Serial Number: 85431948

Word Mark: NATURE'S OWN BUTTERBREAD NO ARTIFICIAL PRESERVATIVES, COLORS OR FLAVORS NO HIGH FRUCTOSE CORN SYRUP ENRICHED BREAD

Goods and Services: (ABANDONED) IC 030. US 046. G & S: Bakery goods, namely bread. FIRST USE: 20060000. USED IN ANOTHER FORM The mark was first used anywhere in a different form other than that sought to be registered at least as early as 00/00/1977. FIRST USE IN COMMERCE: 20060000

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

Design Search Code: 05.07.02 - Bundles, grain; Haystacks; Stalks (grain)
11.01.25 - Brushes, basting; Chopsticks; Churns, butter (manual); Cups, measuring; Fruit juices, non-electric; Garlic presses (non-electric); Graters, cheese; Holders, kitchen utensil; Ice cube trays; Juicers, non-electric; Ladles (soup); Measuring cups; Napkin holders; Other non-electric kitchen utensils, utensil holders; Pasta makers, non-electric; Potato peelers; Racks, kitchen tool; Scoops, ice cream; Shakers, cocktail; Sharpeners, knife (non-electric)
11.03.11 - Boats, gravy; Boats, sauce; Cruets; Gravy boats; Mustard pots; Soup tureens; Tureens, soup
19.07.04 - Cartons, flattened; Flattened packages and cartons; Packages, flattened
24.09.07 - Advertising, banners; Banners
26.11.25 - Rectangles with one or more curved sides
26.11.28 - Miscellaneous designs with overall rectangular shape; Rectangular shapes (miscellaneous overall shape)

Filing Date: 09/26/2011

Current Basis: 1A

Original Filing Basis: 1A

Owner: (APPLICANT) Flowers Bakeries Brands, LLC LIMITED LIABILITY COMPANY DELAWARE 1919 Flowers Circle Thomasville GEORGIA 31757

Attorney of Record: William H. Brewster

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BUTTERBREAD NO ARTIFICIAL PRESERVATIVES, COLORS OR FLAVORS NO HIGH FRUCTOSE CORN SYRUP ENRICHED BREAD" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) white, yellow, brown, and orange is/are claimed as a feature of the mark is/are claimed as a feature of the mark. The mark consists of design features of three-dimensional product packaging for bread with the front of the packaging featuring a thick yellow ribbon bordered in white and brown with a butter churn in the center, the words "NATURE'S OWN" in stylized yellow lettering outlined in orange and brown next to a covered pot with a ladle and two stalks of wheat all in yellow, a thick yellow ribbon bordered in brown and white and featuring the words "BUTTERBREAD" in white bordered with brown and "No Artificial Preservatives, Colors or Flavors No High Fructose Corn Syrup" and "Enriched Bread" beneath in brown; the bottom of the packaging featuring the words "NATURE'S OWN" in stylized yellow lettering outlined in orange and brown next to a covered pot with a ladle and two stalks of wheat all in yellow, thick yellow ribbon bordered in brown and white featuring the words "BUTTERBALL" and below, in smaller words "No Artificial Preservatives, Colors or Flavors No High Fructose Corn Syrup" in brown; the back of the packaging featuring a yellow panel with a lighter interior box that contains two stalks of wheat in yellow, a pyramid with an individual ascending the inlaid stairs of the pyramid, and a stick representation of a human doing a split leap with the words "Grains for Life" underneath; the one side of the packaging featuring a yellow panel with two stalks of wheat in yellow and the words "NATURE'S OWN" in stylized yellow lettering outlined in orange and brown next to a covered pot with a ladle and two stalks of wheat all in yellow, the brown outline of a box, and the characters "#1 Selling Variety Brand in the USA" in white, brown, orange, and yellow; the other side of the packaging featuring a yellow panel with two stalks of wheat in yellow, the words "NATURE'S OWN" in stylized yellow lettering outlined in orange and brown next to a covered pot with a ladle and two stalks of wheat all in yellow, and a lighter yellow box with four dispersed lines within; and the top end of the package featuring six copies of the words "NATURE'S OWN" in stylized yellow lettering outlined in orange and brown next to a covered pot with a ladle and two stalks of wheat all in yellow and a thick yellow ribbon bordered in brown and white featuring the words "BUTTERBREAD No High Fructose Corn Syrup." The dotted outline of the product packaging is intended to show the position of the mark and not the claimed part of the mark.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: DEAD

Prior Registrations: 1121956;1563619;1707062;AND OTHERS

SiteNo: 7102