notice of opposition - ttabvue.uspto.gov · the color(s) white, yellow, red, green and blue is/are...

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA1049400

Filing date: 04/15/2020

IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE 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 KIND Management Inc.

Granted to Dateof previous ex-tension

04/15/2020

Address 1372 BROADWAYNEW YORK, NY 10018UNITED STATES

Attorney informa-tion

ROBERT H. NEWMANLOEB & LOEB LLP321 N. CLARK STREET, SUITE 2300CHICAGO, IL 60654UNITED [email protected], [email protected], [email protected], [email protected]

Applicant Information

Application No 88338101 Publication date 12/17/2019

Opposition FilingDate

04/15/2020 Opposition Peri-od Ends

04/15/2020

Applicant Reihani, Francois2310 Southbay CircleRowlett, TX 75088UNITED STATES

Goods/Services Affected by Opposition

Class 030. First Use: 2018/09/16 First Use In Commerce: 2019/01/01All goods and services in the class are opposed, namely: Coffee; tea; prepared coffee and coffee-based beverages; Packaged coffee and tea products, namely, coffee beans, tea bags, and loose tea;prepared espresso andespresso-based beverages; beverages made of tea; fruit flavored tea; matchatea; green tea; black tea; iced tea; baked goods, namely, muffins, scones, cookies,pastries, andbreads; sandwiches; packaged baked goods, namely, muffins, pastries, and cookies

Class 043. First Use: 2018/09/16 First Use In Commerce: 2019/01/01All goods and services in the class are opposed, namely: Restaurant and cafÃ© services, includings-it-down and take-out service of food and drink

Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d)

http://estta.uspto.gov

Marks Cited by Opposer as Basis for Opposition

U.S. RegistrationNo.

4161495 Application Date 11/20/2007

Registration Date 06/19/2012 Foreign PriorityDate

NONE

Word Mark KIND

Design Mark

Description ofMark

NONE

Goods/Services Class 025. First use: First Use: 2011/05/31 First Use In Commerce: 2011/09/26

Clothing and apparel, namely, T-shirts,sweatshirts, caps, vests, jackets

Class 029. First use: First Use: 2004/06/14 First Use In Commerce: 2004/06/14

Sweet snacks, namely, fruit based snackfood, dried fruit mixes; snack mixesconsisting primarily of processed fruits and processed nuts; nutrition bars,namely, nut and seed based snack bars; fruit based snack food bars also con-taining grains, cereals, dried fruit, fruit juice;nut based snack food


Snacks, namely, cereal based snack food; cereal based snack food bars, gran-ola based snack food bars, grain based snackfood; Snack foods, namely, gran-ola based mixes, rice based snack food, whole grain based snack food




NONE

Word Mark KIND

Design Mark

Description ofMark

The mark consists of the word "KIND" inwhite with a four color rectangular panelabove the text consisting of four colored vertical rectangles in yellow, red,greenand blue. A thin white line appears between the word "KIND" and the four colorrectangular panel. The bottom partof the thin white line connects with the topportion of the word "KIND". The black outlining of the letters and of the thin whiteline is not being claimed as a feature of the mark and it represents only outlining.The white color in between and behind the letters is background and is not beingclaimed as a feature ofthe mark.


Coffee-based snack foods




NONE

Word Mark KIND

Design Mark

Description ofMark

The mark consists of the word "KIND" inwhite with a four color rectangular panelabove the text consisting of four colored vertical rectangles in yellow, red,greenand blue. A thin white line appears between the word "KIND" and the four colorrectangular panel. The bottom partof the thin white line connects with the top

portion of the word "KIND". The black outlining of the letters and of the thin whiteline is not being claimed as a feature of the mark and it represents only outlining.The white color in between and behind the letters is background.


Whole grain based snack foods, namely, whole grain-based food bars, wholegrain- based clusters; popcorn; whole grain-based salty snack foods




NONE

Word Mark KIND

Design Mark

Description ofMark

The mark consists of the word "KIND" inwhite with a four color rectangular panelabove the text consisting of four colored vertical rectangles in yellow, red,greenand blue. A thin white line appears between the word "KIND" and the four colorrectangular panel. The bottom partof the thin white line connects with the topportion of the word "KIND". The black outlining of the letters and of the thin whiteline is not being claimed as a feature of the mark and it represents only outlining.The white color in between and behind the letters is background.


Fruit based snack foods; fruit based food bars; Fruit and vegetable based snack-foods; Fruit and vegetable based food bars; Nut based food bars; nut and seedbased food bars; nut based snack foods; fruit and nut food bars; fruit basedsnack bars also containing nuts, grains, cereal and dried fruit; healthy snacks,namely, food bars comprised primarily of nuts, fruits and nuts and also contain-ing other ingredients; snack mixes consisting primarily of processed fruits andnuts


Cereal based snack food; Cereal based food bars; cereal and nut bars; Grainbased food bars also containing nuts; granola based food bars; grain based foodbars also containing dried fruit, seeds, quinoa and other ingredients; cerealbasedsnack food clusters; granola based snack bars; popcorn snack mixes con-sisting primarily of popcorn and also containing other ingredients; poppedsorghum based food bars also containing other ingredients; granola basedmixes; granola based food bars; rice based snack food; healthy snacks, namely,food bars comprised ofwhole grains, namely, oats, brown rice millet, amaranth,buckwheat, quinoa and also containing other ingredients




