Serial Number: 85835750

Goods and Services: IC 029. US 046. G & S: Seafood. FIRST USE: 20100323. USED IN ANOTHER FORM The mark was first used anywhere in a different form other than that sought to be registered at least as early as 01/00/1965. FIRST USE IN COMMERCE: 20100323

Mark Drawing Code: (6) FOR SITUATIONS FOR WHICH NO DRAWING IS POSSIBLE, SUCH AS SOUND

Filing Date: 01/29/2013

Current Basis: 1A

Original Filing Basis: 1B

Owner: (APPLICANT) Tri-Union Seafoods, LLC LIMITED LIABILITY COMPANY CALIFORNIA 9330 Scranton Road, Suite 500 San Diego CALIFORNIA 92121

Attorney of Record: Susan E. Hollander

Description of Mark: The mark is a sound. The mark consists of a male vocalist singing "ASK ANY MERMAID YOU HAPPEN TO SEE, WHAT'S THE BEST TUNA?, CHICKEN OF THE SEA," accompanied by electric bass, rock drum kit, and electric guitar. Vocals: In bar one, the vocalist sings "Ask" [E4 quarter] "An-" [G4 eighth] "-y" [G4 eighth] "Mer" [B4 eighth] "-maid" [A4 eighth tied to quarter] "You" [A4 eighth]. In bar two, the vocalist sings "Hap" [B4 eighth] "-pen" [A4 eighth] "To" [B4 eighth] "See" [C5 half note] [eighth rest]. In bar three, the vocalist sings "What's" [B4 eighth] "The" [B4 eighth] "Best" [E5 quarter] "Tu" [B4 eighth] "-na" [G4 dotted quarter]. In bar four, the vocalist sings "Chick" [D5 eighth] "-en" [D5 eighth] "Of' [B4-flat eighth] "The" [B4 eighth] "Sea" [G4 quarter note] [quarter rest]. Electric Bass: In bar one, the bass plays [C3 dotted quarter] [C3 quarter] [D3 dotted quarter] [C3 eighth]. In bar two, the bass plays [G2 dotted quarter] [C3 half note] [C3 eighth]. In bar three, the bass plays [A2 eighth] [A2 eighth] [A2 eighth] [A2 eighth] [A2 eighth] [A2 eighth] [A2 eighth] [A2 eighth]. In bar four, the bass plays [D3 eighth] [D3 eighth] [D3 eighth] [D3 eighth] [G2 quarter] [G2 eighth] [G2 eighth]. In bar five, the bass plays [G2 quarter]. Electric Guitar (Strummed Rhythm): In bar one, the guitar plays [C5 dotted quarter] [C5 quarter] [D5 dotted quarter] [C5 eighth]. In bar two, the guitar plays [G4 dotted quarter] [C5 half note] [C5 eighth]. In bar three, the guitar plays [A4 eighth] [A4 eighth] [A4 eighth] [A4 eighth] [A4 eighth] [A4 eighth] [A4 eighth] [A4 eighth]. In bar four, the guitar plays [D5 quarter] [D5 quarter] [G4 quarter] [G4 eighth] [G4 eighth]. In bar five, the guitar plays [G4 quarter].

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 0097192;0836396;3626200;AND OTHERS

SiteNo: 1631