The mark was first used anywhere in a different form other than that sought to be registered at least as early as 04/11/2003
The mark was first used in commerce in a different form other than that sought to be registered at least as early as 05/01/2003
The color(s) blue, brown, red and yellow is/are claimed as a feature of the mark.
"ICE CREAM AND THE PRESENTATION OF ICE CREAM CONES"
The mark consists of a light blue background with darker blue vertical stripes in the shape of a sign with a black, white then black border, at the top of the sign is a blue baseball cap featuring the letter "D" in red, to the left of the cap is a white baseball with red stitching, behind the cap and baseball are two crossing brown baseball bats below which appears the wording "THE ICE CREAM" in black with white accents on the wording "ICE CREAM", below which appears the wording "DUGOUT" in red with a back border, brown ice cream cones with pale yellow ice cream appear behind the letters "D" and "T" in the wording "DUGOUT".
Trademark: 85570598
