The mark consists of three dimensional configuration or "trade dress" for the appearance and design of the interior of a restaurant. The stylized wording "CUPS" in purple and a design of two purple polka dotted yogurt cups filled with yogurt appearing on an oval overhang in the front of the restaurant interior. A lounge seating area in the colors purple, dark green, light green, light blue, dark blue, and gray also appears in the front of the restaurant interior. The lounge area also contains purple and green tables. The lounge area is flanked with a fun wall montage comprising of beach imagery and posters. A curved shaped counter appears in the front of the restaurant interior. There are decorative beams on the ceiling of the front and the back of the interior. Toward the back there is a long wall colored with vertical tiles in shades of the colors purple and green. That wall houses several frozen yogurt dispensers and opposite are decorative curved glass partitions embedded with purple and green polka dots to reinforce a polka dot theme. Underneath the glass partitions are two brown circles and a green semi circle. The posters and door in the front of the restaurant interior and the yogurt dispensers in the back of the restaurant interior shown in broken or dotted lines are not part of the mark and serve only to show the position or placement of the mark. The white appearing in the yogurt cups design on the front overhang, curved shaped counter, front wall and wall montage, ceiling and floor represents background and is not claimed as color. The black appearing in the lounge seating, lounge tables, wall montage, counter, ceiling, and glass partitions is outlining and is not claimed as color. The matter shown in broken lines is not part of the mark and serves only to show the position of the mark.
Design plus words, letters, and/or numbers
The color(s) purple, dark green, light green, light blue, dark blue, gray, green, and brown is/are claimed as a feature of the mark.
Bathing suits (women wearing), Cypress tree, Art galleries, Dining room interior, Fiberglass, Cream, whipped , Other forms of ice cream, sherbet and frozen yogurt , Afghan, Beer steins or mugs, Coffee cups, Arm chairs, Benches, exercise , Bands, straight , Bands, vertical