DRINK PEPSI-COLA ICE COLD - Trademark Details
Status: 622 - Misassigned Serial Number
Image for trademark with serial number 86190402
Serial Number
86190402
Word Mark
DRINK PEPSI-COLA ICE COLD
Status
622 - Misassigned Serial Number
Status Date
2014-04-08
Filing Date
2014-02-11
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s) Typeset
Design Searches
150110, 260301 - Vending machines. Ovals as carriers and single line borders.
Law Office Assigned Location Code
L50
Employee Name
LOTT, MAUREEN DALL
Statements
Indication of Colors claimed
Color is not claimed as a feature of the mark.
Description of Mark
The mark consists of We are filing for Trade dress of the overall outside LOOK of this product packaging that contains the Interchangeable and changeable slider blade dispensing apparatus with adjustable saw tooth trough tray, our patent application 13,987,177. Under Sections, 1202.02(f) and 1202.02(f)(i); The Ideal Dispenser Models of "slider coolers" which the Ideal Dispenser is so well known for throughout history since the 1940's(TM,S/N 86137105) distinctive characteristics are being claimed for protection under the Lanham Act, section 43a, for Trade Mark registration, which not only constitutes the products overall 60+ year well known design with in U.S. commerce of beverage vending machines. The (i.e. cooler cabinets) conveys the packaging which houses the slider rack apparatus which is the primary product. This said new apparatus is under a Utility Patent application (i.e. #13,187,177) submitted to the USPTO (07/08/13) Under Section, 1202.02(f)(ii); The cooler cabinet itself with its shape, design, multi colors and additional hardware compliments the overall packaging, of the said cabinet. The said cooler cabinet's secondary meaning is the distinctiveness of the packaging, which is the beverage cooler cabinet, with its radius corners (1), vertical and horizontal edges (1) and even the bottom edges (1). Along with this basic rectangular shape that has remained throughout the company's production years, includes the polished S.S. lid (2), cap catchers (3), coin boxes changers (4), chrome hinges (5), vented panels (6) and front S.S polished Apron (7), and lid stops (8). This said packaging i.e. said cabinet, will still house the primary product, the said new slider apparatus that collectively is the combined product for dispensing beverages. The different models have the same "consistent overall look", and same overall distinctive characteristics and design as mentioned in the above usefulness of the said packaging (i.e. said cabinet) even though each model is of a different overall size; The sizes are small, medium and large, each size holding an increasing amount of beverage containers. The said packaging (i.e. cooler cabinets) have remained unchanged for over 60+ years. These years are beneficial and can be shown through the well-known "Billboard magazine, advertising, internet searches, restoration businesses, company catalogs, newspaper articles, and through the different beverage companies archives, and history museums, that had The Ideal Company produced for their specific use in the sales of their individual product line. The years within the commercial vending industry, are considered a relevant secondary meaning due to the distinctiveness of the packaging; The overall packaging (ie. the cabinet) of the definite and consistent shape, sizes, are still remembered today, as the "slider cooler." Most generations, and definitely the baby boomer population automatically recognizes and calls the Ideal Dispenser the "slider cooler." It has remained popular and even today is wanted by antique dealers and people wanting that nostalgia item that brings back the "good ol times" in memories, for their homes and businesses today. Included with this application are six sheets of drawings that encompass one isometric view, and one plain view of each size, and one (1) Specimen #A, photograph, of the said packaging (i.e. said cooler cabinet) and Specimen B (Ideal Catalog Operating Guide and Specimen C, inside cover of catalog, containing original signature dated February 1, 1954. The packaging (cabinet) contains the primary product the said new slider beverage apparatus (9). NUMERICAL LIST 1) Radius (rounded) Corners a. Vertical Edges b. Horizontal Top and Bottom Edges c. Cabinet Corners d. Base Corners 2) Polished S.S. Lid 3) Cap Catchers 4) Coin Box Changer 5) Chrome Hinges a. Storage Door b. S.S. Lid 6) Vented (cooling) Panels, (include base) 7) Front S.S. Polished Apron 8) Lid Stops 9) New Slider Cooler Dispensing Apparatus (reference to packaging claim) REFERENCES; 1) The U.S. Supreme Court delivered a blow to advocates of product configuration Trade Dress rights in its March 19, 2000 decision in the case Wal-Mart Stores, Inc. v. Samara Brothers, Inc., Appeal No. 99-150, 529 U.S. ____ (2000). 2) Two Pesos Inc. v. Taco Cabana Inc., 505 U.S. 763, 112 S. Ct. 2753, 23 USPQ2d 1081 (1992). 3) The Supreme Court, in Qualitex Co. v. Jacobson Products Co., 514 U.S. 159, 115 S. Ct. 1300, 34 USPQ2d 1161 (1995), held that "color" trademarks, should be protected upon a showing of secondary meaning, stating that over time, customers may come to treat a particular color on a product or its packaging as a brand 34 USPQ2d, at 1162-63. Our mark does not consist of any specific company logo on front of cabinet, other than our own TM # 76698623, in upper right corner. (ie. Pepsi logo, or words of any kind, ie: "ice cold," or "drink.").
Goods and Services
Refrigerated vending machines
Goods and Services
Refrigerated dispensing units for beverages
Classification Information
International Class
007 - Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements (other than hand-operated); incubators for eggs. - Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements (other than hand-operated); incubators for eggs.
US Class Codes
013, 019, 021, 023, 031, 034, 035
Class Status Code
6 - Active
Class Status Date
2014-02-22
Primary Code
007
First Use Anywhere Date
1940-00-00
First Use In Commerce Date
1940-00-00
International Class
011 - Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. - Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
US Class Codes
013, 021, 023, 031, 034
Class Status Code
6 - Active
Class Status Date
2014-02-22
Primary Code
011
First Use Anywhere Date
1940-00-00
First Use In Commerce Date
1940-00-00
Correspondences
Name
SHEPPARD-PERKINS, JILL J.
Address
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Trademark Events
Event DateEvent Description
2014-02-14NEW APPLICATION ENTERED IN TRAM
2014-02-22NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
2014-02-25NOTICE OF DESIGN SEARCH CODE E-MAILED
2014-03-18ASSIGNED TO EXAMINER