USA U.S. A HANDFUL OF U.S. TRAIL MIX INYOUR POCKET! SUPERFOOD MIX GLUTEN FREE NON-GMO UNSALTED 100 CAL. NET WT. 0.7 OZ (20 G) DAILY NUTS AND FRUITS - Trademark Details
Status: 807 - SU - Non-Final Action - Mailed
Serial Number
88774386
Word Mark
USA U.S. A HANDFUL OF U.S. TRAIL MIX INYOUR POCKET! SUPERFOOD MIX GLUTEN FREE NON-GMO UNSALTED 100 CAL. NET WT. 0.7 OZ (20 G) DAILY NUTS AND FRUITS
Status
807 - SU - Non-Final Action - Mailed
Status Date
2021-12-13
Filing Date
2020-01-27
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
010110, 010113, 050325, 050704, 050705, 050706, 050901, 050925, 110125, 190704, 190902, 240905, 2601 - Three or more stars. More than one star with five points. Other leaves. Nuts, without shells. Nuts, with shells. Seeds, including sunflower and pumpkin seeds. Berries. Other fruits including coconuts. Other non-electric kitchen utensils, utensil holders. Flattened packages and cartons. Bottles, jars or flasks with bulging, protruding or rounded sides. American flags in any form. Three circles. Squares that are completely or partially shaded. Two rectangles. Rectangles that are completely or partially shaded. Diagonal line(s), band(s) or bar(s). Curved line(s), band(s) or bar(s).
Published for Opposition Date
2021-01-12
Law Office Assigned Location Code
M10
Employee Name
CAPSHAW, DANIEL
Statements
Indication of Colors claimed
The color(s) blue, white, brown, ivory, yellow, purple and red is/are claimed as a feature of the mark.
Disclaimer with Predetermined Text
DESIGN OF AN ALMOND, A WALNUT, RAISINS, DRIED CRANBERRIES AND SUNFLOWER SEEDS AND THE PROHIBITION SYMBOLS INDICATING NON-GMO, UNSALTED AND GLUTEN FREE AND "USA," AND "U.S," AND "SUPER FOOD," AND "TRAIL MIX," AND "GLUTEN FREE," AND "NON-GMO," AND "UNSALTED" AND "MIX," AND "100 CAL.," AND "NET WT. 0.7 OZ (20 G)," AND "NUTS & FRUITS,"
Description of Mark
The mark consists of the front cover of a square package of the goods with three star shapes in white on top left followed by the word "USA" in white on the right followed by three thin horizontally curved lines in white across in a blue curved background. Right side below the blue curved line and above thick white curved background appears a brown oblong circle with the word "Daily" in the color blue above the word "Nuts" in white in larger letters and ampersand in blue above the word "Fruits" in yellow; on the left of the thick white curved background appears the stylized word "U.S". in white and underlined in a red background with partial white left of the word "A Handful of" in brown, followed by the word "U.S. Grown Mix" in brown, followed by the words "in Your Pocket!" in brown followed by a larger stylized letter "SUPER" in brown followed by a star shape in blue above three red vertical lines next to a larger stylized word "Food" in brown followed by the stylized word "Mix" in white on blue and partially white and red background. The bottom left shows a brown circle with brown letters GF in the center and with CERTIFED above the circle and GLUTEN FREE below and both in brown; next to the first circle appears a purple square with a salt shaker in white with two white lines in the square; next to the salt shaker design appears a circle in brown color with the brown wording "NON GMO;" next to the NON GMO circle appears a brown number "73" above white rectangular with brown outline. The bottom right shows the white wording " 0.7 OZ (20 g)"; on the right top side of the thick white curved background, an image of brown oblong shape almond, followed by a brown walnut, followed by red cranberries, followed by ivory sunflower seeds, followed by dark blue raisins. The rectangular shape of the package which is outlined in dotted lines is shown for positioning purposes only and not a claimed feature of the mark; the design of the package is not claimed as a feature of the mark.
Goods and Services
Blanched nuts; Chopped nuts; Flavored nuts; Processed nuts; Roasted nuts; Seasoned nuts; Shelled nuts; Snack mix consisting of dehydrated fruit and processed nuts; Snack mix consisting primarily of dehydrated fruit and also including almonds, walnuts, sunflower seeds; Snack mix consisting primarily of processed nuts, and also including dried cranberries, raisins, sunflower seeds; Snack mix consisting primarily of processed fruits, processed nuts and/or raisins; Snack mix consisting primarily of processed seeds and also including almonds, walnuts, dried cranberries, raisins; Trail mix consisting primarily of processed nuts, and also including dried cranberries, raisins, sunflower seeds
Pseudo Mark
USA U.S. A HANDFUL OF U.S. TRAIL MIX IN YOUR POCKET! SUPER FOOD MIX GLUTEN FREE NON-GMO UNSALTED ONE HUNDRED CALORIES. NET WEIGHT. 0.7 OUNCES (20 G)
Classification Information
International Class
029 - Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats. - Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
US Class Codes
046
Class Status Code
6 - Active
Class Status Date
2020-01-30
Primary Code
029
First Use Anywhere Date
2019-03-01
First Use In Commerce Date
2019-03-01
Current Trademark Owners
Party Name
Party Type
20 - Owner at Publication
Legal Entity Type
03 - Corporation
Address
Please log in with your Justia account to see this address.
Trademark Owner History
Correspondences
Name
DAILY NUTS AND FRUITS, INC.
Address
Please log in with your Justia account to see this address.
Prior Registrations
Relationship Type | Reel Number |
Prior Registration | 4818890 |
Prior Registration | 5752367 |
Trademark Events
Event Date | Event Description |
2020-01-30 | NEW APPLICATION ENTERED IN TRAM |
2020-01-30 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
2020-01-31 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
2020-04-15 | ASSIGNED TO EXAMINER |
2020-04-21 | NON-FINAL ACTION WRITTEN |
2020-04-21 | NON-FINAL ACTION E-MAILED |
2020-04-21 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
2020-04-23 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
2020-04-23 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
2020-04-23 | TEAS/EMAIL CORRESPONDENCE ENTERED |
2020-05-11 | SUSPENSION LETTER WRITTEN |
2020-05-11 | LETTER OF SUSPENSION E-MAILED |
2020-05-11 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
2020-11-30 | ASSIGNED TO LIE |
2020-12-01 | SUSPENSION CHECKED ¿ TO ATTORNEY FOR ACTION |
2020-12-10 | APPROVED FOR PUB - PRINCIPAL REGISTER |
2020-12-23 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
2021-01-12 | PUBLISHED FOR OPPOSITION |
2021-01-12 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
2021-03-09 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
2021-08-27 | TEAS STATEMENT OF USE RECEIVED |
2021-08-30 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
2021-08-27 | USE AMENDMENT FILED |
2021-08-30 | STATEMENT OF USE PROCESSING COMPLETE |
2021-09-16 | SU - NON-FINAL ACTION - WRITTEN |
2021-09-16 | NON-FINAL ACTION E-MAILED |
2021-09-16 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
2021-11-29 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
2021-12-01 | ASSIGNED TO LIE |
2021-12-02 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
2021-12-02 | TEAS/EMAIL CORRESPONDENCE ENTERED |
2021-12-13 | SU - NON-FINAL ACTION - WRITTEN |
2021-12-13 | NON-FINAL ACTION E-MAILED |
2021-12-13 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |