| Serial Number | 77430871 |
| Word Mark | SUMMER FRESH FLAVOR ALL YEAR 'ROUND! |
| Filing Date | Tuesday, March 25, 2008 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, July 15, 2016 |
| Registration Number | 3723130 |
| Registration Date | Tuesday, December 8, 2009 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, March 24, 2009 |
| Indication of Colors claimed | The color(s) pink, flesh, white, gold, black, red, blue, yellow, brown and green is/are claimed as a feature of the mark. |
| Description of Mark | The mark consists of a smiling man with pink and flesh colored face skin, white hair, teeth and moustache, gold eyeglasses, black eyebrows, wearing a red and black checkered hat and coat, blue pants, yellow, brown and black boots, green gloves and shirt, holding a giant red tomato with a green stem; the color white appears on the tomato to represent light reflection; the wording "SUMMER FRESH FLAVOR ALL YEAR 'ROUND!" appears in black lettering below the tomatoes. |
| Goods and Services | Raw tomatoes; Unprocessed tomatoes; Fresh peppers; Raw peppers; Fresh tomatoes |
| Name/Portrait Description and/or Consent Statement | The name(s), portrait(s), and/or signature(s) shown in the mark identifies John A. Hust, whose consent(s) to register is submitted. |
| International Class | 031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. |
| US Class Codes | 001, 046 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, July 15, 2016 |
| Primary Code | 031 |
| First Use Anywhere Date | Tuesday, January 29, 2008 |
| First Use In Commerce Date | Tuesday, January 29, 2008 |
| Party Name | Shelter Bay Tomato Company, LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Au Train, MI 49806 |
| Party Name | Shelter Bay Tomato Company, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Au Train, MI 49806 |
| Party Name | Shelter Bay Tomato Company, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Au Train, MI 49806 |
| Event Date | Event Description |
| Friday, July 15, 2016 | CANCELLED SEC. 8 (6-YR) |
| Tuesday, December 8, 2009 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, November 3, 2009 | LAW OFFICE REGISTRATION REVIEW COMPLETED |
| Monday, November 2, 2009 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Friday, October 9, 2009 | STATEMENT OF USE PROCESSING COMPLETE |
| Friday, September 25, 2009 | USE AMENDMENT FILED |
| Friday, October 9, 2009 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Friday, September 25, 2009 | TEAS STATEMENT OF USE RECEIVED |
| Tuesday, June 16, 2009 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, March 24, 2009 | PUBLISHED FOR OPPOSITION |
| Wednesday, March 4, 2009 | NOTICE OF PUBLICATION |
| Saturday, February 14, 2009 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Thursday, February 12, 2009 | ASSIGNED TO LIE |
| Thursday, February 5, 2009 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, January 29, 2009 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, January 29, 2009 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, January 29, 2009 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, January 29, 2009 | PETITION TO REVIVE-GRANTED |
| Thursday, January 29, 2009 | TEAS PETITION TO REVIVE RECEIVED |
| Friday, January 23, 2009 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Friday, January 23, 2009 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Friday, June 27, 2008 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, June 27, 2008 | NON-FINAL ACTION E-MAILED |
| Friday, June 27, 2008 | NON-FINAL ACTION WRITTEN |
| Friday, June 27, 2008 | ASSIGNED TO EXAMINER |
| Saturday, March 29, 2008 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Friday, March 28, 2008 | NEW APPLICATION ENTERED IN TRAM |