M METROPOLITANMARKET MT. HOOD BLUEBERRIES EXCELLENT FOR EVERYTHING BLUEBERRY PERFECTLY RIPE BEST FLAVOR NORTHWEST ENLARGED TO SHOW DETAIL, CALORIES 70 PER 1 CUP SERVING SODIUM 0G NATURALLY DIETARY FIB - Trademark Details
Status: 700 - Registered
Serial Number
87544272
Registration Number
5436720
Word Mark
M METROPOLITANMARKET MT. HOOD BLUEBERRIES EXCELLENT FOR EVERYTHING BLUEBERRY PERFECTLY RIPE BEST FLAVOR NORTHWEST ENLARGED TO SHOW DETAIL, CALORIES 70 PER 1 CUP SERVING SODIUM 0G NATURALLY DIETARY FIB
Status
700 - Registered
Status Date
2018-04-03
Filing Date
2017-07-26
Registration Number
5436720
Registration Date
2018-04-03
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
050308, 050325, 050901, 260102, 260117, 260121, 261121 - More than one leaf, including scattered leaves, bunches of leaves not attached to branches. Other leaves. Berries. Plain single line circles. Two concentric circles. Circles that are totally or partially shaded. Rectangles that are completely or partially shaded.
Published for Opposition Date
2018-01-16
Attorney Name
Law Office Assigned Location Code
M30
Employee Name
ESTELL, BRITTANY ANN
Statements
Certificate of Correction for Registration
In the statement, line 1, "(WASHINGTON LIMITED LIABILITY COMPANY)" should be deleted, and (DELAWARE LIMITED LIABILITY COMPANY) should be inserted.
Indication of Colors claimed
The color(s) black, white, blue, green, and grey is/are claimed as a feature of the mark.
Disclaimer with Predetermined Text
"RESEALABLE POUCH", "MT. HOOD BLUEBERRIES", "EXCELLENT FOR EVERYTHING BLUEBERRY", "PERFECTLY RIPE BEST FLAVOR NORTHWEST", "ENLARGED TO SHOW DETAIL", "CALORIES 70 PER 1 CUP SERVING", "SODIUM 0G NATURALLY", "DIETARY FIBER 4G PER 1 CUP SERVING", "NET WT. 2 LBS. (907 G)", "KEEP FROZEN UNTIL READY FOR USE", AND THE DESIGN OF BLUEBERRIES
Description of Mark
The mark consist of the trade dress that appears in the packaging of the products, which contains the following components: The wording "RESEALABLE POUCH" is at the top in black. The mark "M" is depicted in the color black at the top of the product packaging inside of a black circle with a black leaf on the upper right portion of the circle. Below the mark "M" is the mark "METROPOLITANMARKET" in a stylized form. The mark "METROPOLITANMARKET" is depicted in the color black. Below the mark "METROPOLITANMARKET" appears the word elements "MT. HOOD" in stylized letters. The word elements "MT. HOOD" are the color white. Below the "MT. HOOD" word elements appear the word element "BLUEBERRIES" in stylized lettering. The word element "BLUEBERRIES" is the color white and the stylized lettering is of a larger size than the word elements "MT. HOOD". Both the word elements "MT. HOOD" and the word element "BLUEBERRIES" are inside a banner. The inside area of the banner is the color blue. There is a thin line in a wave pattern above and below the blue banner. The thin lines in a wave pattern are the color black. Below the thin line in a wave pattern underneath the blue banner are the word elements "EXCELLENT FOR EVERYTHING BLUEBERRY". The word elements "EXCELLENT FOR EVERYTHING BLUEBERRY" are in stylized lettering. The word elements "EXCELLENT FOR EVERYTHING BLUEBERRY" are the color black. Next to the "EXCELLENT FOR EVERYTHING BLUEBERRY" word elements appear two concentric circles with word elements in between the inner and outer circles and across the center of the concentric circles. The concentric circles are made up of two lines with space in between them. The concentric circles are the color green. The concentric circles are not solid all of the way around. The color white represents background or transparent areas and is not part of the concentric circles. The word element "NORTHWEST" in stylized letters is written across the center of the concentric circles and creates a break in the concentric circles. The word element "NORTHWEST" is the color green. The word elements "PERFECTLY RIPE" in stylized lettering appears in between the two green concentric circles. The word elements "PERFECTLY RIPE" appear arched in between the top half of the concentric circles. The word elements "PERFECTLY RIPE" are the color green. The word elements "BEST FLAVOR" in stylized lettering appear in between the two green concentric circles. The word elements "BEST FLAVOR" appear arched in between the bottom half of the concentric circles. The word elements "BEST FLAVOR" are the color green. Below the two green concentric circles appear three blueberries located at the right of the product packaging. The three blueberries are the color blue. The tops of the three blueberries appear opened, with jagged marks surrounding the edges of the openings. Two of the three blueberries appear in the forefront, with one blueberry in the background. The blueberry in the forefront and to the far right of the three blueberries is directed towards the