The mark consist of the trade dress that appears in the packaging of the products, which contains the following components: The wording "RESEALABLE POUCH" is at the top in black. The mark "M" is depicted in the color dark grey at the top of the product packaging inside of a dark grey circle with a leaf on the upper right portion of the circle in dark grey. Below the mark "M" is the mark "METROPOLITANMARKET" in a stylized form. The mark "METROPOLITANMARKET" is depicted in the color dark grey. Below the mark "METROPOLITANMARKET" appears the word element "OREGON" in stylized letters. The word element "OREGON" is the color white. Below the "OREGON" word element appears the word element "STRAWBERRIES" in stylized letters. The word element "STRAWBERRIES" is the color white and is of a larger font than the word element "OREGON". Both the word element "OREGON" and the word element "STRAWBERRIES" are inside a banner. The inside area of the banner is the color red. There is a thin line in a wave pattern above and below the red banner. The thin lines in a wave pattern are the color black. Below the bottom thin line in a wave pattern underneath the red banner is the word elements "SUPER FOR SMOOTHIES, SAUCES, AND BAKING". The word elements "SUPER FOR SMOOTHIES, SAUCES, AND BAKING" are in stylized lettering. The word elements "SUPER FOR SMOOTHIES, SAUCES, AND BAKING" are the color black. Next to the "SUPER FOR SMOOTHIES, SAUCES, AND BAKING" word elements appear two concentric circles with word elements in between the inner and outer circles. The concentric circles are made up of two lines with space in between them. The concentric circles are the color green. The concentric circles are not solid all of the way around. The color white represents background or transparent areas and is not part of the concentric circles. The word element "NORTHWEST" in stylized letters is written across the center of the concentric circles and creates a break in the concentric circles. The word element "NORTHWEST" is the color green. The word elements "PERFECTLY RIPE" in stylized lettering appears in between the two green concentric circles. The word elements "PERFECTLY RIPE" appear arched in between the top half of the concentric circles. The word elements "PERFECTLY RIPE" are the color green. The word elements "BEST FLAVOR" in stylized lettering appear in between the two green concentric circles. The word elements "BEST FLAVOR" appear arched in between the bottom half of the concentric circles. The word elements "BEST FLAVOR" are the color green. Below the two green concentric circles appear three strawberries located at the right of the product packaging. The three strawberries are the color red for the body of the strawberries. The leaves and stems of the three strawberries are located at the top of each strawberry and are the color green. The three strawberries are not the same size. One of the strawberries appears at the forefront and its leaves and stem are directed to the left of the product packaging. The other two strawberries are located behind the first and their leaves and stems are directed to the right of the product packaging. Immediately to the left of this grouping of three strawberries are two additional strawberries located at the left of the product packaging. The two strawberries are the color red for the body of the strawberries. The leaves and stems of the two strawberries are located at the top of each strawberry and are the color green. The two strawberries are not the same size and one strawberry appears at the forefront of the product packaging and the other behind the first. The leaves and stem of the strawberry at the forefront is directed to the right of the product packaging. The green leaves and stem for the strawberry located behind the first is directed to the top of the product packaging. There are a total of five strawberries on the product packaging. Each of these five strawberries have small seeds on them. The small seeds are the color black. The two strawberries at the forefront have small hairs on them. The small hairs are the color white. A line extends from the strawberry in the background of the two strawberries located at the left of the product packaging to the word elements "ENLARGED TO SHOW DETAIL" in stylized lettering. The word elements "ENLARGED TO SHOW DETAIL" are the color black. Below the "ENLARGED TO SHOW DETAIL" word elements are two concentric circles with word elements in between the inner and outer circles. The concentric circles are made up of two lines with space in between them. The concentric circles are the color white. The concentric circles are not solid all of the way around. The background of the concentric circles is the color grey. The grey