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KELLY-MOORE PAINTS PREMIUM PROFESSIONAL INTERIOR
Indifferent
MISASSIGNED SERIAL NUMBER

on 13 Jun 2023

Last Applicant/ Owned by

1575 Treat Blvd.

Walnut Creek

CA

94598

Serial Number

97613578 filed on 31st Dec 1969

Registration Number

N/A

Correspondent Address

LEOPOLD LUEDDEMANN

BROTHERS SMITH, LLP

2033 N. MAIN STREET, STE. 720

WALNUT CREEK, CA 94596

Filing Basis

1. use application currently

Disclaimer

"PAINTS, PREMIUM, PROFESSIONAL OR INTERIOR"

KELLY-MOORE PAINTS PREMIUM PROFESSIONAL INTERIOR

"PAINTS, PREMIUM, PROFESSIONAL OR INTERIOR" The color(s) blue, white and black is/are claimed as a feature of the mark. 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 The mark consists of the three-dimensional configRead More

Classification Information


Class [002]
Paint Products


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


First Use Date in General

01st Apr 2016

First Use Date in Commerce

01st Apr 2016

Mark Details


Serial Number

No 97613578

Mark Type

No Service/Collective Mark

Attorney Docket Number

No 60132.001

44D Filed

No

44D Current

No

44E filed

No

44E Current

No

66A Filed

No

66A Current

No

Current Basis

No

No Basis

No

Design Code(s)

19.07.15 -

Paint cans

20.03.06 -

Hang tags, labels including address labels

26.17.01 -

Straight line(s), band(s) or bar(s)

26.17.05 -

Horizontal line(s), band(s) or bar(s)

Description of Design Search

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.

Legal History


Status DateAction Taken
05th Jun 2023ASSIGNED TO EXAMINER
18th Oct 2022NOTICE OF DESIGN SEARCH CODE E-MAILED
17th Oct 2022NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
03rd Oct 2022NEW APPLICATION ENTERED