Serial Number: 77904403

Reg Number: 4208207

Word Mark: BLACK & MILD CREAM 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
10.01.04 - Pipes (Tobacco, smokers' materials, matches)
24.09.07 - Advertising, banners; Banners
24.17.14 - Ampersands (&); At symbol (@); Brackets, punctuation; Commas; Diacritical marks; Exclamation points (!¡); Punctuation marks; Question marks (?)
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 "CREAM" AND "PIPE-TOBACCO CIGARS" AND A WINDOW APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) off-white, dark brown, white, black, gold, and dark red 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 off-white. The word "MIDDLETON'S", in dark brown, is located at the top of the off-white rectangular design. There is a gradated white diagonal band located in the upper half of the off-white rectangular design. The words "BLACK & MILD" are located diagonally within the gradated white 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 off-white 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 dark red ribbon design, outlined in white, located below the words "BLACK & MILD" on the right-hand side of the off-white rectangular design. The word "CREAM", in off-white, is located horizontally within the gradated dark red ribbon design. There is a dark brown pipe and smoke design and the words "PIPE-TOBACCO CIGARS", in dark brown, located below the gradated dark red ribbon design.

Type of Mark: TRADEMARK

Register: PRINCIPAL-2(F)-IN PART

Live/Dead Indicator: LIVE

Prior Registrations: 1177552;2712704;3642936;AND OTHERS

SiteNo: 65108