M METROPOLITAN MARKET NORTHWEST BERRY BLEND BLUEBERRIES, BLACKBERRIES, RASPBERRIES PERFECTLY RIPE BEST FLAVOR NORTHWEST ENLARGED TO SHOW DETAIL, CALORIES 80 PER 1 CUP SERVING VITAMIN C 40% PER 1 CUP SERVING DIETARY FIBER 6G PER 1 CUP SERVING NET WT. 2 LBS. (907 G) KEEP FROZEN UNTIL READY FOR USE

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 black at the top of the product packaging inside of a black circle with a black leaf on the upper right portion of the circle. Below the mark "M" is the mark "METROPOLITANMARKET" in a stylized form. The mark "METROPOLITANMARKET" is depicted in the color black. Below the mark "METROPOLITANMARKET" appears the word element "NORTHWEST" in stylized letters. The word element "NORTHWEST" are the color white. Below the "NORTHWEST" word element appears the word elements "BERRY BLEND" in stylized lettering. The word elements "BERRY BLEND" are the color white and the stylized lettering is of a larger size than the word element "NORTHWEST". Both the word element "NORTHWEST" and the word elements "BERRY BLEND" are inside a banner. The inside area of the banner is the color purple. There is a thin line in a wave pattern above and below the purple banner. The thin lines in a wave pattern are the color black. Below the thin line in a wave pattern underneath the purple banner are the word elements "BLUEBERRIES", "BLACKBERRIES", "RASPBERRIES". The word elements "BLUEBERRIES", "BLACKBERRIES", "RASPBERRIES" are in stylized lettering. The word elements "BLUEBERRIES", "BLACKBERRIES", "RASPBERRIES" are the color black. Next to the "BLUEBERRIES","BLACKBERRIES", "RASPBERRIES" word elements appear two concentric circles with word elements in between the inner and outer circles and across the center of the concentric 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 appears a raspberry. The raspberry is the color pink and is directed toward the right of the product packaging. Immediately surrounding the raspberry are three blueberries. The three blueberries are the color blue and appear to be in front of the raspberry. The three blueberries are located at the right of the product packaging. The tops of the three blueberries appear opened, with jagged marks surrounding the edges of the openings. The blueberry directly in front of the raspberry is directed toward the top, left of the product packaging. The blueberry in the middle of the three blueberries located at the right of the product packaging is directed toward the top of the product packaging. The blueberry in the background of the three blueberries is directed toward the right of the product packaging. Directly behind the blueberry in the background of the set of three blueberries is a blackberry. The blackberry is the color black and is lying horizontal on the product packaging. Directly next to the blackberry is a blueberry. The blueberry is the color blue and is not in focus. Directly in front of this blueberry and the blackberry is a raspberry. The raspberry is the color pink and is directed toward the top, left corner of the product packaging. In front of the raspberry is another blueberry. The blueberry is the color blue and the top of the blueberry appears opened, with jagged marks surrounding the edges of the opening. The blueberry is directed toward the top of the product packaging. Immediately behind the blueberry is a single blackberry. The blackberry is black and is lying horizontal on the product packaging. Directly behind the blackberry is a raspberry. The raspberry is the color pink and is directed toward the left of the product packaging. In front of the raspberry is a blueberry. The blueberry is the color blue and the top of the blueberry appears opened, with jagged marks surrounding the edges of the opening. The blueberry is directed toward the top of the product packaging. There are a total of six blueberries on the product packaging. The six blueberries appear to be the same size. The five blueberries have a slight discoloration on the body of the blueberries that represents the skin of the blueberries and the texture of the blueberries. There are a total of three raspberries on the product packaging. The three raspberries appear to be the same size. Each of the three raspberries has small individual drupes forming the aggregate texture of the raspberries. The drupelets are the color pink. The three raspberries also appear to have small hairs on them. The small hairs are the color white. There are a total of two blackberries on the product packaging. The blackberries appear to be the same size. Each of these blackberries has small individual drupes forming the aggregate texture of the blackberries. The drupelets are the color black. A line extends from the single raspberry 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 set of single blueberry located at the left of the product packaging are two concentric circles with word elements in between the inner and outer circles and in the center. 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 "80" in stylized letters is in the center of the two white concentric circles. The word element "80" 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 there is another set of two concentric circles with word elements in between the inner and outer circles and in the center. 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 "40%" in stylized lettering are in the center of the two white concentric circles. The word elements "40%" 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 and in the center. 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 "6G" in stylized lettering are in the center of the two white concentric circles. The word elements "6G" 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.

The color(s) black, white, purple, green, blue, pink and grey is/are claimed as a feature of the mark.

In the statement, line, "(WASHINGTON LIMITED LIABILITY COMPANY)" should be deleted, and (DELAWARE LIMITED LIABILITY COMPANY) should be inserted.

M METROPOLITAN MARKET NORTHWEST BERRY BLEND BLUEBERRIES BLACKBERRIES RASPBERRIES PERFECTLY RIPE BEST FLAVOR NORTHWEST ENLARGED TO SHOW DETAIL CALORIES EIGHTY PER ONE CUP SERVING VITAMIN C FORTY PERCENT PER ONE CUP SERVING DIETARY FIBER SIX G PER ONE CUP SERVING NET WT TWO POUNDS NINE HUNDRED SEVEN G KEEP FROZEN UNTIL READY FOR USE