Serial Number: 78789396

Reg Number: 3565961

Word Mark: EMILY'S CHICKEN & SPUDS

Goods and Services: IC 043. US 100 101. G & S: RESTAURANT SERVICES. FIRST USE: 20070600. FIRST USE IN COMMERCE: 20070600

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

Design Search Code: 01.05.04 - Sun with rays but neither partially exposed nor with facial features
03.15.03 - Chickens, hens, roosters; Chicks; Hens; Rooster
03.15.26 - Costumed birds and bats and those with human attributes
06.09.03 - Farms
07.11.09 - Brick walls; Fences (including barbed wire and chain link); Garden equipment, fencing; Gates; Walls
09.01.13 - Braids; Clotheslines; Rope; Shoe laces; String; Tightropes
26.03.09 - Geometric figures, objects, humans, plants or animals forming the perimeter of an oval or bordering the perimeter of an oval; Ovals having animals as a border; Ovals having geometric figures as a border; Ovals having humans as a border; Ovals having objects as a border; Ovals having plants as a border

Filing Date: 01/11/2006

Current Basis: 1A

Original Filing Basis: 1B

Owner: (REGISTRANT) Freshway Food Systems, Inc. CORPORATION SOUTH DAKOTA 1105 North Cliff Avenue, Suite 101 Sioux Falls SOUTH DAKOTA 57103

Attorney of Record: Troy Leonard

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CHICKEN & SPUDS" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) red, black, gray, white, and yellow is/are claimed as a feature of the mark. The color red appears in the comb and ear of the stylized chicken as well as in the front of the farmhouse. The color black appears in the oval shaped border, in the form of misshaped dots in the black oval border, the picket fence, the outline of the stylized chicken, a portion of the outline of the farm house and inside the farm house window, and in the wording "Emily's Chicken & Spuds". The color gray appears in the country road and in the five stylized chickens. The color white appears in the body and head of the chicken, as a shadow element in the wording "Emily's", along the roof and sides of the farm house, and as a shadow element in the five stylized chickens. The color yellow appears as the background color within the oval itself and represents the land surrounding the farm house and sky, the beak and feet of the stylized chicken, and within a portion of the farm house window. A darker shade of yellow appears in the sunbeams of the sunrise. The mark consists of a farm scene containing a stylized chicken, a farmhouse, a picket fence, a sunrise, five small-stylized chickens and a country road all centered in a stylized oval that contains the text "Emily's Chicken & Spuds".

Type of Mark: SERVICE MARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

SiteNo: 45129