Tobacco Documents Online

r.fCc_R.:a Er.,ER~_ 5 E v wE • vE~ RTfu ~qE - u 7~~+OJE RO W U~z ~WR~,ES W wF~z~ :EOROE ~ $~..OTT~ER 4' -R E EVERET• 1:~[T:1:1".t.~l:\LY,~\II[TTT:~I<)P.I. ` 1)I\. Lt.cOr.N Iti tLa>rvc:.G0 EAST 1•,d ti•rItrrT N uNv Yo rz K 17, :\ . Y. January 27, 1954 Philip Morris & Co. Ltd., Incorporated, 100 Park Avenue, New York 17, N.Y. Dear Sirs: ~E~Eaw~wE vyRR/wY ,a~l.~ 2Oa.a <~BIE EMVAWO We have acted as trade-mark counsel for Benson and Hedges since 1945 and in that capacity have become familiar with its trade- mark properties and the registrations thereof. 'We have made such review and investigation as we feel advisable for the purposes of this opinion. On the basis of the foregoing we are of the opinion that the trade-marks and trade names listed below, together with the good will appertaining thereto, are the sole property in the United States of Benson and Hedges, a New York corporation (which name is often shown as Benson & Hedges); that all such trade-marks have been duly regis- tered in the name of Benson and Hedges (or Benson & Hedges) in the United States Patent Office, and that such registrations are still in full force and effect. The said trade-marks and registrations thereof are as follows: Mark Goods Reg. No. Date PARLIAMBNT Cigarettes 378,340 June 4, 1940 DEBS Cigarettes 378,776 June 18, 1940 Benson & Hedges Label Cigars 411,340 Jan. 16, 1945 entitled Exclusive Import Selection BENSON & HEDGES Cigars, cigarettes 428,435 Mar. 25, 1947 FORMULA No. 12 and smoking tobacco Smoking tobacco 437,803 Mar. 30, 1948 LA YERBA (Tith design) Cigars 443,231 Aug. 16, 1949 VIRGINIA ROUNDS Cigarettes 500,279 May 11, 1948 PIPE CLUB Smoking tobacco 505,056 Dec. 21, 1948 Crest design Cigars, cigarettes and smoking tobacco 520,355 Jan. 31, 1950 cs ~ IELD & BTREAM ipe tobacco 23,871 pr. 11, w Q h• 1950 ~ -WARDLEIGH "Pipe tobacco 542,140 May 8, 1951 r~

Philip Morris & Co. Ltd., Incorporated - 2 Current price lists indicate that Benson and Hedges is offering cigars, cigarettes and smoking tobacco for sale under brand names and designations in addition to those mentioned above. Our records indicate that some of these brand names have been used at least since 1945 and may have acquired the status of common law trade-marks and that Benson and Hedges may be entitled to register the same. The status of these additional brand names has not been investigated by us and therefore we express no opinion thereon. Very truly yours, EMERY, VA.R.N EY, WHI`I'T EMORE & DIX Mw: RVJ B Manvel Whittemore i