HEALTH NUT - Trademark Details
Status: 710 - Cancelled - Section 8
Serial Number
85935889
Registration Number
4718800
Word Mark
HEALTH NUT
Status
710 - Cancelled - Section 8
Status Date
2021-11-19
Filing Date
2013-05-17
Registration Number
4718800
Registration Date
2015-04-14
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
051125, 110325, 260118, 260121 - Other vegetables including celery, turnips, broccoli, asparagus and artichokes. Other non-electric cooking and serving ware, including woks. Three or more concentric circles. Circles that are totally or partially shaded.
Published for Opposition Date
2014-07-01
Law Office Assigned Location Code
L50
Employee Name
BRADLEY, EVELYN W
Statements
Indication of Colors claimed
The color(s) brown, peach, tan, green, orange, dark red, cream and black is/are claimed as a feature of the mark.
Concurrent Use Statement
Concurrent use by geographic area: Health Nut Cafe (Serial No. 85683949) to use their mark within the states of Oklahoma, Colorado, Kansas, New Mexico, Texas, Arkansas and Missouri. New Health Nut Inc. to use their mark within the entire US, excluding the aforementioned states. Opposition/Concurrent Use Proceeding has been filed (Opposition No. 91212623)
Concurrent Use Statement
Services are "Restaurant and cafe services" and "Take-out restaurant services." Geographic area is within the entire United States, excluding the geographic areas encompassed by the states of Oklahoma, Colorado, Kansas, New Mexico, Texas, Arkansas, and Missouri. Please see concurrent use proceeding no. 94002599
Concurrent Use Statement
Subject to Concurrent Use Proceeding No. 94002599 in connection with Serial No. 85683949. Applicant claims the exclusive right to use the mark in the area comprising the entire United States, excluding the geographic areas encompassed by the states of Oklahoma, Colorado, Kansas, New Mexico, Texas, Arkansas, and Missouri.
Disclaimer with Predetermined Text
"HEALTH"
Description of Mark
The mark consists of a circle outlined in the colors dark brown, light brown and black. The color peach appears inside the circle and in the tree branches which also appear inside the circle. The color orange appears in the words "HEALTH NUT". A platter in the colors brown and light brown is displayed between the words "HEALTH" and "NUT". The platter is displayed with different fruits in the colors green, cream and dark red, tan, brown and black.
Goods and Services
Restaurant and cafe services; Take-out restaurant services
Order restricting Scope or Claim of Registration
Registration limited to the area comprising the entire United States except Oklahoma, Colorado, Kansas, New Mexico, Texas, Arkansas and Missouri pursuant to Concurrent Use No. 94002599. Concurrent registration with application Serial No. 85683949.
Classification Information
International Class
043 - Services for providing food and drink; temporary accommodation. - Services for providing food and drink; temporary accommodation.
US Class Codes
100, 101
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2021-11-19
Primary Code
043
First Use Anywhere Date
2009-07-15
First Use In Commerce Date
2009-07-15
Correspondences
Name
NEW HEALTH NUT INC.
Address
Please log in with your Justia account to see this address.
Trademark Events
| Event Date | Event Description |
| 2013-05-21 | NEW APPLICATION ENTERED IN TRAM |
| 2013-05-30 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| 2013-05-31 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| 2013-08-23 | ASSIGNED TO EXAMINER |
| 2013-09-02 | NON-FINAL ACTION WRITTEN |
| 2013-09-02 | NON-FINAL ACTION E-MAILED |
| 2013-09-02 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 2014-02-19 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2014-02-19 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2014-02-20 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2014-03-14 | NON-FINAL ACTION WRITTEN |
| 2014-03-14 | NON-FINAL ACTION E-MAILED |
| 2014-03-14 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 2014-03-14 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2014-03-14 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2014-03-15 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2014-04-04 | SUSPENSION LETTER WRITTEN |
| 2014-04-04 | LETTER OF SUSPENSION E-MAILED |
| 2014-04-04 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| 2014-04-24 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| 2014-05-09 | ASSIGNED TO LIE |
| 2014-05-15 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2014-05-15 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2014-05-22 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| 2014-05-27 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| 2014-06-11 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| 2014-07-01 | PUBLISHED FOR OPPOSITION |
| 2014-07-01 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| 2014-08-27 | CONCURRENT USE PROC. INSTITUTED NO. 999999 |
| 2014-08-27 | CONCURRENT USE PROC. INSTITUTED NO. 999999 |
| 2015-03-03 | CONCURRENT USE GRANTED NO. 999999 |
| 2015-03-04 | CONCURRENT USE TERMINATED NO. 999999 |
| 2015-03-04 | TTAB RELEASE CASE TO TRADEMARKS |
| 2015-04-14 | REGISTERED-PRINCIPAL REGISTER |
| 2018-06-27 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| 2020-04-14 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| 2021-11-19 | CANCELLED SEC. 8 (6-YR) |
