Serial Number: 85161135

Reg Number: 4023884

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

Goods and Services: IC 034. US 002 008 009 017. G & S: Tobacco Products, Namely, Cigars. FIRST USE: 20100721. FIRST USE IN COMMERCE: 20100721

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

Design Search Code: 01.15.05 - Smoke; Steam; Vapor
10.01.04 - Pipes (Tobacco, smokers' materials, matches)
25.03.06 - Backgrounds covered with wood graining; Wood graining (background)
26.11.14 - Rectangles (three or more rectangles); Three or more rectangles
26.11.16 - Rectangles touching or intersecting
26.11.21 - Rectangles that are completely or partially shaded
26.13.02 - Plain single or multiple line quadrilaterals; Quadrilaterals (single line or multiple line)
26.13.13 - Quadrilateral (two quadrilaterals); Two quadrilaterals
26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.05 - Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal

Filing Date: 10/26/2010

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 "WOOD TIP" AND "PIPE-TOBACCO CIGARS" 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 gradated wood grain design. There are two vertical gradated lines extending from the top of the rectangular gradated wood grain design which are connected at the bottom by a horizontal gradated line to form a smaller wood grain rectangle. Within the smaller wood grain rectangle there is a gradated diagonal band. The words "BLACK & MILD" are located diagonally within the gradated diagonal band. There is an irregular four-sided window outlined in gradated lines located above the gradated diagonal band. The word "MIDDLETON'S" is located horizontally above the irregular four-sided window. There is a horizontal gradated rectangle, outlined with gradated lines, located directly under the words "BLACK & MILD". The word "ROYALE" appears in the center of the gradated rectangle. There is a horizontal wood grain rectangle, with lines on the top and bottom, located directly under the gradated rectangle. Below the horizontal wood grain rectangle is a horizontal gradated line. The words "WOOD TIP PIPE-TOBACCO CIGARS" are located horizontally in the center of the horizontal wood grain rectangle. There is a pipe and smoke design, with horizontal lines located to the left and right, located below the words "PIPE-TOBACCO CIGARS".

Type of Mark: TRADEMARK

Register: PRINCIPAL-2(F)-IN PART

Live/Dead Indicator: LIVE

Prior Registrations: 2712704;3772994;3772995;AND OTHERS

SiteNo: 26201