Proud Pour applied for a mark on December 15, 2017 that consists of a 3D “product packaging, which is an oyster shell that is hung from the neck of a wine bottle. The oyster shell has a hole made in it and is hung from the neck of the bottle by twine, string, a rubber band, or other similar item. The hole made in the oyster shell, the item or method used to hang the shell, and the wine bottle are not part of the mark. The broken lines depicting the hole, the item used to hang the shell, and the wine bottle are intended to show the position of the mark and are not part of the mark.”
The drawing and mark in context of the wine bottle as follows:
The USPTO added the following design codes to the application:
03.19.18 – Conch shells;Nautilus;Sand dollars;Scallops;Shells, including sand dollars, nautilus, conch shells and scallops
19.09.03 – Bottles, jars or flasks with straight, vertical sides;Flasks with straight or vertical sides;Jars with straight or vertical sides [Not claimed as part of the mark]
A search of 03.19.18 in connection with wine reveals the following:
There is also a design code that covers Oysters: 03.19.12 – Clams; Mollusks; Oysters
A search of 03.19.12 in connection with wine reveals the following:
No office action issued and a registration (U.S. Reg. No. 5519295) issued on July 17, 2018.
Blog by: Mary B. Aversano
Aversano IP Law | aversanoiplaw.com
E: Trademarks@aversanoiplaw.com | T: (310) 904-9380
