Serial Number: 85078476

Reg Number: 4050997

Word Mark: LOTUS BISCOFF COFFEE CART EUROPE'S FAVORITE COOKIE WITH COFFEE FREE BISCOFF COOKIE SERVED WITH EVERY COFFEE COFFEE ESPRESSO ICED COFFEE DRINK

Goods and Services: IC 043. US 100 101. G & S: Providing of food and drink; serving of food and drink/beverages. FIRST USE: 20100623. FIRST USE IN COMMERCE: 20100623

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

Design Search Code: 08.01.05 - Cookies; Fortune cookies
11.03.03 - Coffee cups
18.11.25 - Battery carrier trays for automobiles; Belts, safety, vehicle; Brakes (automobile); Car seats, baby; Clutches, vehicles; Gear shifts, vehicle; Grills (automobile); Head lights, vehicle; Hitches, (trailers); Horns (vehicular); Jacks (vehicle); Kick stands (bicycle); License plates; Lights, auto; Lights, bicycle; Mirrors, vehicle; Pedals (vehicular); Porthole; Racks, (automobile); Radiators, vehicle; Sails; Seat belts, vehicle; Stick shifts (automobile); Windshields (vehicular)
26.03.02 - Ovals, plain single line; Plain single line ovals
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

Filing Date: 07/06/2010

Current Basis: 1A

Original Filing Basis: 1B

Owner: (REGISTRANT) Lotus Bakeries JOINT STOCK COMPANY BELGIUM Gentstraat 52 Lembeke BELGIUM 9971

Attorney of Record: David B. Kirschstein

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "COFFEE CART EUROPE'S FAVORITE COOKIE WITH COFFEE" AND THE PICTORIAL REPRESENTATIONS OF THE COFFEE AND OF THE COOKIES, WITH THE EXCEPTION OF THE WORDING "LOTUS" EMBOSSED THEREON APART FROM THE MARK AS SHOWN

Description of Mark: Color is not claimed as a feature of the mark. The mark consists of the configuration of a cart having a large upper awning in the center of which is an ellipse. Inside the ellipse is the word "BISCOFF" underlined, said word being written with a shadow effect. Above the underlined word "BISCOFF" is a smaller shield design containing the word "LOTUS" in script and the design of a flower therein. The words "COFFEE CART" appear in block letters below the underlined word "BISCOFF". The bottom section of the cart beneath the counter includes the same "LOTUS BISCOFF COFFEE CART" logo contained within the ellipse in the center of the awning. Beneath this logo are the words "EUROPE'S FAVORITE COOKIE WITH COFFEE". To the left of the Logo is a photograph of a cup of coffee with a saucer. To the right of the Logo is a photograph of a cup of coffee with a saucer with two cookies resting on the saucer. The word "LOTUS" is present on the cookies along with a swirl design. On the left side of the cart is a shelf. On the shelf is a napkin container and urns for dispensing milk. In the middle section of the cart between the awning and the counter there is a glass window on the left side through which the coffee machine can be seen. At the top of the window is a shelf atop which are various bottles. The right portion of middle section contains a cash register.

Type of Mark: SERVICE MARK

Register: March 30, 2011

Live/Dead Indicator: LIVE

Prior Registrations: 1395984;1724030;2706258

SiteNo: 26044