Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1101797
`12/15/2020
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Mastronardi Produce Limited
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`12/16/2020
`
`2100 RD 4 E
`KINGSVILLE, ON N9Y2E5
`CANADA
`
`MARK D. SCHNEIDER
`DINSMORE & SHOHL LLP
`900 WILSHIRE DRIVE, STE. 300
`TROY, MI 48084
`UNITED STATES
`Primary Email: mark.schneider@dinsmore.com
`Secondary Email(s): liane.rousseau@dinsmore.com
`248-647-6000
`
`Docket Number
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`205373-703
`
`Applicant Information
`
`Application No.
`
`88881133
`
`Publication date
`
`08/18/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`12/15/2020
`
`Opposition Peri-
`od Ends
`
`12/16/2020
`
`Driscoll's, Inc.
`345 WESTRIDGE DRIVE
`WATSONVILLE, CA 95076
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 031. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: fresh berries
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`Grounds for Opposition
`
`The mark is merely descriptive
`
`Trademark Act Section 2(e)(1)
`
`The mark is generic
`
`Failure to function as a mark
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`Trademark Act Sections 1, 2 and 45
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`Trademark Act Sections 1, 2 and 45
`
`Attachments
`
`Mastronardi Notice of Opposition for Driscoll BERRY BIG Application w ith Ex-
`hibit.pdf(714001 bytes )
`
`

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`Signature
`
`/s/ Mark D. Schneider
`
`Name
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`Date
`
`MARK D. SCHNEIDER
`
`12/15/2020
`
`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the Matter of Application Serial No. 88/881,133
`Published on August 18, 2020
`
`
`Mastronardi Produce Limited,
`
`
`
`
`Opposer,
`
`v.
`
`Driscoll’s, Inc.,
`
`
`Defendant.
`
`)
`)
`)
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`)
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`Opposition No.: _____________
`
`Mark: BERRY BIG
`
`
`
`
`
`
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`NOTICE OF OPPOSITION
`
`Opposer, Mastronardi Product Limited (“Mastronardi”), is a corporation organized under
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`the laws of Ontario, Canada, with an address of 2100 Road #4 East, Kingsville, Ontario, Canada,
`
`N9Y2E5.
`
`
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`Mastronardi has been, or would be, damaged by registration on the Principal Register of
`
`the mark “BERRY BIG” (the “BERRY BIG Mark”), shown in Application Serial No. 88/881,133
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`(the “Opposed Application”), filed by Applicant, Driscoll’s, Inc. (“Driscoll’s” or “Applicant”),
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`and directed to use of the mark in connection with “fresh berries” in International Class 031
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`(“Driscoll’s Goods”), and Mastronardi opposes registration of the Opposed Application.
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`
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`The Opposition is timely. The Opposed Application was filed April 21, 2020, under
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`Section 1(b) of the Trademark Act, and published in the Official Gazette on August 18, 2020. On
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`September 14, 2020, Mastronardi filed a 90 Day Request for Extension of Time to Oppose. On
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`the same day the Board granted Mastronardi’s request and set a deadline of December 16, 2020 to
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`oppose.
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`

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`
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`Mastronardi alleges the following as grounds for the opposition:
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`MASTRONARDI’S HISTORY AND PRODUCT OFFERINGS
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`Mastronardi is a leader in the greenhouse industry.
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`Mastronardi markets nationally recognized products under its SUNSET® brand,
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`1.
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`2.
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`including fresh tomatoes, peppers, cucumbers, and berries.
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`3.
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`Mastronardi’s berry products include the WOW™ brand of berries, the product
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`lineup for which includes at least the DREAMBERRY™ brand, the PEARBERRY™ brand, and
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`the LOLLIBERRY™ brand of strawberries, sample images of which are shown here:
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`4.
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`Mastronardi’s WOW™ berry products have been offered for sale in interstate
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`commerce since about 2014, and in October 2019, the brand received a best in show award by the
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`Produce Marketing Association, see e.g., https://theproducenews.com/sunset-wow-berries-promo-
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`
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`named-best-show.
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`5.
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`Mastronardi’s berry products are offered in interstate commerce and have been
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`associated with the words “berry” and “big.” For example, early press for WOW™ berries
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`included the following headline, “First volumes of big sweet winter strawberries”, and a consumer
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`wrote the following, in part, in an online post, “The WOW berries are not overly big and are
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`actually red on the inside.” See e.g., https://www.instagram.com/p/BsodQgllIDT/.
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`
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`

