Color is not claimed as a feature of the mark.
The mark consists of We are filing for Trade dress of the overall outside LOOK of this product packaging that contains the Interchangeable and changeable slider blade dispensing apparatus with adjustable saw tooth trough tray, our patent application 13,987,177. Under Sections, 1202.02(f) and 1202.02(f)(i); The Ideal Dispenser Models of "slider coolers" which the Ideal Dispenser is so well known for throughout history since the 1940's(TM,S/N 86137105) distinctive characteristics are being claimed for protection under the Lanham Act, section 43a, for Trade Mark registration, which not only constitutes the products overall 60+ year well known design with in U.S. commerce of beverage vending machines. The (i.e. cooler cabinets) conveys the packaging which houses the slider rack apparatus which is the primary product. This said new apparatus is under a Utility Patent application (i.e. #13,187,177) submitted to the USPTO (07/08/13) Under Section, 1202.02(f)(ii); The cooler cabinet itself with its shape, design, multi colors and additional hardware compliments the overall packaging, of the said cabinet. The said cooler cabinet's secondary meaning is the distinctiveness of the packaging, which is the beverage cooler cabinet, with its radius corners (1), vertical and horizontal edges (1) and even the bottom edges (1). Along with this basic rectangular shape that has remained throughout the company's production years, includes the polished S.S. lid (2), cap catchers (3), coin boxes changers (4), chrome hinges (5), vented panels (6) and front S.S polished Apron (7), and lid stops (8). This said packaging i.e. said cabinet, will still house the primary product, the said new slider apparatus that collectively is the combined product for dispensing beverages. The different models have the same "consistent overall look", and same overall distinctive characteristics and design as mentioned in the above usefulness of the said packaging (i.e. said cabinet) even though each model is of a different overall size; The sizes are small, medium and large, each size holding an increasing amount of beverage containers. The said packaging (i.e. cooler cabinets) have remained unchanged for over 60+ years. These years are beneficial and can be shown through the well-known "Billboard magazine, advertising, internet searches, restoration businesses, company catalogs, newspaper articles, and through the different beverage companies archives, and history museums, that had The Ideal Company produced for their specific use in the sales of their individual product line. The years within the commercial vending industry, are considered a relevant secondary meaning due to the distinctiveness of the packaging; The overall packaging (ie. the cabinet) of the definite and consistent shape, sizes, are still remembered today, as the "slider cooler." Most generations, and definitely the baby boomer population automatically recognizes and calls the Ideal Dispenser the "slider cooler." It has remained popular and even today is wanted by antique dealers and people wanting that nostalgia item that brings back the "good ol times" in memories, for their homes and businesses today. Included with this application are six sheets of drawings that encompass one isometric view, and one plain view of each size, and one (1) Specimen #A, photograph, of the said packaging (i.e. said cooler cabinet) and Specimen B (Ideal Catalog Operating Guide and Specimen C, inside cover of catalog, containing original signature dated February 1, 1954. The packaging (cabinet) contains the primary product the said new slider beverage apparatus (9). NUMERICAL LIST 1) Radius (rounded) Corners a. Vertical Edges b. Horizontal Top and Bottom Edges c. Cabinet Corners d. Base Corners 2) Polished S.S. Lid 3) Cap Catchers 4) Coin Box Changer 5) Chrome Hinges a. Storage Door b. S.S. Lid 6) Vented (cooling) Panels, (include base) 7) Front S.S. Polished Apron 8) Lid Stops 9) New Slider Cooler Dispensing Apparatus (reference to packaging claim) REFERENCES; 1) The U.S. Supreme Court delivered a blow to advocates of product configuration Trade Dress rights in its March 19, 2000 decision in the case Wal-Mart Stores, Inc. v. Samara Brothers, Inc., Appeal No. 99-150, 529 U.S. ____ (2000). 2) Two Pesos Inc. v. Taco Cabana Inc., 505 U.S. 763, 112 S. Ct. 2753, 23 USPQ2d 1081 (1992). 3) The Supreme Court, in Qualitex Co. v. Jacobson Products Co., 514 U.S. 159, 115 S. Ct. 1300, 34 USPQ2d 1161 (1995), held that "color" trademarks, should be protected upon a showing of secondary meaning, stating that over time, customers may come to treat a particular color on a product or its packaging as a brand 34 USPQ2d, at 1162-63. Our mark does not consist of any specific company logo on front of cabinet, other than our own TM # 76698623, in upper right corner. (ie. Pepsi logo, or words of any kind, ie: "ice cold," or "drink.").
Trademark: 86190402
