| Serial Number | 77793370 |
| Word Mark | 40 POINTS FRESHFUNDS.COM |
| Filing Date | Thursday, July 30, 2009 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, December 9, 2016 |
| Registration Number | 3783736 |
| Registration Date | Tuesday, May 4, 2010 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 16, 2010 |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "40 POINTS" |
| Description of Mark | The mark consists of an oval background superimposed in a contrasting color with the words "40 POINTS FRESHFUNDS.COM"; the dark rectangular background is not part of the mark. |
| Goods and Services | Fresh cut packaged vegetables and garden and vegetable salads; salad toppings, namely, shredded cheese, bacon bits, chopped processed nuts, processed seeds, dried vegetables and fruits |
| Goods and Services | Consumer loyalty program for commercial, promotional, and/or advertising purposes in the field of fresh and packaged produce, namely, administration of frequent buyer program that allows members to redeem points for prizes |
| Pseudo Mark | 40 POINTS FRESH FUNDS |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 9, 2016 |
| Primary Code | 029 |
| First Use Anywhere Date | Friday, August 15, 2008 |
| First Use In Commerce Date | Friday, August 15, 2008 |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 9, 2016 |
| Primary Code | 035 |
| First Use Anywhere Date | Friday, August 15, 2008 |
| First Use In Commerce Date | Friday, August 15, 2008 |
| Party Name | Fresh Express Incorporated |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Salinas, CA 93912 |
| Party Name | Fresh Express Incorporated |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Salinas, CA 93912 |
| Party Name | Fresh Express Incorporated |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Salinas, CA 93912 |
| Event Date | Event Description |
| Friday, December 9, 2016 | CANCELLED SEC. 8 (6-YR) |
| Tuesday, May 4, 2010 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, February 16, 2010 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 16, 2010 | PUBLISHED FOR OPPOSITION |
| Wednesday, January 13, 2010 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, January 13, 2010 | ASSIGNED TO LIE |
| Thursday, December 24, 2009 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, December 16, 2009 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, December 15, 2009 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, December 15, 2009 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, November 9, 2009 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, November 9, 2009 | NON-FINAL ACTION E-MAILED |
| Monday, November 9, 2009 | NON-FINAL ACTION WRITTEN |
| Tuesday, November 3, 2009 | ASSIGNED TO EXAMINER |
| Tuesday, August 4, 2009 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Monday, August 3, 2009 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Monday, August 3, 2009 | NEW APPLICATION ENTERED IN TRAM |