Serial Number: 85090621

Reg Number: 4242449

Word Mark: MIDDLETON'S BLACK & MILD ROYALE PIPE-TOBACCO CIGARS

Goods and Services: IC 034. US 002 008 009 017. G & S: Tobacco Products, Namely, Cigars. FIRST USE: 20100609. FIRST USE IN COMMERCE: 20100609

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

Design Search Code: 01.15.05 - Smoke; Steam; Vapor
10.01.01 - Cigars
10.01.04 - Pipes (Tobacco, smokers' materials, matches)
24.09.07 - Advertising, banners; Banners
26.11.21 - Rectangles that are completely or partially shaded
26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.06 - Bands, diagonal; Bars, diagonal; Diagonal line(s), band(s) or bar(s); Lines, diagonal

Filing Date: 07/22/2010

Current Basis: 1A

Original Filing Basis: 1B

Owner: (REGISTRANT) John Middleton Co. LIMITED LIABILITY COMPANY PENNSYLVANIA 418 W. Church Road King of Prussia PENNSYLVANIA 19406

Attorney of Record: Timothy G. Hofmeyer

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PIPE-TOBACCO CIGARS" AND A WINDOW APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) blue, gold, light blue, white, and black 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 blue. The word "MIDDLETON'S", in gradated gold, is located at the top of the blue rectangular design. There is a gradated light blue diagonal band located in the upper half of the blue rectangular design. The words "BLACK & MILD" are located diagonally within the gradated light blue 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 gradated gold, located above and below the words "BLACK & MILD" on the left-hand side of the blue rectangular design. There is a gradated gold ribbon design, outlined in white, located below the words "BLACK & MILD" on the right-hand side of the blue rectangular design. The word "ROYALE", in blue, is located horizontally within the gradated gold ribbon.

Type of Mark: TRADEMARK

Register: PRINCIPAL-2(F)-IN PART

Live/Dead Indicator: LIVE

Prior Registrations: 1177552;2712704;3642936;AND OTHERS

SiteNo: 18555