Serial Number: 77503729

Word Mark: REGGIO-EMILIA ORGANIC D.O.P. 36 MONTHS LUCINI ITALIA ORGANICS ARTISANAL RESERVE

Translation: The letters "D.O.P." stands for Denominazione di Origine Protetta which translates from Italian to English as Denomination of Protected Origin.

Goods and Services: (ABANDONED) IC 029. US 046. G & S: organic cheese

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

Design Search Code: 26.01.08 - Circles having letters or numerals as a border; Circles having punctuation as a border; Letters, numerals or punctuation forming or bordering the perimeter of a circle
26.01.18 - Circles, three or more concentric; Concentric circles, three or more; Three or more concentric circles
26.01.21 - Circles that are totally or partially shaded.
26.11.05 - Rectangles made of broken or dotted lines
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
26.13.21 - Quadrilaterals that are completely or partially shaded

Filing Date: 06/20/2008

Current Basis: 1B

Original Filing Basis: 1B

Owner: (APPLICANT) Lucini Italia Company CORPORATION FLORIDA Suite 1410 Four Seasons Tower, 1441 Brickell Avenue Miami FLORIDA 33131

Attorney of Record: Tamara A. Miller

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "REGGIO-EMILIA ORGANIC", "D.O.P. 36 MONTHS", "ITALIA ORGANICS" AND "ARTISANAL RESERVE" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) red, black, tan, is/are claimed as a feature of the mark. The mark consists of the overall trade dress of one of the sides of the Applicant's cheese packaging. The side of the package is trapezoidal in shape, where the left edge and right edge are parallel to each other while to the top edge and bottom edge are not. The left edge of the packaging side is longer than the right edge, and the top edge is angled so that it meets the higher left edge and lower right edge. The shape of the package itself is not claimed as an element of the trade dress covered by this registration, and therefore the quadrilateral shape appears in black broken lines. The trade dress includes a circular crest-like logo on the left-hand section of the packaging side, which appears in red and has black lettering. This logo features a red circle within which appears the black outline of another circle, within which appears the black outline of yet another, inner circle. The inner most circle contains the number "36" prominently in the center, where the "3" appears slightly lower than the "6". In between the outer black circle and the inner black circle appears the wording "REGGIO-EMILIA ORGANIC", in black letters, where the wording "REGGIO-EMILIA" appears across the top of and outside the innermost circle and the word "ORGANIC" appears around the bottom of and outside the innermost circle. Horizontally and cutting across both the outer and inner circles appears the acronym "D.O.P." to the left of the "3" in the number "36" and on the left-hand side of the circular logo, and the word "Months" on the right-hand side of the circular logo and to the right of the "6" in the number "36". All of the lettering and lines within the red circle appear in black. The trade dress also includes, on the right-hand section of the packaging side: the word "LUCINI" appearing in black in a slightly rounded line where the center of the word is higher than the beginning and the end; under the mark "LUCINI" appears the word "ITALIA" in black in a straight line and in smaller letters; and under the word "ITALIA", in larger letters than "ITALIA" but smaller letters than "LUCINI", appears the word "ORGANICS", straight across, in black letters, and within a red rectangle. Along the bottom of the label appears the outline of a rectangular box where dotted black lines make up the perimeter of the rectangle. The box is included in the trade dress claim, and is divided by vertical lines into thirds, with the center third being slightly larger than the third on the left and the third on the right. The box is further divided in that the left-hand third of the box and the right-hand third of the box are each divided in half with a horizontal line. Appearing in the center third of this rectangular box is the wording "Artisanal Reserve" in decorative, italic black lettering and the appearance of this wording is also claimed as part of the trade dress. The entire background of the packaging side appears parchment-like (tan background with light brown markings), making the packaging side appear as if it has texture, and this look is claimed as part of the trade dress. All color as shown on the drawing is claimed as a feature of the trade dress. The trade dress is shown as it appears, on a package for cheese. The placement of the trade dress elements on the package is claimed as an element of the trade dress.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: DEAD

Prior Registrations: 2244504;2282053;2890468;AND OTHERS

SiteNo: 84446