NONE

Word Mark KIND

Design Mark

Description ofMark

NONE


Ready to eat, cereal derived food bars containing nuts




NONE

Word Mark KIND

Design Mark

Description ofMark

NONE


Whole grain based snack foods, namely, whole grain-based food bars, wholegrain-based clusters; ready to eat cereal; popcorn; cereal based energy bars;quinoa-based food bars; high protein cereal bars; cereal-based snack foodclusters consisting primarily of whole grains and also containing other ingredi-ents, namely, nuts, fruits, and seeds; healthy snacks,namely, food bars com-prised of whole grains, namely, oats, brown rice, millet amatanth, buckwheatand quinoa and also containing other ingredients




NONE

Word Mark KIND

Design Mark

Description ofMark

The mark consists of the word "KIND" inwhite on a horizontal black bar be-neatha four-color panel consisting of the colors yellow, red, green and blue. Un-derneath the black bar are two more black bars separated by white lines. To theleftof the word "KIND" and the four-color panel is a narrow vertical stripe in red.Ablack stripe runs horizontally acrossthe middle of the mark and extends towardsthe right side to become the middle black bar beneath the word "KIND". The ho-rizontal stripe is delineated by white lines. At the left edge of the long horizontalstripe is a narrow vertical stripe in broken lines to show placement. Thelargewhite areas above and below the long horizontal stripe represent transparentareas and are not part of the mark, and the white areas to the left of the narrowvertical stripe and to the right of the four-color panel represent transparent areasor background and are not part of the mark. The matter shown by the brokenlines depicting the outside of themark and the narrow vertical stripe is not a partof the mark and serves only to indicate the position of the mark on the goods.


Healthy snacks, namely, nut and seed based snack bars; processed fruit-andnut-based food bars, nut based snack food bars, fruit based snack food barsalso containing nuts, grains, cereals and dried fruit




NONE

Word Mark KIND

Design Mark

Description ofMark

NONE


Nutrition bars, namely, processed fruit-and-nut-based food bars, nut basedsnack food bars




NONE

Word Mark KIND

Design Mark

Description ofMark

NONE


Non-alcoholic beverages, namely, fruit juices, fruit and vegetable juices, flavoredwater

Attachments 77333800#TMSN.png( bytes )87110465#TMSN.png( bytes )86983685#TMSN.png( bytes )87498959#TMSN.png( bytes )76596770#TMSN.png( bytes )86982693#TMSN.png( bytes )77827342#TMSN.png( bytes )77981723#TMSN.png( bytes )85579711#TMSN.png( bytes )Notice of Opposition to LA LA LAND KIND CAFE Trademark Application8833810.pdf(863915 bytes )

Signature /Robert H. Newman/

Name ROBERT H. NEWMAN

Date 04/15/2020

1

KIND Management Inc.,

Opposer,

v. Francois Reihani,

Applicant.

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In the matter of Application Serial No. 88/338,101 Filed on March 13, 2019 For the mark LA LA LAND KIND CAFE Published in the Official Gazette on December 17, 2019

Opposition No.:

NOTICE OF OPPOSITION

KIND Management Inc. (“Kind” or “Opposer”), a Delaware corporation, having its

principal place of business at 1372 Broadway, New York, New York 10018, believes that it will

be damaged by registration of the mark LA LA LAND KIND CAFE as identified in U.S.

Trademark Application Serial No. 88/338,101 (the “Application”) filed by Francois Reihani

(“Applicant”), and hereby opposes the same. As grounds for the opposition, Kind alleges as

follows:

1. Opposer Kind, through its predecessors-in-interest, has sold snack food bars and

other foods under the KIND trademark since 2004. Opposer has sold more than one billion dollars’

worth of KIND-branded products and more than 100,000 retail locations throughout the United

States. Opposer is well-recognized and well-regarded as a producer of premium-quality goods

and services.

2. In addition to snack food bars and other foods, Opposer also sells a wide range of

KIND-branded products including t-shirts, sweatshirts, and hats and accessories including, tote

2

bags, water bottles, notebooks and books. Opposer promotes and sells KIND products through its

website at www.kindsnacks.com.

3. Opposer, through its predecessors-in-interest, commenced use of the trademark

KIND in connection with snack food bars at least as early as June 14, 2004. Since that time,

Opposer, through its predecessors-in-interest, has continuously used the trademark KIND in

commerce.

4. Opposer owns dozens of valid, subsisting, uncancelled and unrevoked

registrations in the U.S. Patent and Trademark Office for KIND (collectively the “KIND

Marks”), including the following:

MARK REG NO. REG.DATE

DESCRIPTION OF GOODS/SERVICES

KIND 4,161,495 June 19,2012

(Int'l Class: 25)clothing and apparel, namely, t-shirts, sweatshirts, caps, vests, jackets (Int'l Class: 29) sweet snacks, namely, fruit based snack food, dried fruit mixes; snack mixes consisting primarily of processed fruits and processed nuts; nutrition bars, namely, nut and seed based snack bars; fruit based snack food bars also containing grains, cereals, dried fruit, fruit juice; nut based snack food (Int'l Class: 30) snacks, namely, cereal based snack food; cereal based snack food bars, granola based snack food bars, grain based snack food; snack foods, namely, granola based mixes, rice based snack food, whole grain based snack food

KIND and Design

5,456,202 May 1, 2018 (Int'l Class: 30) Coffee-based snack foods

KIND and Design

5,443,908 April 10, 2018

(Int'l Class: 30) Whole grain based snack foods, namely,

3

whole grain-based food bars, whole grain-based clusters; popcorn; whole grain-based salty snack foods