right of the product packaging. The blueberry in the background is facing away and directed toward the top of the product packaging. The blueberry to the far left of the three blueberries is directed toward the top of the product packaging. The three blueberries appear to be the same size. Immediately to the left of this grouping of three blueberries are two additional blueberries. This set of two blueberries is located behind the other blueberries on the product packaging and are the color blue. The tops of the two blueberries appear opened, with jagged marks surrounding the edges of the opening. One of the blueberries appears at the forefront and is facing outwards on the product packaging. This blueberry has three leaves directly behind it. The three leaves are the color green and the leaf to the right of the blueberry in the forefront is directed toward the right of the product packaging. The other two green leaves are on the left of the blueberry in the forefront and are directed toward the top, left corner of the product packaging. The leaf directed toward the right of the product packaging is partially blocking the blueberry in the background of this set of two blueberries. The blueberry in the background is directed toward the top, left side of the product packaging. The two blueberries appear to be the same size. Immediately to the left of this grouping of two blueberries are two additional blueberries located at the left of the product packaging. The two blueberries are the color blue. The tops of the two blueberries appear opened, with jagged marks surrounding the edges of the openings. One blueberry appears at the forefront of the product packaging and is directed towards the left of the product packaging. The blueberry behind the first is directed towards the top of the product packaging. The two blueberries appear to be the same size. There are a total of seven blueberries on the product packaging. Each of these seven blueberries has a slight discoloration on the body of the blueberries that represents the skin of the blueberries and the texture of the blueberries. A line extends from the blueberry in the background of the set of two blueberries located at the left of the product packaging to the word elements "ENLARGED TO SHOW DETAIL" in stylized lettering. The word elements "ENLARGED TO SHOW DETAIL" are the color black. Below the set of two blueberries located at the left of the product packaging are two concentric circles with word elements in between the inner and outer circles and in the center. The concentric circles are made up of two lines with space in between them. The concentric circles are the color white. The concentric circles are not solid all of the way around. The background of the concentric circles is the color grey. The grey background extends beyond the outer circle of the concentric circles. The word element "70" in stylized letters is in the center of the two white concentric circles. The word element "70" is the color white. The word element "CALORIES" in stylized letters appears in between the two white concentric circles. The word element "CALORIES" appears arched in between the top half of the concentric circles. The word element "CALORIES" is the color white. The word elements "PER 1 CUP SERVING" in stylized lettering appear in between the two white concentric circles. The word elements "PER 1 CUP SERVING" appear arched in between the bottom half of the concentric circles. The word elements "PER 1 CUP SERVING" are the color white. Next to the first set of white concentric circles there is another set of two concentric circles with word elements in between the inner and outer circles and in the center. The concentric circles are made up of two lines with space in between them. The concentric circles are the color white. The concentric circles are not solid all of the way around. The background of the concentric circles is the color grey. The grey background extends beyond the outer circle of the concentric circles. The word elements "0G" in stylized lettering are in the center of the two white concentric circles. The word elements "0G" are the color white. The word element "SODIUM" in stylized letters appears in between the two white concentric circles. The word element "SODIUM" appears arched in between the top half of the concentric circles. The word element "SODIUM" is the color white. The word element "NATURALLY" in stylized letters appear in between the two white concentric circles. The word element "NATURALLY" appears arched in between the bottom half of the concentric circles. The word element "NATURALLY" is the color white. Next to the second set of white concentric circles is a third set of two concentric circles with word elements in between the inner and outer circles and in the center. The concentric circles are made up of two lines with space in between