The mark consists of the three-dimensional configuration of distinctive trade dress characterizing the packaging for Applicant's goods. The trademark KELLY-MOORE( R ) appears in white capital letters in stylized letters in a horizontal formation against a blue background. Beneath KELLY-MOORE ( R ) appears the word PAINTS in white capital letters, also in stylized letters and also against a blue background. Beneath the word PAINTS, and located near the middle of the label, appears the word PREMIUM in white capital letters against a blue background. Beneath the word PREMIUM and also located near the middle of the label, appears the word PROFESSIONAL in white capital letters against a blue background. Two congruent, white horizontal line segments in the same plane and same y-axis intercept appear under the word PROFESSIONAL against a blue background. Beneath the two white, congruent horizontal line segments, horizontally bisected by said plane, appears the word INTERIOR in white capital letters against a blue background. A horizontal band of contrasting color appears substantially below the word INTERIOR and circumscribes the paint can label. A white horizontal band appears directly below and adjacent to the contrasting color band, said white horizontal band also circumscribing the paint can label. A black horizontal band appears directly below and adjacent to the white band at the bottom of the label, said black horizontal band also circumscribing the paint can label. From top to bottom, the background consists of the colors blue, a contrasting color to blue, white, and black. The trade dress elements are not functional or utilitarian. The product label elements are merely ornamental. The matter shown in the broken or dotted lines is not part of the mark and serves only to show the position or placement of the mark.
The color(s) blue, white and black is/are claimed as a feature of the mark.
"PAINTS, PREMIUM, PROFESSIONAL OR INTERIOR"
Trademark: 97555084
