| Description of Mark | 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 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 flavoring 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 above the words "KONA ICE;" those words are further outlined in a field that transitions from light purple at the left, through orange in the middle, to yellow at the right. The term "KONA" is in blue, outlined in darker 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 set against a white background; white embellishments, reminiscent of hanging icicles, are used to suggest a three-dimensional shape. The words "KONA-ICE.COM" appear in light orange on the front bumper. The hood and front bumper are shaded in blue, with swirls of lighter blue and white intended to suggest rolling waves. A penguin figure is shown above the windshield, riding a green surfboard with yellow swirl designs on a cresting blue and white wave. The penguin has black arms and legs, a grey belly and face, black and white eyes, and a yellow beak; it is wearing a red Hawaiian shirt with yellow and pink flower designs, a blue lei, a red cap adorned with a yellow letter K, and orange flip-flops. To the right of the penguin is a smiling yellow sun character, outlined in white and yellow, with a black mouth and red tongue wearing orange glasses, and beneath the sun are two grey and blue dolphins with black and white eyes swimming along the surface of the water. To the left of the penguin is a flying tropical bird. The bird is green and yellow-green with a yellow beak, red tongue, yellow feet, and black and white eyes; feathers on its head have yellow and red tips, while those on its tail have yellow and orange tips, and its wing feathers include a white band and blue tips. Below the tropical bird is a crab riding a yellow surfboard. The crab is red with black and white eyes. Both the crab and the penguin are holding a light blue cup marked with the letter K in white; the cups each hold a multi-colored shaved ice ball, shown in dark blue, green, yellow and red. This surfing scene is set against a light blue sky featuring white clouds. [2] The rear panel of the truck shows a beach entrance scene with a sand path in tan in the middle of the scene. Seashells in tan and brown rest in the sand at the bottom of the scene, with green grass and green plants bordering a sand path in the middle of the scene. The sand path passes through a tan bamboo arch with three bamboo poles fastened together with tan rope. On the left pole of the arch is a yellow diamond sign, bounded in tan bamboo and tan rope, with the word "CAUTION" in black, with a black triangle appearing above and below the word. On the right pole of the arch is a yellow rectangular sign, bounded in tan bamboo and tan rope, with the words "WATCH FOR CHILDREN" in black. Affixed to the center of the top of the arch is a tan irregularly-shaped sign that features the wording "TROPICAL SHAVED KONA ICE." The words "TROPICAL SHAVED" are outlined in purple against a white backdrop, and appear on separate slanting lines above 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. It is centered above the term "ICE," which appears in a lighter blue color, outlined in darker blue, and also set against a white background; white embellishments, reminiscent of hanging icicles, are used to suggest a three-dimensional shape. To the left of the words "TROPICAL SHAVED" is a smiling yellow sun character, outlined in white, with a black mouth and red tongue wearing orange glasses. At the bottom of the sign, a pair of tan ropes hold a smaller irregularly-shaped tan sign featuring a black and white buoy. The upper two-fifths of the scene features a dark blue strip representing water, with patches of white and lighter blue intended to suggest rolling waves, and above that a light blue sky featuring white clouds. Two grey and blue dolphins swim on the surface of the water; one is on the left side of the irregularly-shaped sign, and the other on the right side. Standing at the far end of the path, facing the water, is a penguin holding a red surfboard with yellow and green swirl designs, a crab, and a tropical bird. The penguin has a black body and is wearing a red Hawaiian shirt with green and blue feathers, a blue lei, orange flip-flops, and a red cap. The crab is red with black eyebrows. The tropical bird is green with yellow accents, and the tips of the feathers on its head and tail are red. [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, is comprised of green grass growing out of tan sand. 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. The left-most window is partially obscured by a black square sign bordered in tan bamboo. Several green plants sit behind the hut. Three black squares are set into the lower portion of the serving stand. Signage on the hut's roof shows, from left to right, red, orange and purple fruit; a wooden sign with the words "TROPICAL SHAVED" outlined in blue and purple against a white backdrop, which are outlined in a field that transitions from blue at the left, through purple and orange in the middle, to yellow at the right; the word "KONA" in blue against a white background, with lighter blue embellishments meant to suggest a three-dimensional shape; the word "ICE," shown in a lighter blue color, outlined in darker blue, and also set against a white background, with white embellishments reminiscent of hanging icicles, used to suggest a three-dimensional shape; and green, red and tan fruit. To the left of the tiki hut is a penguin figure, with black arms, a white face, black, blue and white eyes, and a yellow and orange beak; it is wearing a red Hawaiian shirt with yellow and pink flower designs, a blue lei, and a red cap adorned with a yellow letter K. The penguin is holding a light blue cup marked with the letter K in white; the cup holds a multi-colored shaved ice ball, shown in dark blue, yellow, green, red and purple. In front of the penguin is a tan bamboo crate. On top of the crate is a pile of fruit in the colors purple, red, orange, tan, yellow and green, all set on a pile of white ice. On the ground in front of the crate is a brown whole coconut and a brown and white coconut half. On the ground in front of the truck is a red crab with black and white eyes. In front of and to the right of the hut is a light brown wooden sign featuring the words "KONA ICE." The word "KONA" is in blue against a white background, with lighter blue embellishments meant to suggest a three-dimensional shape; 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. Perched on the sign is a green tropical bird with yellow and yellow-green accents, a yellow beak, yellow feet, and black and white eyes; feathers on its head have yellow and red tips. The bird is holding a light blue cup marked with the letter K in white; the cup holds a multi-colored shaved ice ball, shown in dark blue, yellow, green, red and purple. 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, further outlined in a field that transitions from light purple at the left, through orange in the middle, to yellow at the right. These words 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. 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 it is reversed from left to right. The crate in front of the penguin does not feature the dispenser, but instead simply shows the term "FLAVORWAVE," with the letters appearing in a spectrum of colors including, from left to right, red, purple, blue, green, yellow and orange. Further, the bamboo tiki hut only has two black squares in its lower section, one beneath each of the outermost windows, and shows a different window configuration in its top half, and no black square sign partially obscures any of the windows. |