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`THE OPPOSED APPLICATION
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`Mastronardi incorporates and realleges every allegation in the prior paragraphs of this
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`Notice of Opposition as though fully set forth herein.
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`6.
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`Upon information and belief, Driscoll’s is the owner of the Opposed Application
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`for the BERRY BIG Mark.
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`7.
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`Upon information and belief, Driscoll’s is a California corporation with a place of
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`business at 345 Westridge Drive, Watsonville, California, 95076.
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`8.
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`The Opposed Application was filed April 21, 2020 under Section 1(b) of the
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`Trademark Act.
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`9.
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`The Opposed Application alleged a bona fide intention to use the BERRY BIG
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`Mark in commerce on or in connection with Driscoll’s Goods.
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`10.
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`A true and correct copy of the Opposed Application and TSDR status pages for the
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`Opposed Application are attached hereto as Exhibit A.
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`GENERAL ALLEGATIONS
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`Mastronardi incorporates and realleges every allegation in the prior paragraphs of this
`
`
`
`Notice of Opposition as though fully set forth herein.
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`11.
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`The BERRY BIG Mark of the Opposed Application consists of the words BERRY
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`and BIG.
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`12.
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`The BERRY BIG Mark that is the subject of the Opposed Application is intended
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`to be used with fresh berries.
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`13.
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`On information and belief, the BERRY BIG Mark that is the subject of the Opposed
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`Application is intended to be used with fresh strawberries.
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`14.
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`A strawberry is a berry.
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`

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`15.
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`On information and belief, the BERRY BIG Mark that is the subject of the Opposed
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`Application is intended to be used with big strawberries.
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`16.
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`On information and belief, the BERRY BIG Mark that is the subject of the Opposed
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`Application is intended to be used with fresh and juicy big strawberries.
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`17.
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`The Opposed Application does not include a disclaimer of exclusive rights to the
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`term “BIG”.
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`18.
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`The Opposed Application does not include a disclaimer of exclusive rights to the
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`term “BERRY”.
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`19.
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`On information and belief, Driscoll’s marketing materials for strawberries to be
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`sold under the BERRY BIG Mark asked the following question, “Why are Berry Big™
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`strawberries so big?”
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`20.
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`On information and belief, in promoting strawberries to be sold under the BERRY
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`BIG Mark, Driscoll’s wrote that, “We’re introducing a bigger-sized strawberry that’s perfect for
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`everyday snacking—meet the Berry Big Strawberry!”
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`21.
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`On information and belief, in promoting strawberries to be sold under the BERRY
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`BIG Mark, Driscoll’s wrote, “Perfect for endless everyday eating possibilities, Driscoll’s Berry
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`Big Strawberries deliver the same delicious Driscoll’s flavor—with multiple bites from just one
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`berry.”
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`22.
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`On information and belief, Driscoll’s and third parties have used “berry big” as a
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`common phrase. For example, as recently as 2018, Driscoll’s wrote in a social media post, “A
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`berry big congrats to all of 2018’s graduates!”, with third party uses including “berry big pie”
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`(pie recipe), “Berry big swahburry” (strawberries), “BERRY big!” (strawberries), and
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`

