Color is not claimed as a feature of the mark.
The mark consists of The trade dress is on a bilayer skin care product where up to 50 percent oil concentration is separated from a minimum of 50 percent aqueous concentration when the product is in its settled state. This product mixes fully after shaking, and remains fully mixed for up to a few minutes after shaking. There are no skin care products in the market with this unique and distinct bilayer composition. Skin care products in the market are usually a homogenous liquid, pure oily substances, creams, or solid emulsifiers. There is no product in the market that exists as a liquid bilayer that requires shaking to homogenize to a single layer prior to application, and that settles back to a bilayer state. The skin care product that always has a separation of oil from water layers in it's settled state does defines our brand's offering and core value. This product has been in the stream of commerce since 2017, including at high-end retail locations such as D Pet Hotels locations in the Greater Los Angeles Area, and online catalogs such as Etsy and others. ay also be pure oily substances that are homogeneous, and creams or solid emulsifiers that are not liquid or have a viscosity that is considerably different from this trademark. There is no product in the market in this category that exists with: ( 1 ) a separation of oil / water layers, ( 2 ) that requires shaking to homogenize to a single layer prior to application, and ( 3 ) that settles back to a state where the oil / water layers are separated. Further, the skincare is accompanied by aromatic oils and waters contained in our product. These visual characteristics define the ability of our customers to recognize our brand based on appearance for aromatic and hydrating skincare products. Our products have been in the stream of commerce since 2017. This trademark will allow our company to further develop other aromatic skincare products with this distinct, identifiable, and unique look and properties that visually defines our brand.