background extends beyond the outer circle of the concentric circles. The word element "50" in stylized letters is in the center of the two white concentric circles. The word element "50" is the color white. The word element "CALORIES" in stylized letters appears in between the two white concentric circles. The word element "CALORIES" appears arched in between the top half of the concentric circles. The word element "CALORIES" is the color white. The word elements "PER 1 CUP SERVING" in stylized lettering appear in between the two white concentric circles. The word elements "PER 1 CUP SERVING" appear arched in between the bottom half of the concentric circles. The word elements "PER 1 CUP SERVING" are the color white. Next to the first set of white concentric circles this is another set of two concentric circles with word elements in between the inner and outer circles. The concentric circles are made up of two lines with space in between them. The concentric circles are the color white. The concentric circles are not solid all of the way around. The background of the concentric circles is the color grey. The grey background extends beyond the outer circle of the concentric circles. The word elements "100%" in stylized lettering are in the center of the two white concentric circles. The word elements "100%" are the color white. The word elements "VITAMIN C" in stylized lettering appear in between the two white concentric circles. The word elements "VITAMIN C" appear arched in between the top half of the concentric circles. The word elements "VITAMIN C" are the color white. The word elements "PER 1 CUP SERVING" in stylized lettering appear in between the two white concentric circles. The word elements "PER 1 CUP SERVING" appear arched in between the bottom half of the concentric circles. The word elements "PER 1 CUP SERVING" are the color white. Next to the second set of white concentric circles is a third set of two concentric circles with word elements in between the inner and outer circles. The concentric circles are made up of two lines with space in between them. The concentric circles are the color white. The concentric circles are not solid all of the way around. The background of the concentric circles is the color grey. The grey background extends beyond the outer circle of the concentric circles. The word elements "3G" in stylized lettering are in the center of the two white concentric circles. The word elements "3G" are the color white. The word elements "DIETARY FIBER" in stylized lettering appear in between the two white concentric circles. The word elements "DIETARY FIBER" appear arched in between the top half of the concentric circles. The word elements "DIETARY FIBER" are the color white. The word elements "PER 1 CUP SERVING" in stylized lettering appear in between the two white concentric circles. The word elements "PER 1 CUP SERVING" appear arched in between the bottom half of the concentric circles. The word elements "PER 1 CUP SERVING" are the color white. Next to the third set of white concentric circles is the word elements "NET WT. 2 LBS. (907 G)" in stylized lettering. The word elements "NET WT. 2 LBS. (907 G)" are the color black. Next to the word elements "NET WT. 2 LBS. (907 G)", in the bottom right hand quarter of the product packaging, are the word elements "KEEP FROZEN UNTIL READY FOR USE" in stylized lettering. The word elements "KEEP FROZEN UNTIL READY FOR USE" are the color black. The upper quarter of the background of the product packaging appear in the color white. The lower half of the background of the product packaging appears in the color white. The rectangular shape of the package which is outlined in dotted lines is shown for positioning purposes only and is not claimed as a feature of the mark.
In the statement, Column 1, line 1-3, are deleted, and Metropolitan Market, LLC (Delaware limited liability Company) 4025 Delridge Way, SW, Suite 210 Seattle Washington 98106 should be inserted.
METROPOLITAN METROPOLITAN MARKET OREGON STRAWBERRIES SUPER FOR SMOOTHIES, SAUCES, AND BAKING PERFECTLY RIPE BEST FLAVOR NORTHWEST ENLARGED TO SHOW DETAIL CALORIES FIFTY PER ONE CUP SERVING VITAMIN C ONE HUNDRED PERCENT PER ONE CUP SERVING DIETARY FIBER THREE G PER ONE CUP SERVING NET WT. TWO LBS. (NINE ZERO SEVEN G) KEEP FROZEN UNTIL READY FOR USE
The color(s) dark grey, red, green, black, and white is/are claimed as a feature of the mark.
"RESEALABLE POUCH", "OREGON STRAWBERRIES", "PERFECTLY RIPE BEST FLAVOR NORTHWEST", "ENLARGED TO SHOW DETAIL", "CALORIES 50 PER 1 CUP SERVING", "VITAMIN C 100% PER 1 CUP SERVING", "DIETARY FIBER 3G PER 1 CUP SERVING", "NET WT. 2 LBS. (907 G)", "KEEP FROZEN UNTIL READY FOR USE" AND THE DESIGN OF STRAWBERRIES
Trademark: 87536613