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`“#DunkinHoliday #SugarPlumLatte is like an Espresso with a Berry Big Hug!!!” (berry flavored
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`latte).
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`23.
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`On information and belief, Mastronardi and Driscoll’s are competitors in the berry
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`industry.
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`24.
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`On information and belief, Driscoll’s Goods are products that are, or will be,
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`offered for sale, and sold in channels of trade, that are closely related to, or identical to, those used
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`by Mastronardi to distribute at least Mastronardi’s berry products.
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`25.
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`On information and belief, Driscoll’s Goods are, or will be, promoted to the same,
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`or a similar, class of consumers as Mastronardi’s berry products.
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`26.
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`On information and belief, because the terms “berry”, “big”, and “berry big” are
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`descriptive and/or generic, it is necessary for Mastronardi and other third-parties to use those terms
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`when referring to products and produce such as berries.
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`27.
`
`The term “berry” when used in connection with Driscoll’s Goods is generic and
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`incapable of distinguishing Driscoll’ Goods from berry products offered by others, including
`
`Mastronardi.
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`28.
`
`The term “big” when used in connection with Driscoll’s Goods is generic and
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`incapable of distinguishing Driscoll’ Goods from berry products offered by others, including
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`Mastronardi.
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`29.
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`Driscoll’s is not entitled to exclusive rights to the terms “big”, “berry” and “berry
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`big” for fresh berries because the phrase merely describes, or is generic and/or a common phrase
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`for, a characteristic or feature of the goods and does not function as a source indicator, and/or fail
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`to function as a mark.
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`
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`

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`FIRST GROUND FOR OPPOSITION
`(Merely Descriptive and/or Lack of Secondary Meaning)
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`Mastronardi incorporates and realleges every allegation in the prior paragraphs of this
`
`Notice of Opposition as though fully set forth herein.
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`30. Mastronardi opposes registration of the Opposed Application on the grounds that
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`the BERRY BIG Mark as a whole is not registerable because the terms “berry,” “big,” and “berry
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`big” are merely descriptive of the Applicant’s Goods identified in the Opposed Application.
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`31.
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`Driscoll’s BERRY BIG Mark, when applied to Driscoll’s Goods, namely fresh
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`berries in International Class 31, is merely descriptive within the meaning of Section 2(e)(1) of the
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`Lanham Act, 15 U.S.C. §1052(e)(1), because the term “berry” is a common way to shorten the
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`word “strawberry” and refer to a strawberry, and the term “big” is a common way to describe a
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`large item.
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`32. When used together, the phrase “berry big” is merely descriptive within the
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`meaning of Section 2(e)(1) of the Lanham Act, 15 U.S.C. §1052(e)(1) because the phrase describes
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`larger sized, big, berries.
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`33. Mastronardi has been, or would be, damaged by registration of the Opposed
`
`Application because it would impair Mastronardi’s right to use the descriptive terms “berry” and
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`“big” and “berry big” in connection with at least Mastronardi’s own berry products.
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`34.
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`The registration of Driscoll’s BERRY BIG Mark would be damaging to
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`Mastronardi in that registration would give Driscoll’s a prima facie exclusive right to use the
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`BERRY BIG Mark for fresh strawberries, which is inconsistent with Mastronardi’s right to use
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`the descriptive words “berry” and “big” and “berry big” in connection with at least Mastronardi’s
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`own berry products.
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`
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`

`

`SECOND GROUND FOR OPPOSITION
`(Generic and/or Failure to Function as a Mark)
`
`Mastronardi incorporates and realleges every allegation in the prior paragraphs of this
`
`
`
`Notice of Opposition as though fully set forth herein.
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`35. Mastronardi opposes registration of the Opposed Application on the grounds that
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`the BERRY BIG Mark as a whole is not registerable because the terms “berry,” “big,” and “berry
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`big” are generic under 15 U.S.C. §1052(e) for a large berry, such as a strawberry, and/ does not
`
`function as a source identifier, and/or alternatively the BERRY BIG Mark fails to function as a
`
`mark pursuant to §§1, 2, and 45 of the Trademark Act, 15 U.S.C §§1051, 1052, and 1127
`
`36. Mastronardi has been, or would be, damaged by registration of the Opposed
`
`Application because it would impair Mastronardi’s right to use the generic terms “berry” and “big”
`
`and “berry big” in connection with at least Mastronardi’s own berry products.
`
`37.
`
`The registration of Driscoll’s BERRY BIG Mark would be damaging to
`
`Mastronardi in that registration would give Driscoll’s a prima facie exclusive right to use the
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`BERRY BIG Mark for fresh strawberries, which is inconsistent with Mastronardi’s right to use
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`the generic words “berry” and “big” and/or the phrase “berry big” in connection with at least
`
`Mastronardi’s own berry products.
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`PRAYER FOR RELIEF
`
`WHEREFORE, Mastronardi prays that Application Serial No. 88/881,133 be rejected,
`
`that no notices of allowance or registrations be issued thereon, and that this opposition be sustained
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`in favor of Mastronardi. Mastronardi additionally requests such other and further relief as the
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`Board deem just and proper. The requisite opposition fee is filed herewith.
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`
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`Mastronardi appoints the attorneys of Dinsmore & Shohl LLP, a law firm having a place
`
`of business at 900 Wilshire Drive, Suite 300, Troy MI 48084 to act as attorneys for Mastronardi
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`

