![]() Taken together, we find that the impression left by this specimen is that the two elements, DELI EXPRESS and SAN LUIS, are two separate trademarks rather than the single mark shown on the drawing page (emphasis added). The term CONCHA appears below these two elements in a lighter green box. The other literal portion, SAN LUIS, is outside of that border area and is further separated by a fanciful triangle design and placed upon a green background. First, the DELI EXPRESS portion is not only in a different font but is contained within a yellow-background, and then a larger red background, separated from the remainder of the packaging design by a black bar outlining the top left corner of the package. Here, we agree with the examining attorney that the specimen depicts the two literal portions DELI EXPRESS and SAN LUIS in such a manner that consumers would not perceive them as constituting a single composite mark. The Trademark Trial and Appeal Board (TTAB), in what it admitted to be a "necessarily subjective" analysis, examined the product label specimen - and on that basis alone - concluded it does not show use of the claimed DELI EXPRESS SAN LUIS mark: At issue in the case was whether the product label specimen (appearing below) shows use of the DELI EXPRESS SAN LUIS word-only mark as set forth in the standard character drawing of the trademark application: 9.8-oz boxes will be priced around $4.John Welch, over at the TTABlog, reported on a recent trademark specimen of use case (pdf here) one near and dear to my heart, since I represented the Applicant seeking to register the composite word-only mark DELI EXPRESS SAN LUIS for sweet rolls. Smorz will be in stores nationwide next month. "Kellogg's Smorz cereal has an incredibly passionate fanbase-and their efforts to bring back the cereal have paid off," senior marketing director of Kellogg All Family Cereal Erin Storm is quoted as saying in the statement. “Everyone could use SMORZ good news, so in response to a petition from superfans and pleas on social media, Kellogg's Smorz Cereal is back,” reads a December 16 statement from Kellogg’s. But you know what they say comes to those who wait. Wait Zach B and many others did, as his crusade appears to date back about a year. “I'd hate to wait another 3 years or so for a comeback of something that makes me and many others really happy, and none of them should either.” I propose we bring it back once and for all, as this cereal is beloved by many and disliked by the few,” reads petitioner Zach B’s plea. ![]() “Not only is this cereal delicious, but it's one of a kind! Post's Smores cereal can't compare at all with it's bland taste. Its 2021 return is thanks to a petition to “Bring Back Kellogg’s Smorz cereal” that was still growing at the time of publication. Kellogg’s Smorz cereal-a chocolate graham and marshmallow combo-was on the market from 19. And in January, s’mores will come back in cereal form. Sure, it’s most classically prepared over a campfire, but we’ve been known to make ‘em in the microwave, on a gas range’s open flame, and even baked into a sweet casserole. There’s more than one way to enjoy a s’more.
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