Serial Number: 77836492

Reg Number: 3948632

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

Goods and Services: IC 034. US 002 008 009 017. G & S: Tobacco Products, Namely, Cigars. FIRST USE: 20090805. FIRST USE IN COMMERCE: 20090805

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)
20.03.06 - Address labels; Hang tags; Identification tags; Labels; Tags (paper)
25.03.06 - Backgrounds covered with wood graining; Wood graining (background)
26.11.12 - Rectangles with bars, bands and lines
26.11.20 - Rectangles inside one another
26.11.21 - Rectangles that are completely or partially shaded
26.13.21 - Quadrilaterals that are completely or partially shaded
26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.05 - Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal

Filing Date: 09/28/2009

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 "WINE", "WOOD TIP" AND "PIPE-TOBACCO CIGARS" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) Light Brown, Dark Brown, Gold, Burgundy, Almond, White, and Black is/are claimed as a feature of the mark. The mark consists of a rectangular light brown gradated wood grain design. There are two vertical gradated gold lines extending from the top of the rectangular light brown gradated wood grain design which are connected at the bottom by a horizontal gradated gold line to form a smaller burgundy wood grain rectangle. Within the smaller burgundy wood grain rectangle there is a gradated almond diagonal band. The words "BLACK", in white with a black outline, "&", in gradated gold with a black outline, and "MILD", in white with a black outline, are located diagonally within the gradated almond diagonal band. There is an irregular four-sided window outlined in gradated gold located above the gradated almond diagonal band. The word "MIDDLETON'S", in gradated gold, is located horizontally above the irregular four-sided window. There is a horizontal gradated burgundy rectangle, outlined with gradated gold lines, located directly under the words "BLACK & MILD". The word "WINE", in white, appears in the center of the gradated burgundy rectangle. There is a horizontal light brown wood grain rectangle, with dark brown lines on the top and bottom, located directly under the gradated burgundy rectangle. Below the horizontal light brown wood grain rectangle is a horizontal gradated gold line. The words "WOOD TIP PIPE-TOBACCO CIGARS", in dark brown, are located horizontally in the center of the horizontal light brown wood grain rectangle. There is a dark brown pipe and smoke design, with dark brown 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: 1177552;2712704;3642936;AND OTHERS

SiteNo: 66625