Serial Number: 77659788

Word Mark: M

Goods and Services: (ABANDONED) IC 016. US 002 005 022 023 029 037 038 050. G & S: Comic books; Stickers; Stickers and transfers

(ABANDONED) IC 035. US 100 101 102. G & S: Advertising and marketing services, namely, promoting the goods and services of others. FIRST USE: 20081128. FIRST USE IN COMMERCE: 20081128

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

Design Search Code: 02.01.18 - Farmers (men); Hobos (men); Men, farmers, hobos and other men wearing overalls; Overalls (men wearing)
02.01.19 - Athletes (men); Golfer; Men, athletes, strongmen; Strongmen
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)
05.03.08 - More than one leaf, including scattered leaves, bunches of leaves not attached to branches
05.07.01 - Corn, stalks
05.11.01 - Beets; Carrots; Parsnips; Potatoes
05.11.04 - Tomatoes
09.03.13 - Beltbuckles (Belt buckles); Belts, clothing; Belts, Weight lifting; Buckles, belt or shoe; Jump ropes
26.03.13 - Ovals, exactly two (not concentric); Two ovals
26.03.17 - Concentric ovals; Concentric ovals and ovals within ovals; Ovals within ovals; Ovals, concentric
26.03.21 - Ovals that are completely or partially shaded

Filing Date: 01/29/2009

Current Basis: 1A;1B

Original Filing Basis: 1A;1B

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

Attorney of Record: FRANK M. LUNN

Description of Mark: The color(s) black, red, olive green, light green, medium green, dark green, yellow, blue, white, orange, light pink, dark pink, brown 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 medium green in color with black trim and is secured around the character's neck with an oval shaped button that is of slightly darker green color than 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, red capital "M" with black trim. The character wears a black trimmed red belt divided into sections by vertical black lines. The belt buckle is a white rectangle with a black trimmed red circle in the center. Attached to the left side of the character's belt with a black trimmed red loop is a carrot, which is 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 a red loop with black trim is a tomato, which is light pink in color with black trim and has dark green leaves with black trim on the top. The character wears black trimmed red gloves with wide openings that extend halfway up the forearm. The character also wears calf-length red boots trimmed in black. The boots have heels, pointed toes and collared openings. Tied around the character's head is a black trimmed red 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 dark 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: TRADEMARK. SERVICE MARK

Register: PRINCIPAL

Live/Dead Indicator: DEAD

SiteNo: 10872