`

`herein, with full power to prosecute said opposition, to transact all relative business in the United
`
`States Patent and Trademark Office and in the United States courts, and to receive all official
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`communications in connection with this opposition.
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`
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`Date: December 15, 2020
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`Respectfully submitted,
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`DINSMORE & SHOHL LLP
`
`
`
`
`
`/s/ Mark D. Schneider
`Mark D. Schneider
`Liane H. Rousseau
`Dinsmore & Shohl LLP
`900 Wilshire Drive, Suite 300
`Troy, MI 48084
`Tel: (248) 203-1615
`Fax: (248) 647-5210
`Email: mark.schneider@dinsmore.com
`
`liane.rousseau@dinsmore.com
`
`Attorneys for Mastronardi Product Limited
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing Notice of Opposition has been
`
`
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`served upon Driscoll’s Inc. to the following by first class mail this 15th day of December, 2020:
`
`345 Westridge Drive
`Watsonville, California, 95076
`
`
`With a copy to:
`
`
`Laura M. Franco
`Winston & Strawn
`100 California Street
`San Francisco, California, 94111
`
`
`/s/ Mark D. Schneider
`Mark D. Schneider
`
`Attorney for Mastronardi Produce Limited
`
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`

`

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`EXHIBIT A
`EXHIBIT A
`
`
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
`Trademark/Service Mark Application, Principal Register
`
`Serial Number: 88881133
`Filing Date: 04/21/2020
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`MARK INFORMATION
`
`*MARK
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`*MAILING ADDRESS
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`88881133
`
`BERRY BIG
`
`YES
`
`YES
`
`BERRY BIG
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`Driscoll's, Inc.
`
`345 Westridge Drive
`
`Watsonville
`
`California
`
`*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`United States
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`*EMAIL ADDRESS
`
`LEGAL ENTITY INFORMATION
`
`TYPE
`
`95076
`
`XXXX
`
`corporation
`
`STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF
`INCORPORATION
`
`California
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`FILING BASIS
`
`ADDITIONAL STATEMENTS SECTION
`
`ACTIVE PRIOR REGISTRATION(S)
`
`ATTORNEY INFORMATION
`
`031
`
`fresh berries
`
`SECTION 1(b)
`
`The applicant claims ownership of active prior U.S.
`Registration Number(s) 2826322.
`
`NAME
`
`Laura M. Franco
`
`

