Serial Number: 85150636

Reg Number: 3999810

Word Mark: BLACK & MILD SWEETS CIGARILLOS MIDDLETON'S SINCE 1856

Goods and Services: IC 034. US 002 008 009 017. G & S: Tobacco Products, Namely, Cigars. FIRST USE: 20101110. FIRST USE IN COMMERCE: 20101110

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

Design Search Code: 26.03.08 - Letters, numerals or punctuation forming the perimeter of an oval or bordering the perimeter of an oval; Ovals having letters or numerals as a border; Ovals having punctuation as a border
26.03.21 - Ovals that are completely or partially shaded
26.03.28 - Miscellaneous designs with overall oval shape, including amoeba-like shapes and irregular ovals; Oval shape (miscellaneous overall shape)
26.07.13 - Diamonds, exactly two diamonds; Two diamonds
26.07.21 - Diamonds that are completely or partially shaded
26.07.28 - Diamond shapes (miscellaneous overall shape); Miscellaneous designs with overall diamond shape, including letters forming or comprising a diamond
26.11.02 - Plain single line rectangles; Rectangles (single line)
26.11.25 - Rectangles with one or more curved sides
26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.02 - Bands, wavy; Bars, wavy; Lines, wavy; Wavy line(s), band(s) or bar(s)
26.17.05 - Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal
26.17.06 - Bands, diagonal; Bars, diagonal; Diagonal line(s), band(s) or bar(s); Lines, diagonal

Filing Date: 10/12/2010

Current Basis: 1A

Original Filing Basis: 1B

Owner: (REGISTRANT) John Middleton Co. LIMITED LIABILITY COMPANY PENNSYLVANIA 6603 West Broad Street Richmond VIRGINIA 23230

Attorney of Record: Timothy G. Hofmeyer

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SINCE 1856" "SWEETS" AND "CIGARILLOS" APART FROM THE MARK AS SHOWN

Description of Mark: Color is not claimed as a feature of the mark. The mark consists of a rectangular design. There is an irregular shaped diagonal band, with an outline and a gradated center, located in the rectangular design. There are thin gradated lines along the top and bottom edge of the irregular shaped diagonal band. The words "MIDDLETON'S, BLACK & MILD", and "SINCE 1856" are located within the gradated center of the irregular shaped diagonal band. There are irregular shaped windows with outlines located in the center above and below the irregular shaped diagonal band. The word "SWEETS" is located within the outline of the lower irregular shaped window. The word "CIGARILLOS" is located in the center below the word "SWEETS". There are gradated lines above and below the word "SWEETS".

Type of Mark: TRADEMARK

Register: PRINCIPAL-2(F)-IN PART

Live/Dead Indicator: LIVE

Prior Registrations: 1103566;1177552;2712704;AND OTHERS

SiteNo: 26203