut 2018 breathed new life into the category, with a 7.5% increase in dollar sales (to $12.2 billion) and a 7.0% rise in unit sales (to 4.5 billion), according to IRI’s data for the 52 weeks ending Dec. 2, 2018. https://www.dairyfoods.com/articles/93452-sales-jump-in-the-energy-drink-segment 1/3 Per8/21/2019 Energy Drinks US, May 2018 from globalSales jump market in the energy research drink segment firm | 2019-03-07 Mintel, | Dairyenergy Foods drinks are expected to see growth of 4% to 5% through 2022. Yet, there are some challenges ahead, including the struggling energy shot subset.

Growth for non-aseptic drinks, mixes

Despite relatively stagnant sales in 2017, shelf-stable non-aseptic energy drinks are yet again on the rise. The category saw an 8.2% improvement in dollar sales to $11.0 billion and a 7.5% rise in unit sales to 4.2 billion.

“mong the top 10 brands, seven posted positive gains in sales. Red ”ull Yellow Edition (Red ”ull North “merica) led the group with a 16.6% increase in dollar sales and a 17.5% climb in unit sales. Monster Energy Zero Ultra (Monster Energy Co.) had a 13.9% improvement in dollar sales and a 12.7% rise in unit sales. Red ”ull ”lue Edition was another brand success for Red ”ull North “merica. Its dollar sales improved 11.8%, and its unit sales jumped 12.7%.

However, some of the top shelf-stable non-aseptic brands struggled. Rockstar’s (Rockstar Inc.) dollar and unit sales tumbled 8.1% and 9.1%, respectively. Monster Mega Energy (Monster Energy Co.) also saw a decline: 2.5% in dollar sales and 4.2% in unit sales. “nother Monster Energy Co. product, Lo-carb Monster Energy, saw a 2.4% drop in dollar sales, and unit sales fell 3.4%.

Energy mixes are a small but increasingly mighty segment of the overall energy drink category. Though they represent only $104.6 million in dollar sales, energy mixes grew more dramatically than any other subcategory, with an 18.8% rise in dollar sales and a 21.8% jump in unit sales.

Energy shots shoot downward

Regardless of positive results elsewhere in the energy drinks category, energy shots continue to decline. The subset fell 0.7% in dollar sales (to $1.1 billion) and 0.6% in unit sales (to 315.8 million).

There were a few bright spots among the top 10 energy shot brands. The Eternal Energy Premium energy shot brand (Eternal Energy) grew 27.8% in dollar sales and 21.0% in unit sales. Tweaker Energy Shot (Tweaker Energy Drink) gained 9.9% in dollar sales and 10.7% in unit sales. Stacker 2 Extra Strength Extreme energy shots also improved, climbing 6.1% in dollar sales and 6.2% in unit sales.

It was another story for many of the other top 10 energy shot brands. Stacker2 energy shots (NVE Pharmaceuticals) saw the largest decline: 18.6% in dollar sales and 20.6% in unit sales. “nother NVE Pharmaceuticals product, Stacker2 Extreme energy shots, fell 8.2% in dollar sales and 12.3% in unit sales. Rip It Energy Fuel (Sundance ”everage Co.) also struggled, with a 5.0% loss in both dollar and unit sales.

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https://www.dairyfoods.com/articles/93452-sales-jump-in-the-energy-drink-segment 3/3 Manchester City & Power Horse #UnstoppableTogether – Power Horse 8/22/19, 138 PM

LANGUAGE: INTERNATIONAL/EN MANCHESTER CITY & POWER HORSE #UNSTOPPABLETOGETHER

POWER HORSE AND MANCHESTER CITY JOINTLY ANNOUNCE A NEW MULTI-ANNUAL PARTNERSHIP

Power Horse to become the Club’s Ofﬁcial Energy Drink Partner The multi-year partnership covers countries across Africa, the

https://www.power-horse.com/manchester-city-power-horse-unstoppabletogether/ Page 1 of 5 Manchester City & Power Horse #UnstoppableTogether – Power Horse 8/22/19, 138 PM Middle East, including Turkey

Power Horse & Manchester City - Together we are unstoppable

Manchester City & Power Horse - Together we are unstoppable - Sal…

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today announced a multi-year partnership where Power Horse becomes the Club’s Ofﬁcial Energy Drink Partner. The partnership will cover multiple countries across Africa and the Middle East as well as Turkey and is spirited into being “Unstoppable Together”, which will also be leveraged across various communication channels.