KIND and Design

5,379,863 January 16, 2018

(Int'l Class: 29) Fruit based snack foods; fruit based food bars; fruit and vegetable based snack foods; fruit and vegetable based food bars; nut based food bars; nut and seed based food bars; nut based snack foods; fruit and nut food bars; fruit based snack bars also containing nuts, grains, cereal and dried fruit; healthy snacks, namely, food bars comprised primarily of nuts, fruits and nuts and also containing other ingredients; snack mixes consisting primarily of processed fruits and nuts (Int'l Class: 30) Cereal based snack food; cereal based food bars; cereal and nut bars; grain based food bars also containing nuts; granola based food bars; grain based food bars also containing dried fruit, seeds, quinoa and other ingredients; cereal based snack food clusters; granola based snack bars; popcorn snack mixes consisting primarily of popcorn and also containing other ingredients; popped sorghum based food bars also containing other ingredients; granola based mixes; granola based food bars; rice based snack food; healthy snacks, namely, food bars comprised of whole grains, namely, oats, brown rice millet, amaranth, buckwheat, quinoa and also containing other ingredients

KIND 2,984,772 August 16, 2005

(Int'l Class: 30)Ready to eat, cereal derived food bars containing nuts

KIND 5,272,213 August 22, 2017

(Int'l Class: 30)Whole grain based snack foods, namely, whole grain-based food bars, whole grain-based clusters; ready to eat cereal; popcorn; cereal based energy bars; quinoa-based food bars; high protein cereal bars; cereal-based snack food clusters consisting

4

primarily of whole grains and also containing other ingredients, namely, nuts, fruits, and seeds; healthy snacks, namely, food bars comprised of whole grains, namely, oats, brown rice, millet amatanth, buckwheat and quinoa and also containing other ingredients

KIND and Design

3,882,221 November 30, 2010

(Int'l Class: 29) healthy snacks, namely, nut and seed based snack bars; processed fruit-and nut-based food bars, nut based snack food bars, fruit based snack food bars also containing nuts, grains, cereals and dried fruit

KIND 3,971,639 May 31, 2011

(Int'l Class: 29) nutrition bars, namely, processed fruit-andnut-based food bars, nut based snack food bars

KIND 5,013,102 August 2, 2016

(Int'l Class: 32) non-alcoholic beverages, namely, fruit juices, fruit and vegetable juices, flavored water

5. Opposer’s U.S. Registration No. 3,882,221, U.S. Registration No. 3,971,639,

and U.S. Registration No. 4,161,495 have attained incontestable status.

6. Registration certificates and the Trademark Status & Document Retrieval (TSDR)

documents printed from the USPTO website for the KIND Marks identified above are attached

as Exhibit A.

7. Opposer has expended considerable time and expense on the creation,

development, advertising and promotion, and enforcement of the KIND Marks. Through

Opposer’s widespread promotion and use, the KIND Marks have become strong and well-known.

As a result, the public has come to know, identify, and recognize a vast array of KIND products

as originating with or authorized by Opposer.

5

8. The KIND Marks and the associated goodwill are assets of immense value to

Opposer.

9. Opposer’s KIND Marks are inherently and commercially distinctive.

10. Upon information and belief, Applicant is an individual, with an address of 2310

Southbay Circle, Rowlett, Texas 75088.

11. On March 13, 2019, notwithstanding Opposer’s prior rights in and to the KIND

Marks, Applicant filed an application to register the LA LA LAND KIND CAFE mark for

“Coffee; tea; prepared coffee and coffee-based beverages; Packaged coffee and tea products,

namely, coffee beans, tea bags, and loose tea; prepared espresso and espresso-based beverages;

beverages made of tea; fruit flavored tea; matcha tea; green tea; black tea; iced tea; baked goods,

namely, muffins, scones, cookies, pastries, and breads; sandwiches; packaged baked goods,

namely, muffins, pastries, and cookies” in International Class 30, as subsequently amended, and

“Restaurant and café services, including sit-down and take-out service of food and drink” in

International Class 43. Applicant filed the LA LA LAND KIND CAFE Application based on an

in-use basis.

12. The LA LA LAND KIND CAFE Application was published in the USPTO’s

Official Gazette (Trademarks) on December 17, 2019. This opposition is timely pursuant to the

U.S. Trademark Trial & Appeal Board’s February 15, 2020 order.

13. Applicant’s filing date, March 13, 2019, is more than fourteen years after

Opposer’s first use of the KIND mark.

14. Applicant’s LA LA LAND KIND CAFE mark is confusingly similar to Opposer’s

KIND Marks.

15. As shown in the specimens Applicant submitted to the Trademark Office in

connection with the Application, the “KIND CAFE” portion of the LA LA LAND KIND CAFE

6

is displayed using a different stylization, placement, font and size than is used for “LA LA LAND”,

drawing attention to the use of “KIND” in the Application and furthering contributing to the

likelihood of consumer confusion.

16. Applicant’s applied-for mark LA LA LAND KIND CAFE suggests an affiliation

or connection between Applicant and Opposer where none exists.

17. Applicant’s applied-for mark LA LA LAND KIND CAFE resembles Opposer’s

KIND Marks as to be likely to cause confusion or to cause mistake or to deceive.

18. Upon information and belief, Applicant’s goods and services used in connection

with Applicant’s LA LA LAND KIND CAFE mark will be promoted and sold or offered for sale

to the same classes of consumers as those of Opposer. It is likely that Applicant’s targeted

consumer base will significantly overlap with Opposer’s targeted consumer base.

19. Applicant’s use of the LA LA LAND KIND CAFE mark is likely to falsely suggest

a relationship between Applicant’s goods and services and Opposer’s goods and services. Such

use of the applied-for mark LA LA LAND KIND CAFE is likely to cause confusion, mistake, or

deception with respect to the source or sponsorship of Applicant’s goods and services in violation

of 15 U.S.C. §§ 1052(d) and 1125(a). Applicant’s use of LA LA LAND KIND CAFE is therefore

likely to result in Applicant’s trading off and benefiting from the goodwill associated with

Opposer.

20. Consumers familiar with the KIND Marks are likely to mistakenly believe that

Applicant’s goods and services are sponsored, authorized, associated with or otherwise approved

by Opposer because the applied-for mark LA LA LAND KIND CAFE is so similar to Opposer’s

KIND Marks. Inferior quality, deficiencies or other faults in Applicant’s goods and services are

likely to reflect negatively upon, tarnish, and seriously injure the reputation which Opposer has

established for the goods and services marketed under the KIND Marks. This is likely to result in

7

loss of revenues to Opposer and damage Opposer’s reputation.

21. For the foregoing reasons, the registration sought by Applicant for the Opposed

Goods is contrary to the provisions of Section 2 of the Lanham Act, 15 U.S.C. § 1052, and Opposer

would be damaged thereby.

22. In order to protect the public against confusion and deceit, and to protect Opposer’s

well-known KIND Marks from infringement and unfair competition, registration of Applicant’s

LA LA LAND KIND CAFE Application should be refused under Section 2(d) of the Lanham Act,

15 U.S.C. §§ 1052(d) and 1063.

WHEREFORE, Opposer respectfully requests that said Application Serial No.

88/338,101 be rejected, that no registration be issued thereon to Applicant, that this Opposition be

sustained in favor of Opposer and that the Trademark Trial and Appeal Board grant such other and

further relief as it deems just and appropriate.

The requisite filing fee prescribed by 37 C.F.R. § 2.6(a)(17) should be charged to Deposit

Account No. 502876. If there are any additional fees due in connection with this Notice of

Opposition, they should also be charged to Deposit Account No. 502876, and any excess fees

should be credited to the same.

All correspondence relating to this matter should be directed to the undersigned attorney

for Opposer.

8

Dated: April 15, 2020

Respectfully Submitted,

/Robert H. Newman/

Robert H. Newman Loeb & Loeb LLP 321 N. Clark Street, Suite 2300 Chicago, IL 60654 T: 312.464.3100 F: 312.464.3111 [email protected] Attorney for Opposer KIND Management Inc.

EXHIBIT A

Reg. No. 5,456,202

Registered May 01, 2018

Int. Cl.: 30

Trademark

Principal Register

Kind Management Inc. (DELAWARE CORPORATION)

P.o. Box 705 Midtown Station

New York, NEW YORK 10018

CLASS 30: Coffee-based snack foods

FIRST USE 1-20-2014; IN COMMERCE 4-1-2014

The color(s) white, yellow, red, green and blue is/are claimed as a feature of the mark.

The mark consists of the word "KIND" in white with a four color rectangular panel above the

text consisting of four colored vertical rectangles in yellow, red, green and blue. A thin white

line appears between the word "KIND" and the four color rectangular panel. The bottom part

of the thin white line connects with the top portion of the word "KIND". The black outlining

of the letters and of the thin white line is not being claimed as a feature of the mark and it

represents only outlining. The white color in between and behind the letters is background

and is not being claimed as a feature of the mark.

SER. NO. 87-110,465, FILED 07-20-2016

Reg. No. 5,443,908

Registered Apr. 10, 2018

Int. Cl.: 30

Trademark

Principal Register

KIND Management Inc. (DELAWARE CORPORATION)

1372 Broadway


CLASS 30: Whole grain based snack foods, namely, whole grain-based food bars, whole

grain- based clusters; popcorn; whole grain-based salty snack foods








represents only outlining. The white color in between and behind the letters is background.

SER. NO. 86-983,685, FILED 07-01-2015

Reg. No. 5,379,863

Registered Jan. 16, 2018

Int. Cl.: 29, 30

Trademark

Principal Register


1372 Broadway


CLASS 29: Fruit based snack foods; fruit based food bars; Fruit and vegetable based snack

foods; Fruit and vegetable based food bars; Nut based food bars; nut and seed based food

bars; nut based snack foods; fruit and nut food bars; fruit based snack bars also containing

nuts, grains, cereal and dried fruit; healthy snacks, namely, food bars comprised primarily of

nuts, fruits and nuts and also containing other ingredients; snack mixes consisting primarily

of processed fruits and nuts


CLASS 30: Cereal based snack food; Cereal based food bars; cereal and nut bars; Grain based

food bars also containing nuts; granola based food bars; grain based food bars also containing

dried fruit, seeds, quinoa and other ingredients; cereal based snack food clusters; granola

based snack bars; popcorn snack mixes consisting primarily of popcorn and also containing

other ingredients; popped sorghum based food bars also containing other ingredients; granola

based mixes; granola based food bars; rice based snack food; healthy snacks, namely, food

bars comprised of whole grains, namely, oats, brown rice millet, amaranth, buckwheat,

quinoa and also containing other ingredients








represents only outlining. The white color in between and behind the letters is background.

