The mark was first used anywhere in a different form other than that sought to be registered at least as early as 10/00/2008
The mark was first used in commerce in a different form other than that sought to be registered at least as early as 10/00/2008
Color is not claimed as a feature of the mark.
The mark consists of a coffee bean with humanoid facial features, wearing sunglasses and sneakers, and holding a steaming cup of coffee in its right hand which is extended outward from the body. The lettering on the side of the coffee cup consists of "HOT JAVA" on the top line, with "CAFE" centered on the lower line. The coffee bean is standing between the words "HOT" and "JAVA" which appear in a stylized jagged script. The shading of the letters is also jagged and not solid. The word "CAFE" is centered on the line below and appears in a smoother stylized script and the shading of the letters is solid.
The stippling is a feature of the mark and does not indicate color.