THE BERRY FACTORY A SHARI FITZPATRICK COMPANY Trademark - Registration Number 3604983 - Serial Number 77347251

THE BERRY FACTORY A SHARI FITZPATRICK COMPANY - Trademark Details

Status: 710 - Cancelled - Section 8

Serial Number

77347251

Registration Number

3604983

Word Mark

THE BERRY FACTORY A SHARI FITZPATRICK COMPANY

Status

710 - Cancelled - Section 8

Status Date

2015-11-20

Filing Date

2007-12-07

Registration Number

3604983

Registration Date

2009-04-14

Mark Drawing

3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s) Typeset

Design Searches

050901, 190704, 250125, 250305, 261107, 261701, 261704, 261705, 261709 - Berries. Flattened packages and cartons. Other framework and ornamental borders. Backgrounds covered with dots (not mere stippling). Rectangles with a decorative border, including scalloped, ruffled and zig-zag edges. Straight line(s), band(s) or bar(s). Vertical line(s), band(s) or bar(s). Horizontal line(s), band(s) or bar(s). Curved line(s), band(s) or bar(s).

Published for Opposition Date

2008-12-23

Attorney Name

Scott Hervey

Law Office Assigned Location Code

M50

Employee Name

VERHOSEK, WILLIAM T

Statements

Indication of Colors claimed

The color(s) Red (PMS485c), Foil Gold (M831), Foil Brown (M809), Bro is/are claimed as a feature of the mark.

Disclaimer with Predetermined Text

"BERRY" AND "COMPANY"

Description of Mark

The mark consists of a box top consisting of the words "THE" and "FACTORY" in Foil Brown (M809), the words "BERRY" and "A SHARI FITZPATRICK COMPANY" in Foil Gold (M831); with a strawberry design partly comprised of the letter "B" in the word "BERRY" in Red (PMS485c), Foil Gold (M831), Foil Brown (M809). The arch element and ornamental bordering are in Foil Gold (M831), with the box top otherwise in Red (PMS485c), and box top sides in Red (PMS485c) and white stripes. The bottom of the box consists of the colors Brown (PMS476c) with White circles of different sizes. The matter shown in broken lines is not part of the mark and serves only to show the position or placement of the mark.

Goods and Services

Chocolate truffles, chocolate candies, chocolate covered fruit and chocolate covered nuts

Name/Portrait Description and/or Consent Statement

The name "SHARI FITZPATRICK" identifies a living individual whose consent is of record.

Classification Information

International Class

030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

US Class Codes

046

Class Status Code

2 - Sec. 8 - Entire Registration

Class Status Date

2015-11-20

Primary Code

030

First Use Anywhere Date

2006-10-31

First Use In Commerce Date

2006-10-31

Correspondences

Name

Scott Hervey

Address

Please log in with your Justia account to see this address.

Trademark Events

Event Date	Event Description
2007-12-12	NEW APPLICATION ENTERED IN TRAM
2007-12-13	NOTICE OF DESIGN SEARCH CODE MAILED
2008-03-17	ASSIGNED TO EXAMINER
2008-03-20	NON-FINAL ACTION WRITTEN
2008-03-20	NON-FINAL ACTION E-MAILED
2008-03-20	NOTIFICATION OF NON-FINAL ACTION E-MAILED
2008-09-22	TEAS RESPONSE TO OFFICE ACTION RECEIVED
2008-09-22	CORRESPONDENCE RECEIVED IN LAW OFFICE
2008-09-23	TEAS/EMAIL CORRESPONDENCE ENTERED
2008-09-24	NON-FINAL ACTION WRITTEN
2008-09-24	NON-FINAL ACTION E-MAILED
2008-09-24	NOTIFICATION OF NON-FINAL ACTION E-MAILED
2008-10-08	TEAS RESPONSE TO OFFICE ACTION RECEIVED
2008-10-08	CORRESPONDENCE RECEIVED IN LAW OFFICE
2008-10-08	TEAS/EMAIL CORRESPONDENCE ENTERED
2008-10-14	APPROVED FOR PUB - PRINCIPAL REGISTER
2008-10-23	ASSIGNED TO LIE
2008-10-23	LAW OFFICE PUBLICATION REVIEW COMPLETED
2008-11-03	WITHDRAWN FROM PUB - OG REVIEW QUERY
2008-11-12	PREVIOUS ALLOWANCE COUNT WITHDRAWN
2008-11-12	NON-FINAL ACTION WRITTEN
2008-11-12	NON-FINAL ACTION E-MAILED
2008-11-12	NOTIFICATION OF NON-FINAL ACTION E-MAILED
2008-11-12	TEAS RESPONSE TO OFFICE ACTION RECEIVED
2008-11-12	CORRESPONDENCE RECEIVED IN LAW OFFICE
2008-11-13	TEAS/EMAIL CORRESPONDENCE ENTERED
2008-11-15	APPROVED FOR PUB - PRINCIPAL REGISTER
2008-11-16	LAW OFFICE PUBLICATION REVIEW COMPLETED
2008-12-03	NOTICE OF PUBLICATION
2008-12-23	PUBLISHED FOR OPPOSITION
2009-01-20	EXTENSION OF TIME TO OPPOSE RECEIVED
2009-03-09	EXTENSION OF TIME TO OPPOSE PROCESS - TERMINATED
2009-04-14	REGISTERED-PRINCIPAL REGISTER
2014-01-14	TEAS WITHDRAWAL OF ATTORNEY RECEIVED
2014-01-14	WITHDRAWAL OF ATTORNEY GRANTED
2015-11-20	CANCELLED SEC. 8 (6-YR)