Serial Number: 77386499

Reg Number: 3498572

Word Mark: BARBERITOS A SOUTHWESTERN GRILLE & CANTINA BARBERITOS BARBERITOS

Translation: The wording "BARBERITOS" in the mark has no meaning in a foreign language.

Goods and Services: IC 043. US 100 101. G & S: Restaurant services. FIRST USE: 20070801. FIRST USE IN COMMERCE: 20070801

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

Design Search Code: 01.05.01 - Sun, rising or setting (partially exposed or partially obstructed); Sunrise
01.05.03 - Sun representing a human face or an animal
02.01.33 - Grotesque men formed by letters, numbers, punctuation or geometric shapes; Stick figures
02.09.14 - Dancing, humans; Humans, including men, women and children, depicted dancing
02.11.14 - Finger pointing (gesture); Fingers walking (gesture) ; Gestures (OK, thumbs up, thumbs down, fingers walking, handshake, finger pointing); Hands and fingers forming the following: handshake, finger pointing, fingers walking, OK sign, and thumbs up or thumbs down; Handshake (gesture); OK gesture; Thumbs up or thumbs down (gesture)
04.07.03 - Geometric figures or combinations of geometric figures representing a person; Geometric figures representing a person; Geometric shapes forming a person; Person formed by geometric shapes
05.11.09 - Peppers
06.01.04 - Mountains (landscapes); Scenery with mountains
08.13.25 - Eggroll; Enchiladas; Potato chips; Potato chips; Rice; Salt; Snack foods; Sugar cubes; Tortilla chips
09.03.12 - Gloves, golf; Gloves, winter; Gloves, Work; Holders, pot; Mittens; Work gloves
09.03.13 - Beltbuckles (Belt buckles); Belts, clothing; Belts, Weight lifting; Buckles, belt or shoe; Jump ropes
09.05.05 - Sombreros, cowboy hats (10 gallon hats), other broad-brimmed hats
09.07.01 - Boots, hiking; Boots, rain and snow; Boots, western (cowboy); Hiking boots; Waders, wading boats (fishing)
16.03.07 - Eyeglasses; Frames, eyeglass; Glasses, eye; Glasses, safety; Goggles; Safety goggles; Spectacles; Sunglasses
26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.05 - Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal

Filing Date: 02/01/2008

Current Basis: 1A

Original Filing Basis: 1A

Owner: (REGISTRANT) Barberitos Franchising, Inc. CORPORATION GEORGIA P.O. Box 888 Athens GEORGIA 30603

Attorney of Record: Gregory Scott Smith

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "A SOUTHWESTERN GRILLE & CANTINA" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) red (pantone 185), green (panton 376), yellow (pantone process yellow), brown (panton 464), black (pantone process black), white is/are claimed as a feature of the mark. The mark consists of a smiling red pepper character with facial features in black, teeth in black and white, pepper character shape outlined in black, brown boots, green legs, a yellow belt outlined in black with a brown belt buckle that includes a yellow sun and the word "BARBERITOS" in yellow letters arched over the yellow sun, green arms, brown gloves, a brown hat outlined in black that includes a yellow sun and the word "BARBERITOS" in yellow letters arched over the yellow sun, a green stem outlined in black extending from the top of the brown hat, and black sunglasses with white highlights; the smiling red pepper character is holding a rolled up white tortilla outlined in black in a raised hand and is giving a "thumbs up" sign with an extended hand; the smiling red pepper character is standing in front of a background that includes a portion of a yellow sun and a silhouetted black mountain range; the smiling red pepper character is standing behind the word "BARBERITOS", the word "BARBERITOS" consists of yellow letters with red borders and is shadowed in black; the word "BARBERITOS" appears positioned over the phrase "A SOUTHWESTERN GRILLE & CANTINA" in black and a horizontal separator is positioned between them which consists of a horizontal line in black on the left side, followed to the right by five stick figures of tumbling men in black, followed to the right by a yellow sun outlined in black, followed to the right by five stick figures of tumbling men in black, followed to the right by a horizontal line in black. The white background of the mark indicates a transparent area and is not a part of the mark.

Type of Mark: SERVICE MARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 2719278;2930374

SiteNo: 110816