SER. NO. 87-498,959, FILED 06-21-2017

Reg. No. 5,272,213

Registered Aug. 22, 2017

Int. Cl.: 30

Trademark

Principal Register


1372 Broadway

New York, NY 10018

CLASS 30: Whole grain based snack foods, namely, whole grain-based food bars, whole

grain-based clusters; ready to eat cereal; popcorn; cereal based energy bars; quinoa-based

food bars; high protein cereal bars; cereal-based snack food clusters consisting primarily of

whole grains and also containing other ingredients, namely, nuts, fruits, and seeds; healthy

snacks, namely, food bars comprised of whole grains, namely, oats, brown rice, millet

amatanth, buckwheat and quinoa and also containing other ingredients


THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR

SER. NO. 86-982,693, FILED 05-13-2015

KAMAL PREET, EXAMINING ATTORNEY

Reg. No. 3,882,221

Registered Nov. 30, 2010

Corrected Aug. 22, 2017

Int. Cl.: 29

Trademark

Principal Register

KIND MANAGEMENT INC. (DELAWARE CORPORATION)

1372 BROADWAY, 3RD FLOOR

NEW YORK, NY 10018

CLASS 29: Healthy snacks, namely, nut and seed based snack bars; processed fruit-and nut-

based food bars, nut based snack food bars, fruit based snack food bars also containing nuts,

grains, cereals and dried fruit


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

The mark consists of the word "KIND" in white on a horizontal black bar beneath a four-

color panel consisting of the colors yellow, red, green and blue. Underneath the black bar are

two more black bars separated by white lines. To the left of the word "KIND" and the four-

color panel is a narrow vertical stripe in red. A black stripe runs horizontally across the

middle of the mark and extends towards the right side to become the middle black bar beneath

the word "KIND". The horizontal stripe is delineated by white lines. At the left edge of the

long horizontal stripe is a narrow vertical stripe in broken lines to show placement. The large

white areas above and below the long horizontal stripe represent transparent areas and are not

part of the mark, and the white areas to the left of the narrow vertical stripe and to the right of

the four-color panel represent transparent areas or background and are not part of the mark.

The matter shown by the broken lines depicting the outside of the mark and the narrow

vertical stripe is not a part of the mark and serves only to indicate the position of the mark on

the goods.

OWNER OF U.S. REG. NO. 2984772

SER. NO. 77-827,342, FILED 09-16-2009

Reg. No. 3,971,639

Registered May 31, 2011

Corrected Sep. 26, 2017

Int. Cl.: 29

Trademark

Principal Register

KIND MANAGEMENT INC. (DELAWARE CORPORATION)

1372 Broadway, 3rd Floor


CLASS 29: Nutrition bars, namely, processed fruit-and-nut-based food bars, nut based snack

food bars




OWNER OF U.S. REG. NO. 2984772

SER. NO. 77-981,723, FILED 11-20-2007

Reg. No. 5,013,102

Registered Aug. 02, 2016

Int. Cl.: 32

Trademark

Principal Register

Kind LLC (DELAWARE LIMITED LIABILITY COMPANY)

P.O. Box 705 Midtown Station

New York, NY 10018

CLASS 32: Non-alcoholic beverages, namely, fruit juices, fruit and vegetable juices,

flavored water




SER. NO. 85-579,711, FILED 03-26-2012

MARTHA L SANTOMARTINO, EXAMINING ATTORNEY

Mark Information

Mark LiteralElements:

KIND

Standard CharacterClaim:

Yes. The mark consists of standard characters without claim to any particular font style, size, or color.

Mark DrawingType:

4 - STANDARD CHARACTER MARK

Related Properties Information

InternationalRegistration

Number:

0988693

InternationalApplication(s)

/Registration(s)Based on this

Property:

A0014452/0988693

Claimed Ownershipof US

Registrations:

2984772

Parent Of: 77981723

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; andAsterisks *..* identify additional (new) wording in the goods/services.

For: Clothing and apparel, namely, T-shirts, sweatshirts, caps, vests, jackets

InternationalClass(es):

025 - Primary Class U.S Class(es): 022, 039

Class Status: ACTIVE

Basis: 1(a)

First Use: May 31, 2011 Use in Commerce: Sep. 26, 2011

Generated on: This page was generated by TSDR on 2020-03-30 12:56:18 EDT

Mark: KIND

US Serial Number: 77333800 Application FilingDate:

Nov. 20, 2007

US RegistrationNumber:

4161495 Registration Date: Jun. 19, 2012

Register: Principal

Mark Type: Trademark

TM5 Common StatusDescriptor:

LIVE/REGISTRATION/Issued and Active

The trademark application has been registered with the Office.

Status: A Sections 8 and 15 combined declaration has been accepted and acknowledged.

Status Date: Jun. 27, 2018

Publication Date: Dec. 30, 2008 Notice ofAllowance Date:

Mar. 24, 2009

For: Sweet snacks, namely, fruit based snack food, dried fruit mixes; snack mixes consisting primarily of processed fruits and processednuts; nutrition bars, namely, nut and seed based snack bars; fruit based snack food bars also containing grains, cereals, dried fruit, fruitjuice; nut based snack food


029 - Primary Class U.S Class(es): 046


Basis: 1(a)

First Use: Jun. 14, 2004 Use in Commerce: Jun. 14, 2004

For: Snacks, namely, cereal based snack food; cereal based snack food bars, granola based snack food bars, grain based snack food;Snack foods, namely, granola based mixes, rice based snack food, whole grain based snack food




Basis: 1(a)


Basis Information (Case Level)

Filed Use: No Currently Use: Yes

Filed ITU: Yes Currently ITU: No

Filed 44D: No Currently 44E: No

Filed 44E: No Currently 66A: No

Filed 66A: No Currently No Basis: No

Filed No Basis: No

Current Owner(s) Information

Owner Name: KIND MANAGEMENT INC.

