M METROPOLITANMARKET THE ULTIMATE SMOOTHIE MIX STRAWBERRY, BANANA, RASPBERRY, MANGO PERFECTLY RIPE BEST FLAVOR SMOOTHIE ENLARGED TO SHOW DETAIL, CALORIES 80 PER 1 CUP SERVING POTASSIUM 8% 300MG PER CUP DIETARY FIBER 4G PER 1 CUP SERVING NET WT. 2 LBS. (907 G) KEEP FROZEN UNTIL READY FOR USE

Description of Design Search

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 elements "THE ULTIMATE" in stylized lettering. The word elements "THE ULTIMATE" are the color white. Below "THE ULTIMATE" word elements appear the word elements "SMOOTHIE MIX" in stylized lettering. The word elements "SMOOTHIE MIX" are the color white and the stylized lettering is of a larger size than the word elements "THE ULTIMATE". Both "THE ULTIMATE" word elements and the word elements "SMOOTHIE MIX" are inside a banner. The inside area of the banner is the color orange. There is a thin line in a wave pattern above and below the orange banner. The thin lines in a wave pattern are the color black. Below the thin line in a wave pattern underneath the orange banner are the word elements "STRAWBERRY, BANANA, RASPBERRY, MANGO". The word elements "STRAWBERRY, BANANA, RASPBERRY, MANGO" are in stylized lettering. The word elements "STRAWBERRY, BANANA, RASPBERRY, MANGO" are the color black. Next to the "STRAWBERRY, BANANA, RASPBERRY, MANGO" 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 "SMOOTHIE" in stylized letters is written across the center of the concentric circles and creates a break in the concentric circles. The word element "SMOOTHIE" 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 part of a strawberry. The strawberry is the color red and the center of the strawberry is directed towards the right of the product packaging. Immediately in front of the piece of strawberry is a raspberry. The raspberry is the color pink and is directed toward the bottom, left corner of the product packaging. Next to the raspberry is a slice of banana. The banana slice is the color cream and appears to be in the background behind the piece of strawberry and the raspberry located at the right of the product packaging. Located in front of the slice of banana is a piece of mango. The piece of mango is the color yellow. Directly behind the piece of mango is a whole strawberry. The strawberry is the color red for the body of the strawberry. The leaves of the strawberry are located at the top of the whole strawberry and are the color green. The leaves are directed toward the top, left corner of the product packaging. The strawberry is located next to the slice of banana located at the right of the product packaging. Behind the whole strawberry is a piece of mango and a piece of strawberry. The piece of mango is the color yellow and is directly in front of the piece of strawberry. The piece of strawberry is the color red and is directed toward the top of the product packaging. In front of the whole strawberry is a raspberry. The raspberry is the color pink and is directed toward the left of the product packaging. Next to the raspberry, and slightly in the background, is a piece of mango. The piece of mango is the color yellow and is larger in size than the other two pieces of mango that appear on the product packaging. Behind the piece of mango there are two pieces of banana. The banana pieces are the color cream. One banana piece is located at an angle on top of the other banana piece and is directed toward the top, left corner of the product packaging. At the left of the product packaging is a piece of strawberry. The strawberry is the color red and the center of the strawberry is directed towards the top of the product packaging. There are a total of two raspberries on the product packaging. The two raspberries appear to be different sizes. The raspberry located at the right of the product packaging appears to be smaller than the raspberry that appears in the center of the product packaging. Both of the raspberries have small individual drupes forming the aggregate texture of the raspberries. The drupelets are the color pink. The two raspberries also appear to have small hairs on them. The small hairs are the color white. There are a total of three pieces of strawberry and one whole strawberry on the product packaging. The three pieces of strawberry appear to be different sizes and shapes. The whole strawberry appears to have small seeds on it. The small seeds are the color black. A line extends from the piece of strawberry 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 piece of strawberry 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 "8%" in stylized lettering are in the center of the two white concentric circles. The word elements "8% "are the color white. The word element "POTASSIUM" in stylized letters appears in between the two white concentric circles. The word element "POTASSIUM" appears arched in between the top half of the concentric circles. The word element "POTASSIUM" is the color white. The word elements "300 MG PER CUP" in stylized lettering appears in between the two white concentric circles. The word elements "300MG PER CUP" appear arched in between the bottom half of the concentric circles. The word elements "300MG PER CUP" 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 "4G" in stylized lettering are in the center of the two white concentric circles. The word elements "4G" 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.