Serial Number: 85150628

Reg Number: 4007606

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: 24.17.14 - Ampersands (&); At symbol (@); Brackets, punctuation; Commas; Diacritical marks; Exclamation points (!¡); Punctuation marks; Question marks (?)
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
26.03.28 - 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
26.07.28 - 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: The color(s) Red, Black, Gold, and White is/are claimed as a feature of the mark. The mark consists of a red rectangular design. There is a red irregular shaped diagonal band, outlined in white, with gradation in the center, located in the red rectangular design. There are thin gradated gold lines along the top and bottom edge of the red irregular shaped diagonal band. The words "MIDDLETON'S", in white, "BLACK", in white with a black outline, &, in gradated gold with a black outline, "MILD", in white with a black outline, and "SINCE 1856", in white, are located within the gradated center of the red irregular shaped diagonal band. There are irregular shaped windows, outlined in white, located in the center above and below the red irregular shaped diagonal band. The word "SWEETS", in red, is located within the white outline of the lower irregular shaped window. There are dashes, in gold, located to the left and right of the word "SWEETS". The word "CIGARILLOS", in white, is located in the center below the word "SWEETS". There are gradated gold lines above and below the word "CIGARILLOS".

Type of Mark: TRADEMARK

Register: PRINCIPAL-2(F)-IN PART

Live/Dead Indicator: LIVE

Prior Registrations: 1103566;1177552;2712704;AND OTHERS

SiteNo: 26204