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Address
First Use Date
Jan 1, 2011
Filing Date
Oct 23, 2015
Registration Date
Apr 4, 2017
Goods
The mark consists of the three dimensional trade dress of the product packaging for the goods. The box in which the goods are packaged is orange, with concentric circles of orange bubbles appearing throughout the packaging background. The white wording "RUM PUNCH!" appears in the front, top, left side of the packaging, outlined in black and yellow. Below it, on the front, bottom, left side of the packaging appears the "GASOLINA URBAN BLENDS" & Flame in Circle Design; this wording and design element appears five times on the product packaging, each time in the colors detailed herein. The design is of red flames with an orange outline, appearing on a circular gold background, outlined in orange. Immediately below this design is the wording "GASOLINA" in red and outlined in black and appearing on a yellow background, above the wording "URBAN BLENDS" in white and outlined in black. On the right side of the front of the packaging is an orange drink pouch, generally shaped like a rectangle, outlined in black, which represents the individual product packaging in the shape of a pouch. On the right of the pouch, written sideways from bottom to top in a shade of orange is the wording "GASOLINA". The phrase "STRAW INSIDE" written in white appears on the top left side of the background. To the left of this wording are two white, left-pointing arrows. Below the "STRAW INSIDE" wording is the white wording "RUM PUNCH!" above a curved, grey band that spreads across the packet. Below the band is the GASOLINA URBAN BLENDS & Flame in Circle Design. In the background of the packet are orange flame designs. On the far right side of the box, written sideways from bottom to top in a shade of orange is the wording "GASOLINA". The bottom of the front of the box has black dots. Similarly, there is a pattern of black dots that stretches from the top left side of the box onto the adjacent box sides, namely, top and left sides of the box. On the front upper right of the product packaging box is the wording "READY 2 DRINK!", written in red and outlined in yellow and black. Beneath the wording "READY 2 DRINK!" is the wording "COCKTAIL" appearing in yellow and outlined in black. On the top and left panels of the box, the "GASOLINA URBAN BLENDS" & Flame in Circle Design appears on the left, and the white wording "RUM PUNCH!" appears on the right, outlined in black and yellow. The white wording "RUM PUNCH!" appears in the back, top, right side of the packaging, outlined in black and yellow. On the back, top, left side of the packaging appears the "GASOLINA URBAN BLENDS" & Flame in Circle Design. The top of the back of the box has black dots. On the far right side of the back panel of the box, written sideways from bottom to top in a shade of orange is the wording "GASOLINA". The broken lines depicting the shape of the packaging indicate placement of the mark on the goods and are not part of the mark.
The color(s) orange, red, yellow, grey, gold, black, and white is/are claimed as a feature of the mark.
"STRAW INSIDE", "READY TO DRINK COCKTAIL", "RUM PUNCH", AND "BLENDS"
How often are these words disclaimed in Class 33?
The English translation of "GASOLINA" in the mark is "GASOLINE".
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