| PTO Form 1478 (Rev 9/2006) |
| OMB No. 0651-0009 (Exp 12/31/2014) |
Trademark/Service Mark Application, Principal Register
TEAS Plus Application
| Serial Number: 85616569 |
| Filing Date: 05/04/2012 |
NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular
application.
The table below presents the data as entered.
Input Field
|
Entered
|
| TEAS Plus |
YES |
| MARK INFORMATION |
| *MARK |
\\TICRS\EXPORT11\IMAGEOUT 11\856\165\85616569\xml1\ FTK0002.JPG |
| *SPECIAL FORM |
YES |
| USPTO-GENERATED IMAGE |
NO |
| LITERAL ELEMENT |
MALIBU |
| *COLOR MARK |
NO |
*COLOR(S) CLAIMED
(If applicable) |
|
*DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the trade dress of the product packaging which features the word MALIBU in the middle portion of the product packaging. Swaths
of draping are featured at the top and bottom portions of the mark. However, no color is being claimed as a feature of the mark. |
| PIXEL COUNT ACCEPTABLE |
NO |
| PIXEL COUNT |
647 x 1193 |
| REGISTER |
Principal |
| APPLICANT INFORMATION |
| *OWNER OF MARK |
Commonwealth Brands, Inc. |
| INTERNAL ADDRESS |
P.O. Box 51587 |
| *STREET |
900 Church Street |
| *CITY |
Bowling Green |
*STATE
(Required for U.S. applicants) |
Kentucky |
| *COUNTRY |
United States |
*ZIP/POSTAL CODE
(Required for U.S. applicants only) |
42101 |
| LEGAL ENTITY INFORMATION |
| *TYPE |
CORPORATION |
| * STATE/COUNTRY OF INCORPORATION |
Kentucky |
| GOODS AND/OR SERVICES AND BASIS INFORMATION |
| *INTERNATIONAL CLASS |
034 |
| *IDENTIFICATION |
Cigarettes |
| *FILING BASIS |
SECTION 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 01/27/2010 |
| FIRST USE IN COMMERCE DATE |
At least as early as 01/27/2010 |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT11\IMAGEOUT 11\856\165\85616569\xml1\ FTK0003.JPG |
| SPECIMEN DESCRIPTION |
digital photograph of product packaging bearing the mark |
| ADDITIONAL STATEMENTS SECTION |
*TRANSLATION
(if applicable) |
|
*TRANSLITERATION
(if applicable) |
|
*CLAIMED PRIOR REGISTRATION
(if applicable) |
The applicant claims ownership of U.S. Registration Number(s) 1468603, 0848102, and 3589913. |
*CONSENT (NAME/LIKENESS)
(if applicable) |
|
*CONCURRENT USE CLAIM
(if applicable) |
|
| ATTORNEY INFORMATION |
| NAME |
Julie Ann Gregory |
| FIRM NAME |
Middleton Reutlinger |
| INTERNAL ADDRESS |
Suite 2600 |
| STREET |
401 S. Fourth Street |
| CITY |
Louisville |
| STATE |
Kentucky |
| COUNTRY |
United States |
| ZIP/POSTAL CODE |
40202 |
| PHONE |
(502) 584-1135 |
| FAX |
(502) 561-0442 |
| EMAIL ADDRESS |
jgregory@middletonlaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| OTHER APPOINTED ATTORNEY |
Julia R. McGuffey |
| CORRESPONDENCE INFORMATION |
| *NAME |
Julie Ann Gregory |
| FIRM NAME |
Middleton Reutlinger |
| INTERNAL ADDRESS |
Suite 2600 |
| *STREET |
401 S. Fourth Street |
| *CITY |
Louisville |
*STATE
(Required for U.S. applicants) |
Kentucky |
| *COUNTRY |
United States |
| *ZIP/POSTAL CODE |
40202 |
| PHONE |
(502) 584-1135 |
| FAX |
(502) 561-0442 |
| *EMAIL ADDRESS |
jgregory@middletonlaw.com |
| *AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| FEE INFORMATION |
| NUMBER OF CLASSES |
1 |
| FEE PER CLASS |
275 |
| *TOTAL FEE PAID |
275 |
| SIGNATURE INFORMATION |
| * SIGNATURE |
/wiiliam h. melton/ |
| * SIGNATORY'S NAME |
William H. Melton |
| * SIGNATORY'S POSITION |
Vice President |
| SIGNATORY'S PHONE NUMBER |
N/A |
| * DATE SIGNED |
05/03/2012 |
| PTO Form 1478 (Rev 9/2006) |
| OMB No. 0651-0009 (Exp 12/31/2014) |
Trademark/Service Mark Application, Principal Register
TEAS Plus Application
| Serial Number: 85616569 |
| Filing Date: 05/04/2012 |
To the Commissioner for Trademarks:
MARK: MALIBU (stylized and/or with design, see
mark)
The literal element of the mark consists of MALIBU.
The applicant is not claiming color as a feature of the mark. The mark consists of the trade dress of the product packaging which features the word MALIBU in the middle portion of the product
packaging. Swaths of draping are featured at the top and bottom portions of the mark. However, no color is being claimed as a feature of the mark.
The applicant, Commonwealth Brands, Inc., a corporation of Kentucky, having an address of
P.O. Box 51587,
900 Church Street
Bowling Green, Kentucky 42101
United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C.
Section 1051 et seq.), as amended, for the following:
For specific filing basis information for each item, you must view the display within the Input Table.
International Class 034: Cigarettes
In International Class 034, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/27/2010, and first used in commerce
at least as early as 01/27/2010, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the
class of listed goods and/or services, consisting of a(n) digital photograph of product packaging bearing the mark.
Specimen File1
The applicant claims ownership of U.S. Registration Number(s) 1468603, 0848102, and 3589913.
The applicant's current Attorney Information:
Julie Ann Gregory and Julia R. McGuffey of Middleton Reutlinger
Suite 2600
401 S. Fourth Street
Louisville, Kentucky 40202
United States
| The applicant's current Correspondence Information: |
| Julie Ann Gregory |
| Middleton Reutlinger |
Suite 2600
401 S. Fourth Street |
| Louisville, Kentucky 40202 |
| (502) 584-1135(phone) |
| (502) 561-0442(fax) |
| jgregory@middletonlaw.com (authorized) |
A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).
Declaration
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false
statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the
applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes
applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either
in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake,
or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.
Signature: /wiiliam h. melton/ Date Signed: 05/03/2012
Signatory's Name: William H. Melton
Signatory's Position: Vice President
RAM Sale Number: 7783
RAM Accounting Date: 05/04/2012
Serial Number: 85616569
Internet Transmission Date: Fri May 04 08:50:35 EDT 2012
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2012050408503554
7615-85616569-49086e15f6a223ca71bedb21b1
74a7722ef-CC-7783-20120503072609431708
