ALMOST HEAVEN

The mark consists of trade dress for the "Almost Heaven" swing, which comprises the following distinctive and non-functional design elements: (1) Frame Construction: The swing is suspended from a rectangular wooden frame constructed from thick, solid timber beams. The frame's posts are positioned vertically and support a horizontal beam at the top. The overall appearance of the frame is robust and sturdy, with a rustic aesthetic due to the visible wood grain and natural finish. (2) Signage Integration: A distinctive feature is the incorporation of a wooden sign at the top center of the frame, where the brand name "almost heaven" is engraved or carved in a handwritten, cursive style. The sign blends seamlessly with the frame, adding an ornamental and personalized touch that distinguishes the swing from other similar products. (3) Swing Seat Design: The swing seat itself is a flat, wooden plank that matches the natural, rustic appearance of the frame. The seat is suspended by two thick, braided ropes attached securely to the top horizontal beam of the frame. The ropes are dark and contrast with the light wood, further enhancing the visual appeal. (4) Overall Aesthetic: The swing's design evokes a nostalgic, inviting atmosphere, reminiscent of a serene outdoor experience. The combination of the natural wood finish, the personalized signage, and the simplicity of the swing's construction creates a unique look that is easily identifiable and strongly associated with the "Almost Heaven" brand. (5) Branding Placement: The placement of the "almost heaven" sign at the top of the swing frame is central to the trade dress, as it not only identifies the source of the product but also contributes to the overall aesthetic and recognition of the design. Non-Functional Aspects: The overall shape of the swing's frame, the engraved sign, and the braided ropes are ornamental and not essential to the function of the swing. The rustic finish and choice of materials are purely aesthetic, contributing to the swing's unique appearance rather than its functionality..

Color is not claimed as a feature of the mark.