The color(s) black, white, blue, yellow, yellow-green, red, green, orange, grey, tan, light brown, purple and pink is/are claimed as a feature of the mark.
"TROPICAL SHAVED," "ICE," "CAUTION," "WATCH FOR CHILDREN" AND "0 MILES"
The mark consists of three-dimensional configuration of product packaging as applied to the exterior of a service truck, including the elements contained on the front, back and both sides of the truck for the applied-for goods and services. The broken lines depicting the truck tires, wheels, doors, door handles, front and rear vehicle lights, grille, license plate, windshield and windows, mirrors, truck cab interior, loading dock, engine parts, and Flavorwave dispenser all indicate placement of the mark on the service truck, and are not claimed as part of the mark. The product packaging consists of the following: [1] On the front panel, the words "TROPICAL SHAVED KONA ICE" appear on the hood of the truck. The words "TROPICAL SHAVED" are outlined in purple against a white backdrop, and appear on a slant to the top left of the words "KONA ICE". The term "KONA" is in blue against a white background, with lighter blue embellishments meant to suggest a three-dimensional shape. The term "ICE" is in a lighter blue color, outlined in darker blue, and also set against a white background; white embellishments, with some reminiscent of hanging icicles, are used to suggest a three-dimensional shape. The words "KONA-ICE.COM" appear in white on the front bumper. The hood and front bumper are shaded in blue, with swirls of lighter blue intended to suggest rolling waves. A penguin figure is shown above the windshield, riding a yellow-green surfboard on a cresting blue and white wave. The penguin has black arms and legs, a white belly and face, black and white eyes, and a yellow beak; it is wearing a red Hawaiian shirt with yellow and green flower designs, a blue lei, and a red cap adorned with a yellow letter K. To the right of the penguin is a smiling yellow sun character wearing blue glasses, and beneath the sun are two grey dolphins swimming along the surface of the water. The backdrop for this surfing scene is a light blue sky featuring white clouds. [2] The rear panel of the truck shows a beach scene. The bottom half of the background is comprised of tan sand adorned with seashells and a sand castle, above which is a dark blue strip representing the water, and above that a light blue sky featuring white clouds. Green fronds from palm trees are found in the upper corners of the panel. A yellow sun character wearing blue glasses is positioned in the sky, partially obscured by one of the clouds. On the beach itself stand a penguin, a tropical bird, and a crab. The penguin has black arms and legs, a white belly and face, black and white eyes, and a yellow beak; it is wearing a red Hawaiian shirt with yellow and green flower designs, a blue lei, yellow and orange flip-flops, and a red cap adorned with a yellow letter K. It is holding a light blue cup that holds a tri-colored shaved ice ball, shown in dark blue, yellow and red. The tropical bird is green with a yellow beak, yellow feet, and black and white eyes; feathers on its head have red tips, while those on its tail have red and blue tips. The crab is red with green and white eyes. The crab is holding in one claw a green and white paint brush with black bristles and yellow paint. It is painting a tri-colored ball, shown in dark blue, yellow and red. The crab is also holding a tan paint palette with paint splotches in yellow, blue, purple, pink and red. Behind the crab is a tan bamboo pole on which hang two yellow signs outlined in black. The top sign appears as a diamond and bears the word "CAUTION" in black, with triangle of black appearing above and below the word. The bottom sign appears as a square and bears the words "WATCH FOR CHILDREN" in black. Behind the tropical bird, a light green surfboard stands propped up in the sand. The surfboard is decorated with chevrons in pink, orange and yellow. The words "TROPICAL SHAVED" are superimposed in white over the top of the surfboard. Below them, the word "KONA" appears in blue against a white background, with lighter blue embellishments meant to suggest a three-dimensional shape. The term "ICE" appears below "KONA". It is shown in a lighter blue color, outlined in darker blue, and also set against a white background; white embellishments, with some reminiscent of hanging icicles, are used to suggest a three-dimensional shape. Finally, the words "KONA-ICE.COM" appear in smaller type in blue below the term "ICE". [3] The passenger-side panel of the truck shows another beach scene. The bottom two-thirds of the background, from the rear of the truck to the doors of the cab, are comprised of tan sand dotted with seashells. Above and to the right of the sand is blue water with lighter blue waves and swirls of lighter blue intended to suggest rolling waves. The top third of the background is comprised of a light blue sky featuring white clouds. In the foreground is a tan bamboo tiki hut with three window areas and a light brown thatched roof. Three black squares are set into the lower portion of the serving stand. A handful of tufts of green grass sprout around the base of the hut, and several palm trees with tan trunks and green fronds sit behind the hut. Strands of colored lights, in green, blue, red and yellow, are strung across the roof of the hut and again along its midsection, just below the windows. Signage on the hut's roof shows, from left to right, a smiling yellow sun character wearing blue glasses, a wooden sign with the words "TROPICAL SHAVED" outlined in blue and purple against a white backdrop, the word "KONA" in blue against a white background, with lighter blue embellishments meant to suggest a three-dimensional shape, and the word ICE, shown in a lighter blue color, outlined in darker blue, and also set against a white background, with white embellishments, some reminiscent of hanging icicles, used to suggest a three-dimensional shape. To the left of the tiki hut is a penguin figure, with black arms and legs, a white belly and face, black and white eyes, and a yellow beak; it is wearing a red Hawaiian shirt with yellow and green flower designs, a blue lei, yellow and orange flip-flops, and a red cap adorned with a yellow letter K. It is holding a light blue cup that holds a tri-colored shaved ice ball, shown in dark blue, yellow and red. In front of the penguin's legs is a tan bamboo sign frame, which contains a dispenser below which is the word "FLAVORWAVE", with the letters appearing in a spectrum of colors including, from left to right, red, purple, blue, green, yellow and orange. On the sand in front of the tiki hut is a red crab with blue and white eyes, holding a blue toy shovel. Perched on the window opening on the right side of the hut is a green tropical bird with a yellow beak, yellow feet, and black and white eyes; feathers on its head have red tips, while those on its tail have red and blue tips. A light brown wooden sign is implanted in the sand beneath the tropical bird; the sign reads "KONA ICE 0 MILES", with a red arrow pointing toward the tiki hut. On this sign, the word "KONA" appears in blue against a white background, with lighter blue embellishments meant to suggest a three-dimensional shape. The term "ICE" is shown in a lighter blue color, outlined in darker blue, and also set against a white background; white embellishments, with some reminiscent of hanging icicles, are used to suggest a three-dimensional shape. The phrase "0 MILES" is in white type. Two grey dolphins are emerging from the water to the right of the stand, and in the sky above and to the right of them is a yellow sun character wearing blue glasses. On the door of the truck are the words "TROPICAL SHAVED KONA ICE KONA-ICE.COM". The words "TROPICAL SHAVED" are outlined in purple against a white backdrop, and appear on a slant above the word "KONA", which is shown in blue against a white background, with lighter blue embellishments meant to suggest a three-dimensional shape. The term "ICE" appears below that, in a lighter blue color, outlined in darker blue, and also set against a white background; white embellishments, with some reminiscent of hanging icicles, are used to suggest a three-dimensional shape. Finally, the words "KONA-ICE.COM" appear in white beneath the other wording on the door. [4] The driver-side panel of the truck shows essentially the same image as the passenger side (as described in [3] above), except that the bamboo sign frame (and the material framed therein) does not appear in front of the penguin's legs, and the bamboo tiki hut only has two black squares in its lower section, one beneath each of the outermost windows.
TROPICAL SHAVED KONA ICE KONA-ICE FLAVOR WAVE CAUTION WATCH FOR CHILDREN KONA ICE 0 MILES
Trademark: 86457995