Salvatore Caizzone

CEO and Shareholders Committee Member at the Power Horse Company, commented: “We are truly excited to partner with such an amazing team like Manchester City. In football as well as in business, success and winning are very important. To win you need to be tenacious, focused, work as a team and get every single ounce of energy from yourself and others. Power Horse’s purpose is to help people feel on top of their world. Our vision is a world where people can be at their best, hence unstoppable in pursuing their dreams.”

Damian Willoughby

Senior Vice President of Partnership at City Football Group, said: “Power Horse is an exciting brand and we are delighted to announce this partnership with Manchester City. City has a huge number of passionate fans across Africa and the Middle East who we know will love the co-branded cans when they launch next year. This will be a great way to kick off our partnership and we look forward to working together over the coming seasons.”

To celebrate this partnership

Power Horse will launch co-branded cans featuring the Manchester City crest from early 2019. Power Horse is famous for its black stallion logo that symbolizes the brand’s values of strength, power and energy. Its products include The Original, Red Rush, Energy Malt and a Zero Sugar option.

https://www.power-horse.com/manchester-city-power-horse-unstoppabletogether/ Page 3 of 5 Manchester City & Power Horse #UnstoppableTogether – Power Horse 8/22/19, 138 PM Manchester City

are the reigning champions of English Premier League, and hold the record of most points, highest number of wins in a row and the most goals scored ever in a season for their 2017/18 winning Premier League campaign.

About Power Horse

Power Horse is an energy brand owned by Power Horse Energy Drinks GmbH, a Company based in Linz (Austria) with its commercial HQs located in Dubai (United Arab Emirates). Power Horse was launched in 1992 by Spitz Austria, a 150-year-old heritage beverage manufacturer with a vast experience in producing diversiﬁed portfolio of drinks in Central Europe. Today Power Horse is available in over 50 countries across the world and is a leading brand in the premium segment of energy drinks amongst African and Middle Eastern consumers. For more information, please visit www.power-horse.com

About Manchester City Football Club

Manchester City FC is an English Premier League club initially founded in 1880 as St Mark’s West Gorton. It officially became Manchester City FC in 1894 and has since then gone onto win the European Cup Winners’ Cup, five League Championship titles, including three Premier League titles (2012, 2014, 2018), and five FA Cups. Manchester City is one of eight teams comprising the City Football Group which includes New York City FC, Melbourne City FC, Yokohama F. Marinos, Club Atlético Torque and FC Girona. Under manager Pep Guardiola, one of the most highly decorated managers in world football, the Club plays its domestic and UEFA Champions League home fixtures at the Etihad Stadium, a spectacular 55,000 seat arena that City have called home since 2003. Today, the Stadium sits on the wider Etihad Campus, which also encompasses the City Football Academy, a state-of-the-art performance training and youth development facility located in the heart of East Manchester. Featuring a 7,000 capacity Academy Stadium, the City Football Academy is also where

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COLLECTION 65 Who's Thirsty? LISTS When you could go for a nice, cold or hot beverage, what do you reach for? Vote on your favorite drink and soda brands, as well as ]avors of everything from kombucha to Red Bull.

Best Energy Drink The Best Sodas of Mountain Dew Bottled Water Discontinued Gatorade Flavors S Brands All Time Flavors Brands Sodas

Photo: Coca-Cola Freestyle

BRANDS The Best Energy Drink Brands

Originally by Ranker Food 61.2k votes • 6.1k voters • 171.5k views • 34 items

They keep you energized, revved, and alert: here is a list of the best energy drink brands in the world. This list of energy drinks is crowdsourced and ranked by a community of energy drink lovers. The energy drink business has grown from a niche market to a multibillion dollar industry in a relatively short amount of time. In 2012, Red Bull sold more than $3.3 billion worth of energy drinks in the United States and Monster sold more than $3 billion in the U.S. Both of these brands increase their sales by about 15% year after year. While Red Bull and Monster are the two main energy drink brands in the U.S., several other smaller energy drink brands have cropped up and beneSted from their success. BOMBA, Bawls and TaB have found success by appealing to a slightly different segment of the market.

Why are there so many energy drink brands and why does the market continue to grow? The once-niche market has reached out to a wider demographic in recent years and has started appealing to new consumers by offering sugar-free options and drinks rich in Vitamin B. Now, 30% of energy drink consumers are women. Popular energy drinks have also become experts at retaining customers as they grow older while still appealing to younger high school and college-age kids.

While top energy drinks have been criticized for their harmful health effects (energy drinks can increase blood pressure over time and disrupt the natural rhythm of the heart), most are perfectly safe if enjoyed in moderation.

Vote on your favorite brand on this energy drink list and add additional items if your favorite is missing. Ranker may collect a commission from links on this page.

list ordered by all voters rerankers: 8 men women age region companies search list rank your version

https://www.ranker.com/list/best-energy-drink-brands/ranker-food Page 1 of 5 Best Energy Drink Brands | List of Top Energy Drinks Companies 8/22/19, 145 PM

1 Red Bull 2,238 1,317 vote on entertainment // music // nerdy // sports // living // history // culture // food

2 Monster 2,073 1,130

3 Rockstar 1,504 1,306

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4 NOS 1,227 1,202

5 Starbucks 1,078 1,208

6 XS Energy 1,885 1,506

7 Giddy Up 1,750 1,706

8 5 Hour Energy Buy 1 Suncare Get 1 50% Of 1,019 1,196 Walgreens

Sun Damage Is Permanent. Protect Yourself With SPF. MushSqueMomin 9 added Mountain Dew 284 241

did you know? https://www.ranker.com/list/best-energy-drink-brands/ranker-food Page 2 of 5 Best Energy Drink Brands | List of Top Energy Drinks Companies 8/22/19, 145 PM

5 Hour Energy fans also upvote LaChance added Cheers on The Greatest Sitcoms in 10 Monster Beverage Television History 176 126 People outside of the US are 2x more likely to vote for Battery Energy Drink thebombnation added 11 Bomb Energy Drink Red Bull is also ranked #69 of 185 822 901 on The Best Logos in the World

12 AMP 1,008 1,135

13 Kick Start 728 1,047

M&Ms falling to #3 on The Best Movie Theater Snacks Buy, Sell & Trade Books & More List of the best movie theater snacks, ranked by movie-watchers, 2nd & Charles SNACKS snack-lovers, and people like you. "Let's All Go To The Lobby, Let's All Go To The Lobby, Let's All Go to The ...more 2nd & Charles Buys Used & Preowned Books, Games & More.

simariss06 added 14 Power Horse 454 489

15 Full Throttle 743 1,086

16 Xyience 486 848

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winners & losers Mabie1 added #6. Paul Allen is rising on The 19 Burn Energy Best Current NBA Team Owners 458 778

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#7. Detroit is rising on Cities with BryanL.R.Benner added the Best Sports Teams 20 Verve 463 819 #1. SEAL Team is rising on The Best Current Military TV Shows

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frequently voted on next The Best Tea Brands Nothing beats unwinding with a hot, soothing cup of tea at the end LIVING of a long day. Whether you take your tea plain or with a splash of milk or honey, tea is a beloved indulgence for...more

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not on the list? something missing? type it in here... add item #35 Hey There! Please only add items that are relevant to this list topic.

Filed Under: Companies > Business, Beverages, Top 50, Drinks, Brands, Poll

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HOME TESTIMONIALS NEWS FEATURES EXCLUSIVE FEATURES EVENTS PROFILES CONTACT US CUSTOM MEDIA OPTIONS SUBSCRIBE

PROFILES POWER HORSE

ISSUE 147

A lifestyle in a can Search … SEARCH Having recently struck a partnership with Manchester City FC, Power Horse dashes ahead in the energy drinks market with a brand emphasising extraordinary product quality and a commitment to helping consumers conquer

their daily challenges ARCHIVES

Surprising as it may sound, although energy drinks have been the fastest growing category within beverages Archives worldwide, little innovation has kindled the market for the last 30 years. Consumer preferences are shifting, however, and the change is nigh. Enter Power Horse – a leading premium brand, whose products can now be Select Month found in more than 50 countries on four continents.

