Serial Number: 77928833

Reg Number: 3939679

Word Mark: AMERICA'S FAVORITE HEINZ ORIGINAL COCKTAIL SAUCE

Goods and Services: IC 030. US 046. G & S: Sauces. FIRST USE: 20080300. FIRST USE IN COMMERCE: 20080300

Mark Drawing Code: (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Design Search Code: 03.19.09 - Crawfish; Crayfish; Crustaceans; Lobsters; Prawns; Shrimp
19.09.03 - Bottles, jars or flasks with straight, vertical sides; Flasks with straight or vertical sides; Jars with straight or vertical sides
24.09.07 - Advertising, banners; Banners
26.03.07 - Ovals with a decorative border, including scalloped, ruffled and zig-zag edges
26.03.21 - Ovals that are completely or partially shaded
26.11.12 - Rectangles with bars, bands and lines
26.11.21 - Rectangles that are completely or partially shaded
26.11.26 - Oblongs as carriers for words, letters or designs
26.15.27 - Keystones

Filing Date: 02/05/2010

Current Basis: 1A

Original Filing Basis: 1A

Owner: (REGISTRANT) ProMark Brands Inc. CORPORATION IDAHO Suite 100 2541 North Stokesberry Place Meridian IDAHO 83646

(LAST LISTED OWNER) H. J. HEINZ COMPANY CORPORATION PENNSYLVANIA ONE PPG PLACE, SUITE 3100 PITTSBURGH PENNSYLVANIA 15222

Attorney of Record: Sabrina J. Hudson

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ORIGINAL COCKTAIL SAUCE" AND THE DEPICTION OF THE SHRIMP APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) blue, gold, white, black, yellow and pink is/are claimed as a feature of the mark. The mark consists of the configuration of the packaging for the goods as depicted on the drawing which shows a clear glass bottle with a lid, the lower portion of which contains eight oblong panels which are round on the top and bottom, and a label around the neck of the bottle and a label on the front of the bottle. The lid and the outline of the bottle appear in dotted lines to show that they are not claimed as a feature of the mark and only serve to show positioning of the features of the mark on the bottle. The label around the neck of the bottle is blue with gold horizontal lines on the top and bottom of the label. The words "AMERICA'S FAVORITE" appear in blue on a gold oval. The label on the front of the bottle is generally in the shape of a keystone with the colors gold and blue outlining the label. The background of the label is in the color white. The wording "HEINZ" appears in the color black, the wording "ORIGINAL" appears in the color blue set against a yellow banner, and the words "COCKTAIL SAUCE" appear in the color white set against an oval-shaped carrier in blue and white and outlined in gold, white and blue. An image of a pink shrimp appears beneath the wording.

Type of Mark: TRADEMARK

Register: PRINCIPAL-2(F)-IN PART

Live/Dead Indicator: LIVE

Prior Registrations: 0062182;0799959;2665061;3500966;AND OTHERS

SiteNo: 63930