Owner Address: 1372 BROADWAY, 3RD FLOORNEW YORK, NEW YORK UNITED STATES 10018

Legal Entity Type: CORPORATION State or CountryWhere Organized:

DELAWARE

Attorney/Correspondence Information

Attorney of Record

Attorney Name: Robert H. Newman

Attorney PrimaryEmail Address:

[email protected] Attorney EmailAuthorized:

Yes

Correspondent

CorrespondentName/Address:

Robert H. NewmanLoeb & Loeb LLP321 N. Clark Street, Suite 2300Chicago, ILLINOIS UNITED STATES 60654

Phone: 312-464-3100 Fax: 312-464-3111

Correspondent e-mail:

[email protected] [email protected] [email protected] [email protected]

Correspondent e-mail Authorized:

Yes

Domestic Representative - Not Found

Prosecution History

Date DescriptionProceedingNumber

Feb. 19, 2019 TEAS CHANGE OF CORRESPONDENCE RECEIVED

Jun. 27, 2018 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED

Jun. 27, 2018 OTQR WITHDRAWAL FROM PUBLICATION 70853

Jun. 27, 2018 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 30006

Jun. 22, 2018 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 30006

Jun. 12, 2018 TEAS SECTION 8 & 15 RECEIVED

Jun. 01, 2018 CERTIFICATE OF CORRECTION ISSUED 76533

May 04, 2018 TEAS CHANGE OF CORRESPONDENCE RECEIVED

Apr. 06, 2018 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED

Apr. 06, 2018 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED

Aug. 23, 2017 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP

Jul. 17, 2017 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 76533

Jun. 19, 2017 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED

May 31, 2017 TEAS SECTION 7 REQUEST RECEIVED


May 20, 2015 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP

Nov. 24, 2014 NOTICE OF SUIT

Jan. 15, 2014 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY

Jun. 19, 2012 REGISTERED-PRINCIPAL REGISTER

May 16, 2012 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED

May 15, 2012 LAW OFFICE REGISTRATION REVIEW COMPLETED 67287

May 09, 2012 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED

Apr. 10, 2012 STATEMENT OF USE PROCESSING COMPLETE 76985

Mar. 23, 2012 USE AMENDMENT FILED 76985

Mar. 23, 2012 TEAS STATEMENT OF USE RECEIVED

Nov. 22, 2011 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 88888

Nov. 22, 2011 TEAS CHANGE OF OWNER ADDRESS RECEIVED

Sep. 30, 2011 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Sep. 29, 2011 EXTENSION 5 GRANTED 76985

Sep. 24, 2011 EXTENSION 5 FILED 76985

Sep. 26, 2011 TEAS EXTENSION RECEIVED

Sep. 16, 2011 TEAS CHANGE OF CORRESPONDENCE RECEIVED

Aug. 19, 2011 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 76985

Aug. 17, 2011 TEAS POST PUBLICATION AMENDMENT RECEIVED

Mar. 29, 2011 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Mar. 28, 2011 EXTENSION 4 GRANTED 76985

Mar. 24, 2011 EXTENSION 4 FILED 76985

Mar. 28, 2011 DIVISIONAL PROCESSING COMPLETE

Mar. 24, 2011 DIVISIONAL REQUEST RECEIVED

Mar. 24, 2011 TEAS REQUEST TO DIVIDE RECEIVED

Mar. 24, 2011 TEAS EXTENSION RECEIVED

Mar. 09, 2011 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED

Mar. 09, 2011 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED




Sep. 29, 2010 CASE ASSIGNED TO INTENT TO USE PARALEGAL 76985





Jan. 13, 2010 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP

Dec. 16, 2009 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED

Dec. 16, 2009 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED




Mar. 24, 2009 NOA MAILED - SOU REQUIRED FROM APPLICANT

Dec. 30, 2008 PUBLISHED FOR OPPOSITION

Dec. 24, 2008 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY

Dec. 10, 2008 NOTICE OF PUBLICATION

Nov. 21, 2008 WITHDRAWN FROM PUB - OG REVIEW QUERY 61844

Nov. 12, 2008 LAW OFFICE PUBLICATION REVIEW COMPLETED 67287

Nov. 11, 2008 APPROVED FOR PUB - PRINCIPAL REGISTER

Nov. 11, 2008 EXAMINER'S AMENDMENT ENTERED 88888

Nov. 11, 2008 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Nov. 11, 2008 EXAMINERS AMENDMENT E-MAILED 6328

Nov. 11, 2008 EXAMINERS AMENDMENT -WRITTEN 73731

Nov. 11, 2008 PREVIOUS ALLOWANCE COUNT WITHDRAWN


Oct. 22, 2008 LAW OFFICE PUBLICATION REVIEW COMPLETED 67287

Oct. 21, 2008 APPROVED FOR PUB - PRINCIPAL REGISTER

Oct. 21, 2008 EXAMINER'S AMENDMENT ENTERED 88888

Oct. 21, 2008 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Oct. 21, 2008 EXAMINERS AMENDMENT E-MAILED 6328

Oct. 21, 2008 EXAMINERS AMENDMENT -WRITTEN 73731

Oct. 20, 2008 PREVIOUS ALLOWANCE COUNT WITHDRAWN

Oct. 10, 2008 WITHDRAWN FROM PUB - OG REVIEW QUERY 61844

Sep. 27, 2008 LAW OFFICE PUBLICATION REVIEW COMPLETED 67287

Sep. 24, 2008 APPROVED FOR PUB - PRINCIPAL REGISTER

Sep. 24, 2008 EXAMINER'S AMENDMENT ENTERED 88888

Sep. 24, 2008 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Sep. 24, 2008 EXAMINERS AMENDMENT E-MAILED 6328

Sep. 24, 2008 EXAMINERS AMENDMENT -WRITTEN 73731

Sep. 24, 2008 PREVIOUS ALLOWANCE COUNT WITHDRAWN

Sep. 19, 2008 WITHDRAWN FROM PUB - OG REVIEW QUERY 61844



Sep. 03, 2008 TEAS/EMAIL CORRESPONDENCE ENTERED 67287

Sep. 03, 2008 CORRESPONDENCE RECEIVED IN LAW OFFICE 67287

Sep. 03, 2008 ASSIGNED TO LIE 67287

Aug. 25, 2008 TEAS REQUEST FOR RECONSIDERATION RECEIVED

Aug. 21, 2008 TEAS CHANGE OF CORRESPONDENCE RECEIVED

Jul. 24, 2008 FINAL REFUSAL MAILED

Jul. 24, 2008 FINAL REFUSAL WRITTEN 73731

Jul. 01, 2008 ASSIGNED TO EXAMINER 73731

Jun. 23, 2008 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Jun. 23, 2008 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Jun. 23, 2008 TEAS RESPONSE TO OFFICE ACTION RECEIVED

Feb. 19, 2008 NON-FINAL ACTION MAILED

Feb. 15, 2008 NON-FINAL ACTION WRITTEN 83257

Feb. 07, 2008 ASSIGNED TO EXAMINER 83257

Nov. 26, 2007 NEW APPLICATION ENTERED IN TRAM

TM Staff and Location Information

TM Staff Information - None

File Location

Current Location: TMEG LAW OFFICE 102 Date in Location: Jun. 27, 2018

Assignment Abstract Of Title Information

Summary

Total Assignments: 9 Registrant: KIND LLC

Assignment 1 of 9

Conveyance: CHANGE OF NAME

Reel/Frame: 3905/0720 Pages: 3

Date Recorded: Dec. 17, 2008

SupportingDocuments:

assignment-tm-3905-0720.pdf

Assignor

Name: PEACEWORKS Execution Date: Jan. 01, 2007

Legal Entity Type: INC. ASSOCIATION State or CountryWhere Organized:

DELAWARE



DELAWARE

Assignee

Name: PEACEWORKS HOLDINGS

Legal Entity Type: LIMITED LIABILITY COMPANY State or CountryWhere Organized:

DELAWARE

Address: PO BOX 1393OLD CHELSEA STATIONNEW YORK, NEW YORK 10113

Correspondent

CorrespondentName:

PEACEWORKS HOLDINGS, LLC

CorrespondentAddress:

PO BOX 1393OLD CHELSEA STATIONNEW YORK, NY 10113


Assignment 2 of 9



Date Recorded: Jan. 11, 2010



Assignor

Name: PEACEWORKS HOLDINGS, LLC Execution Date: Jun. 03, 2009


DELAWARE

Assignee

Name: KIND,LLC


DELAWARE

Address: P.O. BOX 1393OLD CHELSEA STATION, NEW YORK 10113

Correspondent

CorrespondentName:

RODRIGO ZULOAGA, LAURA E. SMITH, ESQ.


C/O KIND LLC P.O. BOX 1393OLD CHELSEA STATIONNEW YORK, NY 10113


Assignment 3 of 9

Conveyance: SECURITY INTEREST


Date Recorded: Oct. 15, 2012



Assignor

Name: KIND LLC Execution Date: Oct. 15, 2012


DELAWARE

Assignee

Name: BANK OF MONTREAL, AS AGENT

Legal Entity Type: CHARTERED BANK State or CountryWhere Organized:

CANADA

Address: 115 SOUTH LASALLE STREETCHICAGO, ILLINOIS 60603

Correspondent

CorrespondentName:

RICHARD KALWA


111 WEST MONROE STREETCHAPMAN AND CUTLER LLPCHICAGO, IL 60603


Assignment 4 of 9

Conveyance: RELEASE BY SECURED PARTY





Assignor

Name: BANK OF MONTREAL Execution Date: Dec. 19, 2013


CANADA

Assignee

Name: KIND LLC


DELAWARE

Address: 8 WEST 38TH STREET, 6TH FLOORNEW YORK, NEW YORK 10018

Correspondent

CorrespondentName:

RICHARD KALWA




Assignment 5 of 9

Conveyance: TRADEMARK SECURITY AGREEMENT





Assignor

Name: KIND LLC Execution Date: Dec. 19, 2013


DELAWARE

Assignee

Name: BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT

Legal Entity Type: NATIONAL BANKING ASSOCIATION State or CountryWhere Organized:

UNITED STATES

Address: 135 S. LASALLE STREET

IL4-135-09-61CHICAGO, ILLINOIS 60603

Correspondent

CorrespondentName:

TERRY L. WITCHER, PARALEGAL


MCGUIREWOODS LLPP.O. BOX 31247CHARLOTTE, NC 28202


Assignment 6 of 9

Conveyance: NUNC PRO TUNC ASSIGNMENT EFFECTIVE 12/31/2014


Date Recorded: May 06, 2015



Assignor



DELAWARE

Assignee

Name: KIND INC.


DELAWARE

Address: 1372 BROADWAY, 3RD FLOORNEW YORK, NEW YORK 10018

Correspondent

CorrespondentName:

MARGARITA WALLACH


MCCARTER & ENGLISH, LLP245 PARK AVENUE, 27TH FLOORNEW YORK, NY 10167


Assignment 7 of 9






Assignor

Name: KIND INC. Execution Date: Jan. 01, 2015


DELAWARE

Assignee

Name: KIND MANAGEMENT INC.