“Innovation will be the name of the game in the future,” declares CEO, Salvatore Caizzone. “Consumers want ADS novelty in beverages and this is where we step in. We are keeping a long list of open projects to respond to dynamic market demands. In fact, we are just launching two new products that deliver on our promise for innovation. First – we are introducing an e-gaming drink called Level Up to target millions of e-gamers of all ages who need to stay hydrated while maintaining high focus on their gaming objectives. In addition, we are also launching the Power Horse Caffè – a line of delicious iced coffees, based on cold brew handcrafted filtration process,” he reveals.

“We have a simple product strategy: we aim to make the best energy drink for all of our consumers to enjoy wherever they might be. To this end, we have established a strategic supply partnership with Spitz – the Austrian manufacturer that launched the company in 1992, and we now have a global manufacturing centre in the peaceful town of Attnang-Puchheim, which enables us to use pure mountain spring water as a base for all our beverages. Moreover, none of our drinks contain preservatives and they are also some of the least sugary products in their key markets,” Salvatore highlights the company’s commitment to quality. http://www.foodchainmagazine.com/2019/03/13/power-horse/ Page 1 of 3 Power Horse - FoodChain 8/22/19, 148 PM

Unstoppable you The Power Horse brand may have been born on European soil, but the company has never placed much focus on developing the Western markets. Instead, it chose to bring the energy drink concept to untapped regions like Africa, the Middle East, and South East Asia. Its venture met with considerable success and today, Power Horse enjoys 92 per cent brand awareness across a population of 1.5 billion consumers in said markets.

“On yearly basis, some 240 million consumers engage with the brand,” Salvatore remarks. “They choose Power Horse not only because of its great taste, but especially for what it does for them. Our selling line is ‘Unstoppable You’, as we have a very clear vision of helping people feel on the top of their world every day. We aim to support consumers in the face of their real challenges by giving them the energy to stay on top of their day, because if you are you at your very best, you become truly unstoppable,” he delivers an impassioned summary of the role Power Horse desires to play in consumers’ lives.

Oﬃcial partner ‘Unstoppable’ is a word that was also often being attached to the reigning Premier League champions of Manchester City during the 2017-18 season when The Citizens bulldozed their way to the title in such a dominant fashion that saw them dismantle every opponent they faced, all while breaking a number of long-standing records in English football. Enmeshed in a three-horse title race this campaign, City received a strong energy boost in the last days of 2018 when the club signed a multi-year partnership with Power Horse.

“We are now Man City’s oﬃcial energy drink partner, as the club’s commercial focus is on growing their fan base in the Middle East and Africa, and penetrating these markets with their brand,” Salvatore enthuses. “Power Horse and Manchester City share the same principles, which makes our alliance a match made in heaven. We are both tenacious – never giving up until the job is done; we both value partnership – playing and winning together; and we are both obsessed with winning, because we genuinely believe that playing and drinking are so much more fun when we win.”

Already knowing about the partnership between Power Horse and Man City, it will be hard not to associate the latter’s high-intensity style of play with the former’s beautifully-designed logo featuring a black stallion – a symbol of strength and elegance – every time The Sky Blues’ genius players glide gracefully into football pitches home and abroad.

Consumer satisfaction “The logo is one of the two main aspects our loyal customers cite most often when explaining their love for the Power Horse brand,” Salvatore points out. “The other is the unique taste we oﬀer them. Our ambition is to become a company that proposes products well beyond the traditional energy drinks we know today. We are convinced that energy products will continue to be in high demand for one simple reason – everybody needs some extra energy to cope with the increasingly demanding and fast-paced world we live in. At Power Horse, we are constantly busy launching better beverages that meet consumer satisfaction and add value to the category.”

