Serial Number: 85054085

Reg Number: 4365049

Word Mark: LOTUS LOTUS LOTUS LOTUS BISCOFF EUROPE'S FAVORITE COOKIE WITH COFFEE BISCOFF

Goods and Services: IC 030. US 046. G & S: Cakes, pastry, biscuits and cookies. FIRST USE: 20100801. FIRST USE IN COMMERCE: 20100801

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

Design Search Code: 05.05.06 - Lotus flower
08.01.05 - Cookies; Fortune cookies
11.03.03 - Coffee cups
26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)

Filing Date: 06/03/2010

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 "EUROPE'S FAVORITE COOKIE WITH COFFEE" AND THE PICTORIAL REPRESENTATION OF THE COOKIES, WITH THE EXCEPTION OF THE WORDING "LOTUS" EMBOSSED THEREON APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) red, white, gold, light brown, brown, and russet is/are claimed as a feature of the mark. The mark consists of a design in which a white coffee cup and white coffee saucer are partially depicted on the left side, a red vertical stripe is present to the right of the coffee cup on which there are embossed four shield designs each of which has a red background which is outlined in white and gold and contains the word "Lotus" in white script letters and a flower design in white; to the right of the red stripe in the upper corner the design of two light brown cookies appears, the top one of which bears the word "Lotus" in script; the word "BISCOFF" in a logo consisting of large gold letters with a russet shadow effect appears beneath the upper cookies, the photo of a partially-depicted white coffee cup which is filled with brown colored coffee and with two light brown cookies bearing the word "Lotus" in script placed on a partially-depicted saucer is below the logo, and beneath the aforementioned logo the phrase "EUROPE'S FAVORITE COOKIE WITH COFFEE" written in russet letters appear; under this phrase is a smaller version of the "BISCOFF" logo and to the right of the logo two light brown cookies appear the top one of which bears the word "Lotus" in script.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 1395984;1724030;2706258

SiteNo: 6387