Serial Number: 77084428

Reg Number: 3843464

Word Mark: JOE'S DOWNRIGHT HEALTHY FOODS

Goods and Services: IC 029. US 046. G & S: Dairy based beverages; edible nuts, namely, candied nuts, shelled nuts, roasted nuts and processed nuts; processed salted, unsalted and flavored nuts; processed edible seeds; processed pumpkin and sunflower seeds; dried fruit, dried fruit mixes, dried fruit and nut mixes, and fruit chips; trail mixes containing dried fruits, seeds and nuts; preserved fruits; sugared fruits, namely, crystallized fruit and candied fruits; dried prunes, dates, raisins and coconut; glazed fruits, glazed cherries, jams and jellies; soup mixes; condiments, namely, pepper oil; sauces, namely, cranberry sauce; spreads, namely, cheese spreads, fruit-based spreads, vegetable-based spreads, meat-based spreads, garlic-based spreads, hummus; dips, namely, bean dip, dairy-based dip, and snack dip; snack foods, namely, potato chips; baking goods, namely, fruit-based fillings for cakes and pies; unflavored and unsweetened gelatins; frozen entrees consisting primarily of meat, fish, poultry or vegetables; frozen vegetarian entrees consisting primarily of vegetable-based entrees; frozen fruits and vegetables; prepared foods, namely, prepared vegetarian entrees consisting primarily of vegetable-based entrees, prepared entrees consisting primarily of fish, meat, poultry or vegetables; canned goods, namely, canned vegetables, canned fish, canned fruit, and canned cooked meat; edible oils for human consumption; lentils; pulses; pickled fruits and vegetables; peanut butter and nut butters; soy-based foods, namely, soy-based chips, soy-based food bars, soy-based snack food; bouillon cubes; Fresh salted, unsalted and flavored nuts; fruit based snack food; potato chips

IC 030. US 046. G & S: Tea-based beverages with fruit flavoring; coffee, coffee beans; coffee, espresso and cappuccino mixes containing coffee powder; loose and bagged black, green and herbal teas; chocolate covered nuts; confectionery, namely, chocolate and candy; spices and seasonings; condiments, namely, pepper sauce, ketchup, mustard, mayonnaise, relish; sauces, namely, chili sauce, hot sauce, dipping sauces, barbeque sauces, pizza sauce, fish sauce, tomato sauce, teriyaki sauce, soy sauce, tamari sauce, tartar sauce, steak sauce, and ready-made sauces; vinegar, salsa; uncooked pasta and noodles, including egg noodles; salad dressings; spreads, namely, cocoa spreads and spreads containing chocolate and nuts; snack foods, namely, puffed corn snacks, sesame sticks, crackers, wafers, cheese flavored snacks, namely, puffed cheese balls and puffed rice, corn-based snacks, pretzels, cookies, biscuits, tortilla chips, corn chips; croutons; baking goods, namely, cake mixes, muffin mixes, brownie mixes, pastry mixes, chocolate chips, peanut butter confectionery chips, candy mints, baking powder, baking soda, crust mixes for pies, fruit jelly powders, graham cracker crumbs, corn starch, vanilla extracts used as a flavoring, yeast, cocoa powder, flours, and white, brown and raw sugar and sugar substitutes; baking goods, namely, candy cake decorations; syrups, namely, corn syrups, maple syrups, pancake syrups, table syrups, topping syrups, molasses, flavoring syrups, chocolate syrups; extracts, namely, natural and artificial extracts used as a flavoring; flavored and sweetened gelatins; marshmallows; popped and popping corn of various flavors, microwaveable popcorn, seasonings for popcorn; frozen entrees consisting primarily of pasta or rice; processed grains; processed cereals; rolled oats and oatmeal; wheat germ; rice. peanut brittle; honey; bread crumbs and graham crumbs; ready to eat cereals; cereal derived food bars; gravy mixes and bases; cereal based snack food; wheat based snack food; rice based snack food

IC 031. US 001 046. G & S: Edible nuts, namely, fresh nuts, raw nuts and unprocessed nuts; unprocessed edible seeds; unprocessed grains; unprocessed cereals

IC 032. US 045 046 048. G & S: Non-alcoholic beverages, namely, carbonated beverages, beverages containing fruit juice, low calorie soft drinks, non-alcoholic beverages with tea flavor, fruit juices, fruit drinks, vegetable juices, vegetable drinks, fruit and vegetable juices, fruit and vegetable drinks; bottled water; beverage powders and crystals, namely, used in the preparation of fruit drinks; colas; sodas in the nature of soda water, and flavored soda water; carbonated and non-carbonated soft drinks; syrups, namely, syrups for making beverages; soy-based beverages not being milk substitutes

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

Design Search Code: 02.01.37 - Busts of men in profile; Heads of men in profile; Men - heads, portraiture, or busts in profile; Portraiture of men in profile
07.13.02 - Advertising, signs, alone; Street signs not attached to a support
09.05.10 - Men's narrow-brimmed hats, including fedoras and derbies
26.11.21 - Rectangles that are completely or partially shaded

Filing Date: 01/17/2007

Current Basis: 44E

Original Filing Basis: 44D

Owner: (REGISTRANT) Downright Healthy Foods L.P. LIMITED PARTNERSHIP CANADA 555 Steeprock Drive Toronto CANADA M3J2Z6

Attorney of Record: James R. Menker

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "HEALTHY FOODS" APART FROM THE MARK AS SHOWN

Description of Mark: Color is not claimed as a feature of the mark. The mark consists of a partial caricature of a man, showing his shoulders and head, wearing a hat. Adjacent to the caricature is the wording "JOE'S" and the wording "DOWNRIGHT HEALTHY FOODS" enclosed in a rectangular carrier.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

SiteNo: 90518