Serial Number: 77904335

Reg Number: 4208205

Word Mark: BLACK & MILD APPLE MIDDLETON'S PIPE-TOBACCO CIGARS

Goods and Services: IC 034. US 002 008 009 017. G & S: Tobacco Products, Namely, Cigars. FIRST USE: 20090100. FIRST USE IN COMMERCE: 20090100

Mark Drawing Code: (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Design Search Code: 01.15.05 - Smoke; Steam; Vapor
09.01.04 - Bows, decorative; Ribbons, giftwrap (gift wrap); Ribbons, hair
10.01.01 - Cigars
10.01.04 - Pipes (Tobacco, smokers' materials, matches)
26.11.20 - Rectangles inside one another
26.11.21 - Rectangles that are completely or partially shaded

Filing Date: 01/04/2010

Current Basis: 1A

Original Filing Basis: 1A

Owner: (REGISTRANT) John Middleton Co. LIMITED LIABILITY COMPANY PENNSYLVANIA 418 W. Church Road King of Prussia PENNSYLVANIA 19406

Attorney of Record: Anna W. Manville

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "APPLE" AND "PIPE-TOBACCO CIGARS" AND A WINDOW APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) dark red, gold, red, white, and black is/are claimed as a feature of the mark. The mark consists of a feature of product packaging. The rectangular shape, reflected in dotted lines, is not claimed as a feature of the mark. The rectangle is filled with the color dark red. The word "MIDDLETON'S", in gradated gold, is located at the top of the dark red rectangular design. There is a gradated red diagonal band located in the upper half of the dark red rectangular design. The words "BLACK & MILD" are located diagonally within the gradated red diagonal band. The word "BLACK" is in white with a black outline; the "&" symbol is in gradated gold with a black outline; the word "MILD" is in white with a black outline. There are irregular four-sided windows, depicted in white with a gradated gold outline, located above and below the words "BLACK & MILD" on the left-hand side of the dark red rectangular design. The color white in the window designs represents background and is not claimed as a feature of the mark. There is a gradated gold ribbon design, outlined in white, located below the words "BLACK & MILD" on the right-hand side of the dark red rectangular design. The word "APPLE", in red, is located horizontally within the gradated gold ribbon design. There is a gradated gold pipe and smoke design and the words "PIPE-TOBACCO CIGARS", in white, located below the gradated gold ribbon design.

Type of Mark: TRADEMARK

Register: PRINCIPAL-2(F)-IN PART

Live/Dead Indicator: LIVE

Prior Registrations: 1177552;2712704;3642936;AND OTHERS

SiteNo: 65110