them. The concentric circles are the color white. The concentric circles are not solid all of the way around. The background of the concentric circles is the color grey. The grey background extends beyond the outer circle of the concentric circles. The word elements "4G" in stylized lettering are in the center of the two white concentric circles. The word elements "4G" are the color white. The word elements "DIETARY FIBER" in stylized lettering appear in between the two white concentric circles. The word elements "DIETARY FIBER" appear arched in between the top half of the concentric circles. The word elements "DIETARY FIBER" are the color white. The word elements "PER 1 CUP SERVING" in stylized lettering appear in between the two white concentric circles. The word elements "PER 1 CUP SERVING" appear arched in between the bottom half of the concentric circles. The word elements "PER 1 CUP SERVING" are the color white. Next to the third set of white concentric circles is the word elements "NET WT. 2 LBS. (907 G)" in stylized lettering. The word elements "NET WT. 2 LBS. (907 G)" are the color black. Next to the word elements "NET WT. 2 LBS. (907 G)", in the bottom right hand quarter of the product packaging, are the word elements "KEEP FROZEN UNTIL READY FOR USE" in stylized lettering. The word elements "KEEP FROZEN UNTIL READY FOR USE" are the color black. The upper quarter of the background of the product packaging appear in the color white. The lower half of the background of the product packaging appears in the color white. The rectangular shape of the package which is outlined in dotted lines is shown for positioning purposes only and is not claimed as a feature of the mark.
Goods and Services
Frozen fruit, namely, blueberries
Pseudo Mark
M METROPOLITAN MARKET MT HOOD BLUEBERRIES EXCELLENT FOR EVERYTHING BLUEBERRY PERFECTLY RIPE BEST FLAVOR NORTHWEST ENLARGED TO SHOW DETAIL, CALORIES 70 PER 1 CUP SERVING SODIUM 0 G NATURALLY DIETARY FIBER FOUR G PER ONE CUP SERVING NET WT. TWO POUNDS NINE HUNDRED SEVEN G KEEP FROZEN UNTIL READY FOR USE
Classification Information
International Class
029 - Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats. - Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
US Class Codes
046
Class Status Code
6 - Active
Class Status Date
2017-08-01
Primary Code
029
First Use Anywhere Date
2017-01-10
First Use In Commerce Date
2017-01-10
Current Trademark Owners
Party Name
Party Type
30 - Original Registrant
Legal Entity Type
16 - Limited Liability Company
Address
Please log in with your Justia account to see this address.
Trademark Owner History
Party Name
Party Type
30 - Original Registrant
Legal Entity Type
16 - Limited Liability Company
Address
Please log in with your Justia account to see this address.
Party Name
Party Type
20 - Owner at Publication
Legal Entity Type
16 - Limited Liability Company
Address
Please log in with your Justia account to see this address.
Party Name
Party Type
10 - Original Applicant
Legal Entity Type
16 - Limited Liability Company
Address
Please log in with your Justia account to see this address.
Correspondences
Name
Pam Kohli Jacobson
Address
Please log in with your Justia account to see this address.
Prior Registrations
Relationship Type | Reel Number |
Prior Registration | 2796237 |
Prior Registration | 2900806 |
Trademark Events
Event Date | Event Description |
2017-07-29 | NEW APPLICATION ENTERED IN TRAM |
2017-08-01 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
2017-08-02 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
2017-10-18 | ASSIGNED TO EXAMINER |
2017-10-23 | EXAMINERS AMENDMENT -WRITTEN |
2017-10-23 | EXAMINERS AMENDMENT E-MAILED |
2017-10-23 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
2017-10-23 | EXAMINER'S AMENDMENT ENTERED |
2017-10-23 | APPROVED FOR PUB - PRINCIPAL REGISTER |
2017-11-03 | ASSIGNED TO LIE |
2017-11-21 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
2017-11-27 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
2017-12-27 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
2018-01-16 | PUBLISHED FOR OPPOSITION |
2018-01-16 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
2018-04-03 | REGISTERED-PRINCIPAL REGISTER |
2019-03-06 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
2019-04-10 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
2019-05-16 | TEAS SECTION 7 REQUEST RECEIVED |
2019-05-30 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
2019-06-08 | CERTIFICATE OF CORRECTION ISSUED |
2020-01-29 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
2020-03-24 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
2020-03-24 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
2020-03-24 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
2020-03-24 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
2020-03-24 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |