The color(s) yellow, red, and black is/are claimed as a feature of the mark.
Applicant seeks registration of the applied for mark for barbeque sauce in all of the U.S. and its territories excluding the state of Tennessee. Based on Reg. No. 4276211, the mark PIG-N-WHISTLE was used in the Millington, Tennessee area for "cafe-restaurants" as early as 12/31/2005. However, applicant was not aware of this use when applicant began using the applied for mark. Currently, a registration (i.e., Reg. No. 4276211) for "cafe-restaurants" has been issued to William Rupert, 3134 Woodland Pine Dr., Lakeland, Tennessee 38002. No one else except as specified in the application has the right to use the mark. Applicant's date of first use in commerce is before the filing date of the above-mentioned registration.
The mark consists of the stylized words PIG'N WHISTLE in red with two yellow and black pigs positioned before and after the wording, each pig facing the wording and holding a horn.
PIG AND WHISTLE
Trademark: 86863228