He concludes: “In a world that questions traditional global branding values, our challenge is to strengthen consumer relationships via both engaging communication and great drinking experience. We want to be seen as much more than just an energy drink. Power Horse is a lifestyle in a can and we are eager to promote this lifestyle around the world by expanding our geographical footprint in the coming years.”

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Word Mark IRON HORSE Goods and IC 032. US 045 046 048. G & S: Pop; Soft drinks. FIRST USE: 19930401. FIRST USE IN COMMERCE: Services 19950801 Mark Drawing (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Code Design Search 07.11.05 - Tunnels Code 18.05.03 - Engines, railroad; Locomotives; Subway cars; Train cars; Trains 18.15.25 - Other traffic signs 26.01.06 - Circles, semi; Semi-circles 26.01.12 - Circles with bars, bands and lines 26.01.13 - Circles, two (not concentric); Two circles 26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s) 26.17.04 - Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s) 26.17.06 - Bands, diagonal; Bars, diagonal; Diagonal line(s), band(s) or bar(s); Lines, diagonal 26.17.13 - Letters or words underlined and/or overlined by one or more strokes or lines; Overlined words or letters; Underlined words or letters Trademark ART-07.11 Structural Works Search Facility ART-18.05 Land motor vehicles Classification ART-18.15 Traffic signs Code SHAPES-BAR-BANDS Designs with bar, bands or lines SHAPES-CIRCLE Circle figures or designs including semi-circles and incomplete circles SHAPES-MISC Miscellaneous shaped designs http://tmsearch.uspto.gov/bin/jumpto?f=doc&state=4808:x3yp14.2.54 Page 1 of 2 Trademark Electronic Search System (TESS) 8/22/19, 514 PM

Serial Number 77676425 Filing Date February 23, 2009 Current Basis 1A Original Filing 1A Basis Published for October 20, 2009 Opposition Registration 3733557 Number Registration January 5, 2010 Date Owner (REGISTRANT) Ironhorse Products, Inc. CORPORATION MINNESOTA 5109 W. 48th St. Minneapolis MINNESOTA 55436 Attorney of James T. Hanvik Record Description of Color is not claimed as a feature of the mark. The mark consists of stylized locomotive emerging from a Mark stylized tunnel (arch). The stippling is a feature of the mark and does not indicate color. The stippling is for shading purposes only. Type of Mark TRADEMARK Register PRINCIPAL-2(F) Affidavit Text SECT 15. SECT 8 (6-YR). Live/Dead LIVE Indicator

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IRON HORSE Root Beer - It’s what we’ve built our name on. We begin with the great taste of Vanilla blended with other spices. We unite it with low carbonation to keep the flavor rich and seal it in a dark brown bottle to preserve the refreshing, full taste. Enjoy it in a cold mug or with a scoop of ice cream… Whether you’ve drank IRON HORSE Root Beer

http://www.drinkironhorse.com/ Page 2 of 10 Iron Horse 8/22/19, 530 PM

for years or for the first time, we know it’ll be your new favorite. All Aboard IRON HORSE!

Diet Root Beer A MODERN MARVEL OF TIMELESS FLAVOR

What’s better than IRON HORSE Root Beer flavor? Enjoying that rich taste calorie- free, of course! We took our time and worked hard to create a safe, no-

http://www.drinkironhorse.com/ Page 3 of 10 Iron Horse 8/22/19, 530 PM

calorie Root Beer with the timeless flavor of IRON HORSE. The result is a full- flavored, sugar- free diet drink that sacrifices none of the taste you’ve come to expect. So drink up and Get on board with IRON HORSE Diet Root Beer!

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Cream Soda MEET ORIGINAL OLD SCHOOL FLAVOR

Years ago in New York, unflavored cream seltzer was ordered “2 cents plain”. Fast forward to IRON HORSE Cream Soda. While 2 cents has receded into history, there’s nothing plain about the amazing taste of this timeless drink. We took our original recipe, based on the great taste of vanilla, and created a flavor so rich, so creamy you’ll think you’re

http://www.drinkironhorse.com/ Page 5 of 10 Iron Horse 8/22/19, 530 PM

drinking a dessert. There isn’t anything like it, so get on board and enjoy IRON HORSE Cream Soda today.

Black

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