The mark was first used anywhere in a different form other than that sought to be registered at least as early as 01/01/1952
The mark was first used in commerce in a different form other than that sought to be registered at least as early as 01/01/1952
Color is not claimed as a feature of the mark.
"FROZEN DAIRY INC." AND "EST. 1951"
The mark consists of the word "MARVEL" in capital letters over a horizontal line, with the image of a soft serve ice cream cone replacing the letter "V". The cone area inside the "V" includes several squares that represent the texture of a waffle cone. Under the horizontal line the words "FROZEN DIARY INC." in smaller font are centered. The next line includes the phrase "Est. 1951" in between two lines.
MARVEL FROZEN DAIRY INC. ESTABLISHED NINETEEN FIFTY ONE; MARVEL FROZEN DAIRY INC. ESTABLISHED ONE THOUSAND NINE HUNDRED FIFTY ONE; MARVEL FROZEN DAIRY INC. ESTABLISHED ONE NINE FIVE ONE