The mark was first used anywhere in a different form other than that sought to be registered at least as early as 11/02/2009
The mark was first used in commerce in a different form other than that sought to be registered at least as early as 11/02/2009
The color(s) green, yellow, red, black is/are claimed as a feature of the mark.
"HAWAII, INC. AND GLUTEN FREE DELECTABLES"
The mark consists of an oval outlined in green with a head of a female chef with red hair wearing a chef's hat, with a yellow plumeria flower to the left, and to the right another yellow plumeria flower all outlined in black and partially superimposed on the oval outlining, with "Sweet Marie's Hawaii Inc." in green in center and "gluten free delectable" in black at the bottom, all on a yellow background. The color white represent background, outlining, shading and/or transparent areas and is not part of the mark.