Serial Number: 85734342

Word Mark: M

Goods and Services: IC 035. US 100 101 102. G & S: Farmers' markets; Flea markets; Retail grocery stores; Retail clothing stores; Retail department stores. FIRST USE: 19990318. FIRST USE IN COMMERCE: 19990318

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

Design Search Code: 02.01.34 - Monsters (not robots); Other grotesque including men formed by plants or objects
04.01.07 - Aliens; Apollo (mythology); Athena (mythology); Caped characters (super heroes); Ghosts; Mythological beings, superbeings, ghosts, aliens; Super heroes; Zeus (mythology)
04.07.01 - Person formed by plants; Plants forming a person; Plants or combinations of plants representing a person; Plants representing a person
05.11.01 - Beets; Carrots; Parsnips; Potatoes
05.11.04 - Tomatoes
09.03.01 - Blazers; Coats; Fur coats; Jackets; Parkas; Ponchos; Rain coats; Shawls; Vests, clothing

Filing Date: 09/20/2012

Current Basis: 1A

Original Filing Basis: 1A

Owner: (APPLICANT) 326 Associates, L.P. 326, Inc., a corporation of Delaware LIMITED PARTNERSHIP DELAWARE Suite 700 1201 North Orange Street Wilmington DELAWARE 19801

Attorney of Record: Kevin D. Hughes

Description of Mark: The color(s) black, red, olive green, medium green, dark green, light green, yellow, blue, white, orange, pink, brown and yellow-orange is/are claimed as a feature of the mark. The mark consists of a cartoon character with the body of a muscular man and a head resembling a cob of corn. He stands proudly with his chest puffed out, his elbows bent, and his hands touching his sides. His body is white in color with black trim and his head is yellow with black trim and is divided into rectangular "kernels" by thin, light-green lines. The character is wearing an ankle-length cape that is light green in color with black trim and is secured around the character's neck with an oval shaped button that is the same color as the cape. The bottom of the cape is cut into nine v-shaped points meant to resemble the leaves of a husk of corn. In addition to the cape, the character is wearing overalls that are blue in color with black trim. The straps of the overalls are secured by white, oval-shaped buttons with black trim. On the front of the overalls is an oval bordered in red and black. The inside of the oval is white in color and has a large, orange capital "M" with black trim. The character wears a black trimmed orange belt divided into sections by vertical black lines. The belt buckle is a white rectangle with a black trimmed orange circle in the center. Attached to the left side of the character's belt with a black trimmed orange loop is a carrot, which is yellow-orange in color with black trim and has dark green leaves with black trim on the top. Secured to the right side of the character's belt with an orange loop with black trim is a tomato, which is red in color with a white dot with black trim and has dark green leaves with black trim on the top. The character wears black trimmed orange gloves with wide openings that extend halfway up the forearm. The character also wears calf-length orange boots trimmed in black. The boots have heels, pointed toes and collared openings. Tied around the character's head is a black trimmed orange bandana with eye-holes cut into it. The character's eyes have medium green irises trimmed in black and large, black pupils with white dots. His black eyebrows are arched. The character is smiling with an open mouth and displays the top row of his teeth, which are white in color with black trim, and his tongue, which is pink with black trim. The inside of the character's mouth is brown with black trim, with a black portion at the back to create a sense of depth. At the top of the character's head is a wavy stem (his hair), with a portion that is olive green in color with black trim and a portion that is light green with black trim. The stem is divided into "strands" by a series of thin, black lines.

Type of Mark: SERVICE MARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

SiteNo: 1058