The color(s) red, white, and black is/are claimed as a feature of the mark.
The mark consists of A depiction of a fictitious person in white font, left of a white-colored no-smoking symbol located adjacent to the depiction, and the words "John Q. Smoker" in red font located around the top circumference of the no-smoking symbol, with a restricted symbol in white font located immediately to the right of the aforementioned wording, and the words "Life, Liberty and the Pursuit.." in white font displayed around the bottom circumference of the no-smoking symbol.
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.