`

`ATTORNEY DOCKET NUMBER
`
`250743.01030
`
`ATTORNEY BAR MEMBERSHIP NUMBER
`
`YEAR OF ADMISSION
`
`U.S. STATE/ COMMONWEALTH/ TERRITORY
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`EMAIL ADDRESS
`
`OTHER APPOINTED ATTORNEY
`
`CORRESPONDENCE INFORMATION
`
`XXX
`
`XXXX
`
`XX
`
`Winston & Strawn
`
`100 California Street
`
`San Francisco
`
`California
`
`United States
`
`94111
`
`415-591-1000
`
`trademarkssf@winston.com
`
`Becky Troutman; Jennifer Golinveaux; Irina Lyapis; Joe
`Dimont
`
`NAME
`
`Laura M. Franco
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`trademarkssf@winston.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
`
`LFranco@winston.com; JDimont@winston.com
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`TEAS Standard
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`*TOTAL FEES DUE
`
`*TOTAL FEES PAID
`
`SIGNATURE INFORMATION
`
`SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`1
`
`275
`
`275
`
`275
`
`/Tom O'Brien/
`
`Tom O'Brien
`
`SVP General Counsel
`
`831.763.3298
`
`04/21/2020
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
`
`
`Trademark/Service Mark Application, Principal Register
`
`To the Commissioner for Trademarks:
`
`Serial Number: 88881133
`Filing Date: 04/21/2020
`
`MARK: BERRY BIG (Standard Characters, see mark)
`The literal element of the mark consists of BERRY BIG. The mark consists of standard characters, without claim to any particular font style,
`size, or color.
`The applicant, Driscoll's, Inc., a corporation of California, having an address of
` 345 Westridge Drive
` Watsonville, California 95076
` United States
` XXXX
`
`requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
`established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
`
`International Class 031: fresh berries
`Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
`goods/services.
`
`Claim of Active Prior Registration(s)
`The applicant claims ownership of active prior U.S. Registration Number(s) 2826322.
`
`The owner's/holder's proposed attorney information: Laura M. Franco. Other appointed attorneys are Becky Troutman; Jennifer Golinveaux; Irina
`Lyapis; Joe Dimont. Laura M. Franco of Winston & Strawn, is a member of the XX bar, admitted to the bar in XXXX, bar membership no.
`XXX, and the attorney(s) is located at
` 100 California Street
` San Francisco, California 94111
` United States
` 415-591-1000(phone)
` trademarkssf@winston.com
`The docket/reference number is 250743.01030.
`Laura M. Franco submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court
`of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
`
`The applicant's current Correspondence Information:
`
` Laura M. Franco
`
` PRIMARY EMAIL FOR CORRESPONDENCE: trademarkssf@winston.com
` SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): LFranco@winston.com; JDimont@winston.com
`
`Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and
`the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark
`Electronic Application System (TEAS).
`A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).
`
`Basis:
`If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`
`Declaration
`
`

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`The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;
`The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the
`goods/services in the application;
`The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in
`connection with the goods/services in the application as of the application filing date; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`And/Or
`If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),
`and/or § 1126(e):
`
`The signatory believes that the applicant is entitled to use the mark in commerce;
`The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as
`of the application filing date on or in connection with the goods/services in the application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the
`mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the
`goods/services of such other persons, to cause confusion or mistake, or to deceive.
`
`To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the
`allegations and other factual contentions made above have evidentiary support.
`
`The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §
`1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration
`resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and
`belief are believed to be true.
`
`Declaration Signature
`
`Signature: /Tom O'Brien/ Date: 04/21/2020
`Signatory's Name: Tom O'Brien
`Signatory's Position: SVP General Counsel
`Payment Sale Number: 88881133
`Payment Accounting Date: 04/21/2020
`
`Serial Number: 88881133
`Internet Transmission Date: Tue Apr 21 16:40:10 ET 2020
`TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020042116401040
`3641-88881133-71049c4486df821791131d3dbf
`4687c5dfaeabcc3eb7f357f776c8649b19e3c96-
`DA-40105389-20200420123442582997
`
`
`

`

`BERRY BIG
`
`

`

`Generated on: This page was generated by TSDR on 2020-12-14 14:07:34 EST
`
`Mark: BERRY BIG
`
`US Serial Number: 88881133
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Apr. 21, 2020
`
`LIVE/APPLICATION/Published for Opposition
`
`A pending trademark application has been examined by the Office and has
`been published in a way that provides an opportunity for the public to oppose
`its registration.
`
`Status: A request for an extension of time to file an opposition has been filed with the Trademark Trial and Appeal Board. For further
`information, see TTABVUE on the Trademark Trial and Appeal Board web page.
`
`Status Date: Sep. 14, 2020
`
`Publication Date: Aug. 18, 2020
`
`
`
`Mark Literal
`Elements:
`
`BERRY BIG
`
`Mark Information
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Related Properties Information
`
`Claimed Ownership
`of US
`Registrations:
`
`2826322
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: fresh berries
`
`International
`Class(es):
`
`031 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(b)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`U.S Class(es): 001, 046
`
`Basis Information (Case Level)
`
`Currently Use: No
`
`Currently ITU: Yes
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`

