The mark consists of the three-dimensional configuration of distinctive trade dress characterizing the packaging for Applicant's goods. The trademark KELLY-MOORE( R ) appears in white capital letters in stylized letters in a horizontal formation against a blue background. Beneath KELLY-MOORE ( R ) appears the word PAINTS in white capital letters, also in stylized letters and also against a blue background. Beneath the word PAINTS, and located near the middle of the label, appears the word PREMIUM in white capital letters against a blue background. Beneath the word PREMIUM and also located near the middle of the label, appears the word PROFESSIONAL in white capital letters against a blue background. Two congruent, white horizontal line segments in the same plane and same y-axis intercept appear under the word PROFESSIONAL against a blue background. Beneath the two white, congruent horizontal line segments, horizontally bisected by said plane, appears the word INTERIOR in white capital letters against a blue background. A horizontal band of contrasting color appears substantially below the word INTERIOR and circumscribes the paint can label. A white horizontal band appears directly below and adjacent to the contrasting color band, said white horizontal band also circumscribing the paint can label. A black horizontal band appears directly below and adjacent to the white band at the bottom of the label, said black horizontal band also circumscribing the paint can label. From top to bottom, the background consists of the colors blue, a contrasting color to blue, white, and black. The trade dress elements are not functional or utilitarian. The product label elements are merely ornamental. The matter shown in the broken or dotted lines is not part of the mark and serves only to show the position or placement of the mark.
Mark For: KELLY-MOORE PAINTS PREMIUM PROFESSIONAL INTERIOR™ trademark registration is intended to cover the categories of paints; Coating compositions in the nature of paint; Coatings for wood as paints; Enamel paints; Enamels in the nature of house paint; House paint; House paints; Interior paint; Interior paints; Mixed paints; Water-based paints.
Status
2022-10-03 UTC
LIVE APPLICATION Awaiting Examination
The trademark application has been accepted by the Office (has met the minimum filing requirements) and has not yet been assigned to an examiner.
(Paints) Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. Explanatory Note This class includes mainly paints, colorants and preparations used for the protection against corrosion. Includes, in particular: paints, varnishes and lacquers for industry, handicrafts and arts; dyestuffs for clothing; colorants for foodstuffs and beverages.
Filed Use
Yes
Current Use
Yes
Intent To Use
No
Filed ITU
No
44D Filed
No
44E Current
No
66A Current
No
Current Basis
No
No Basis
No
Attorney Name
Leopold Lueddemann
Attorney Docket Number
60132.001
Timeline
2016-04-01
Date of First Use
2016-04-01
Date of Use In Commerce
2022-09-29
Application Filed
2022-10-03
Location: NEW APPLICATION PROCESSING
2022-10-03
Status: Live/Pending
2022-10-03
Status: New application awaiting assignment to an examining attorney. See current trademark processing wait times for more information.
LEOPOLD LUEDDEMANN BROTHERS SMITH, LLP 2033 N. MAIN STREET, STE. 720 WALNUT CREEK, CA 94596
Good, Services, and Codes
International Codes:
2
U.S. Codes:
006,011,016
Type Code
Type
DM0000
The mark consists of the three-dimensional configuration of distinctive trade dress characterizing the packaging for Applicant's goods. The trademark KELLY-MOORE( R ) appears in white capital letters in stylized letters in a horizontal formation against a blue background. Beneath KELLY-MOORE ( R ) appears the word PAINTS in white capital letters, also in stylized letters and also against a blue background. Beneath the word PAINTS, and located near the middle of the label, appears the word PREMIUM in white capital letters against a blue background. Beneath the word PREMIUM and also located near the middle of the label, appears the word PROFESSIONAL in white capital letters against a blue background. Two congruent, white horizontal line segments in the same plane and same y-axis intercept appear under the word PROFESSIONAL against a blue background. Beneath the two white, congruent horizontal line segments, horizontally bisected by said plane, appears the word INTERIOR in white capital letters against a blue background. A horizontal band of contrasting color appears substantially below the word INTERIOR and circumscribes the paint can label. A white horizontal band appears directly below and adjacent to the contrasting color band, said white horizontal band also circumscribing the paint can label. A black horizontal band appears directly below and adjacent to the white band at the bottom of the label, said black horizontal band also circumscribing the paint can label. From top to bottom, the background consists of the colors blue, a contrasting color to blue, white, and black. The trade dress elements are not functional or utilitarian. The product label elements are merely ornamental. The matter shown in the broken or dotted lines is not part of the mark and serves only to show the position or placement of the mark.
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