Serial Number: 76535305

Reg Number: 2905866

Word Mark: HERR'S BITE SIZE DIPPERS TORTILLA CHIPS

Goods and Services: IC 030. US 046. G & S: TORTILLA CHIPS. FIRST USE: 20010111. FIRST USE IN COMMERCE: 20010111

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

Design Search Code: 26.01.02 - Circles, plain single line; Plain single line circles
26.03.28 - Miscellaneous designs with overall oval shape, including amoeba-like shapes and irregular ovals; Oval shape (miscellaneous overall shape)
26.05.28 - Miscellaneous designs with overall triangular shape; Triangular shape (miscellaneous overall shape)
26.11.28 - Miscellaneous designs with overall rectangular shape; Rectangular shapes (miscellaneous overall shape)
26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved

Filing Date: 08/06/2003

Current Basis: 1A

Original Filing Basis: 1A

Owner: (REGISTRANT) HERR HOLDINGS, INC. CORPORATION DELAWARE 3411 SILVERSIDE ROAD WILMINGTON DELAWARE 19810

Attorney of Record: BREWSTER TAYLOR

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BITE SIZE DIPPERS TORTILLA CHIPS" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) red, orange, green, magenta, blue, brown and yellow is/are claimed as a feature of the mark. The trapezoidal figure forming the background to the term "HERR'S" is colored red; the rectangular figures in the mark, the outline of the chip figures and the combination "v" and diamond shape figures on either side of the words "BITE SIZE DIPPERS" are colored orange; the outside of the bowl figure and the "v" and diamond shapes appearing beneath the heavy black line in the mark are colored green, the long rectangular figure appearing above the uncolored "v" and "diamond shape figures, the irregular line beneath the orange rectangles at the top of the drawing, the line appearing beneath the orange rectangles at the bottom of the drawing, the line contiguous with the orange rectangles in the center of the drawing, the outline of the words "BITE SIZE DIPPERS" and of the irregular rectangular figure in the center of the drawing are colored magenta; the backgrounds in the circle and irregular rectangular figure in the center of the drawing and of the larger rectangular figure between the magenta line at the bottom of the drawing and the magenta rectangular figure at the top of the drawing are colored blue; the interior of the bowl figure is colored brown; and the chip figures in the bowl are colored yellow. The drawing is lined for the colors red, green, magenta, orange, and yellow.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 1460255;2309408;2415602

SiteNo: 102548