`

`Current Owner(s) Information
`
`Owner Name: Driscoll's, Inc.
`
`Owner Address: 345 Westridge Drive
`Watsonville, CALIFORNIA UNITED STATES 95076
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Attorney/Correspondence Information
`
`Attorney Name: Laura M. Franco
`
`Docket Number: 250743.01030
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`trademarkssf@winston.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`LAURA M. FRANCO
`WINSTON & STRAWN
`100 CALIFORNIA STREET
`SAN FRANCISCO, CALIFORNIA UNITED STATES 94111
`
`Phone: 415-591-1000
`
`Correspondent e-
`mail:
`
`trademarkssf@winston.com
`LFranco@winston.com JDimont@winston.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Sep. 14, 2020
`
`EXTENSION OF TIME TO OPPOSE RECEIVED
`
`Aug. 18, 2020
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`Aug. 18, 2020
`
`PUBLISHED FOR OPPOSITION
`
`Jul. 29, 2020
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`Jul. 15, 2020
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Jul. 14, 2020
`
`LETTER OF PROTEST EVIDENCE REVIEWED-NO FURTHER ACTION TAKEN
`
`Jul. 14, 2020
`
`ASSIGNED TO EXAMINER
`
`Jun. 22, 2020
`
`LETTER OF PROTEST ACCEPTED
`
`May 01, 2020
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`Apr. 24, 2020
`
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`TM Attorney: LINERO GUARDA, GERARDO
`
`TM Staff Information
`
`Law Office
`Assigned:
`
`LAW OFFICE 127
`
`File Location
`
`Current Location: PUBLICATION AND ISSUE SECTION
`
`Date in Location: Jul. 16, 2020
`
`Proceedings
`
`Summary
`
`Number of
`Proceedings:
`
`1
`
`Type of Proceeding: Extension of Time
`
`
`
`Proceeding
`Number:
`
`88881133
`
`Filing Date: Sep 14, 2020
`
`Status: Extension of Time to Oppose Filed
`
`Status Date: Sep 14, 2020
`
`Interlocutory
`Attorney:
`
`Proceeding
`Number
`
`94350
`
`94350
`
`

`

`Name: Driscoll's, Inc.
`
`Correspondent
`Address:
`
`LAURA M. FRANCO
`WINSTON & STRAWN
`100 CALIFORNIA STREET
`SAN FRANCISCO CA UNITED STATES , 94111
`
`Defendant
`
`Correspondent e-
`mail:
`
`Associated marks
`
`Mark
`
`BERRY BIG
`
`trademarkssf@winston.com , LFranco@winston.com , JDimont@winston.com
`
`Application Status
`
`Serial
`Number
`
`Registration
`Number
`
`Request For Extension of Time to File Opposition
`
`88881133
`
`Potential Opposer(s)
`
`Name: Mastronardi Produce Limited
`
`Correspondent
`Address:
`
`Correspondent e-
`mail:
`
`MARK D. SCHNEIDER
`DINSMORE & SHOHL LLP
`900 WILSHIRE DRIVE, STE. 300
`TROY MI UNITED STATES , 48084
`
`mark.schneider@dinsmore.com
`
`Entry Number
`
`History Text
`
`1
`
`2
`
`FIRST 90-DAY REQUEST TO EXT TIME TO OPPOSE
`
`EXT GRANTED
`
`Date
`
`Sep 14, 2020
`
`Sep 14, 2020
`
`Due Date
`
`Prosecution History
`
`