| Serial Number | 77347251 |
| Word Mark | THE BERRY FACTORY A SHARI FITZPATRICK COMPANY |
| Filing Date | Friday, December 7, 2007 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, November 20, 2015 |
| Registration Number | 3604983 |
| Registration Date | Tuesday, April 14, 2009 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 23, 2008 |
| Indication of Colors claimed | The color(s) Red (PMS485c), Foil Gold (M831), Foil Brown (M809), Bro is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "BERRY" AND "COMPANY" |
| Description of Mark | The mark consists of a box top consisting of the words "THE" and "FACTORY" in Foil Brown (M809), the words "BERRY" and "A SHARI FITZPATRICK COMPANY" in Foil Gold (M831); with a strawberry design partly comprised of the letter "B" in the word "BERRY" in Red (PMS485c), Foil Gold (M831), Foil Brown (M809). The arch element and ornamental bordering are in Foil Gold (M831), with the box top otherwise in Red (PMS485c), and box top sides in Red (PMS485c) and white stripes. The bottom of the box consists of the colors Brown (PMS476c) with White circles of different sizes. The matter shown in broken lines is not part of the mark and serves only to show the position or placement of the mark. |
| Goods and Services | Chocolate truffles, chocolate candies, chocolate covered fruit and chocolate covered nuts |
| Name/Portrait Description and/or Consent Statement | The name "SHARI FITZPATRICK" identifies a living individual whose consent is of record. |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, November 20, 2015 |
| Primary Code | 030 |
| First Use Anywhere Date | Tuesday, October 31, 2006 |
| First Use In Commerce Date | Tuesday, October 31, 2006 |
| Party Name | Shari's Berries, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Sacramento, CA 95841 |
| Party Name | Shari's Berries, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Sacramento, CA 95841 |
| Party Name | Shari's Berries, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Sacramento, CA 95841 |
| Event Date | Event Description |
| Friday, November 20, 2015 | CANCELLED SEC. 8 (6-YR) |
| Tuesday, January 14, 2014 | WITHDRAWAL OF ATTORNEY GRANTED |
| Tuesday, January 14, 2014 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED |
| Tuesday, April 14, 2009 | REGISTERED-PRINCIPAL REGISTER |
| Monday, March 9, 2009 | EXTENSION OF TIME TO OPPOSE PROCESS - TERMINATED |
| Tuesday, January 20, 2009 | EXTENSION OF TIME TO OPPOSE RECEIVED |
| Tuesday, December 23, 2008 | PUBLISHED FOR OPPOSITION |
| Wednesday, December 3, 2008 | NOTICE OF PUBLICATION |
| Sunday, November 16, 2008 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Saturday, November 15, 2008 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, November 13, 2008 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, November 12, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, November 12, 2008 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, November 12, 2008 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, November 12, 2008 | NON-FINAL ACTION E-MAILED |
| Wednesday, November 12, 2008 | NON-FINAL ACTION WRITTEN |
| Wednesday, November 12, 2008 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Monday, November 3, 2008 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Thursday, October 23, 2008 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Thursday, October 23, 2008 | ASSIGNED TO LIE |
| Tuesday, October 14, 2008 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, October 8, 2008 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, October 8, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, October 8, 2008 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, September 24, 2008 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, September 24, 2008 | NON-FINAL ACTION E-MAILED |
| Wednesday, September 24, 2008 | NON-FINAL ACTION WRITTEN |
| Tuesday, September 23, 2008 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, September 22, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, September 22, 2008 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, March 20, 2008 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, March 20, 2008 | NON-FINAL ACTION E-MAILED |
| Thursday, March 20, 2008 | NON-FINAL ACTION WRITTEN |
| Monday, March 17, 2008 | ASSIGNED TO EXAMINER |
| Thursday, December 13, 2007 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Wednesday, December 12, 2007 | NEW APPLICATION ENTERED IN TRAM |