DELAWARE


Correspondent

CorrespondentName:

MARGARITA WALLACH




Assignment 8 of 9



Date Recorded: Sep. 13, 2016



Assignor

Name: BANK OF AMERICA, N.A., AS ADMINISTRATIVEAGENT

Execution Date: Sep. 07, 2016


UNITED STATES

Assignee

Name: KIND LLC


DELAWARE

Address: 1372 BROADWAY, 3RD FL.NEW YORK, NEW YORK 10018

Correspondent

CorrespondentName:

TRACEY D. BENNETT


C/O GOODWIN PROCTER LLP620 8TH AVE.NEW YORK, NY 10018


Assignment 9 of 9






Assignor

Name: KIND MANAGEMENT INC. Execution Date: Sep. 08, 2016


DELAWARE

Assignee

Name: JPMORGAN CHASE BANK, N.A., AS ADMINISTRATIVE AGENT

Legal Entity Type: NATIONAL ASSOCIATION State or CountryWhere Organized:

UNITED STATES

Address: IL1-1145/54/63, P.O. BOX 6026CHICAGO, ILLINOIS 60680-6026

Correspondent

CorrespondentName:

ZEYNEP GIESEKE


330 N. WABASH AVENUE, SUITE 2800LATHAM & WATKINS LLPCHICAGO, IL 60611


Mark Information


KIND


No

Mark DrawingType:

3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)

Description ofMark:

The mark consists of the word "KIND" in white with a four color rectangular panel above the text consisting of four colored verticalrectangles in yellow, red, green and blue. A thin white line appears between the word "KIND" and the four color rectangular panel. Thebottom part of the thin white line connects with the top portion of the word "KIND". The black outlining of the letters and of the thin whiteline is not being claimed as a feature of the mark and it represents only outlining. The white color in between and behind the letters isbackground and is not being claimed as a feature of the mark.

Color Drawing: Yes

Color(s) Claimed: The color(s) white, yellow, red, green and blue is/are claimed as a feature of the mark.

Design SearchCode(s):

26.11.14 - Rectangles (three or more rectangles); Three or more rectangles26.11.21 - Rectangles that are completely or partially shaded

Goods and Services



For: Coffee-based snack foods




Basis: 1(a)

First Use: Jan. 20, 2014 Use in Commerce: Apr. 01, 2014


Filed Use: Yes Currently Use: Yes

Filed ITU: No Currently ITU: No


Mark: KIND


Jul. 20, 2016


5456202 Registration Date: May 01, 2018

Filed as TEAS RF: Yes Currently TEAS RF: Yes

Register: Principal





Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: May 01, 2018

Publication Date: Feb. 13, 2018




Filed No Basis: No


Owner Name: Kind Management Inc.

Owner Address: P.O. Box 705 Midtown StationNew York, NEW YORK UNITED STATES 10018


DELAWARE


Attorney of Record




Yes

Correspondent



Phone: 312-464-3100 Fax: 312-464-3111




Yes


Prosecution History



Jan. 03, 2019 REVIEW OF CORRESPONDENCE COMPLETE - ADDRESS UPDATED 48494

Dec. 28, 2018 PAPER RECEIVED


May 01, 2018 REGISTERED-PRINCIPAL REGISTER



Feb. 13, 2018 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Feb. 13, 2018 PUBLISHED FOR OPPOSITION

Jan. 24, 2018 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

Jan. 11, 2018 APPROVED FOR PUB - PRINCIPAL REGISTER

Dec. 19, 2017 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Dec. 19, 2017 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Dec. 19, 2017 TEAS RESPONSE TO OFFICE ACTION RECEIVED

Nov. 29, 2017 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Nov. 29, 2017 NON-FINAL ACTION E-MAILED 6325

Nov. 29, 2017 NON-FINAL ACTION WRITTEN 78477

Nov. 14, 2017 LIE CHECKED SUSP - TO ATTY FOR ACTION 68171

May 11, 2017 REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED 68171

May 11, 2017 ASSIGNED TO LIE 68171

Nov. 03, 2016 NOTIFICATION OF LETTER OF SUSPENSION E-MAILED 6332

Nov. 03, 2016 LETTER OF SUSPENSION E-MAILED 6332

Nov. 03, 2016 SUSPENSION LETTER WRITTEN 78477

Oct. 31, 2016 ASSIGNED TO EXAMINER 78477

Jul. 27, 2016 NOTICE OF DESIGN SEARCH CODE E-MAILED

Jul. 26, 2016 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Jul. 23, 2016 NEW APPLICATION ENTERED IN TRAM



File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: May 01, 2018


Summary

Total Assignments: 1 Registrant: Kind Management Inc.

Assignment 1 of 1






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

ZEYNEP GIESEKE




Mark Information


KIND


No

Mark DrawingType:


Description ofMark:

The mark consists of the word "KIND" in white with a four color rectangular panel above the text consisting of four colored verticalrectangles in yellow, red, green and blue. A thin white line appears between the word "KIND" and the four color rectangular panel. Thebottom part of the thin white line connects with the top portion of the word "KIND". The black outlining of the letters and of the thin whiteline is not being claimed as a feature of the mark and it represents only outlining. The white color in between and behind the letters isbackground.

Color Drawing: Yes



26.11.14 - Rectangles (three or more rectangles); Three or more rectangles26.11.16 - Rectangles touching or intersecting26.11.21 - Rectangles that are completely or partially shaded


Child Of: 86680034

Goods and Services



For: Whole grain based snack foods, namely, whole grain-based food bars, whole grain- based clusters; popcorn; whole grain-based saltysnack foods




Basis: 1(a)


Mark: KIND


Jul. 01, 2015


5443908 Registration Date: Apr. 10, 2018


Register: Principal






Status Date: Apr. 10, 2018


Feb. 14, 2017








Filed No Basis: No


Owner Name: KIND Management Inc.

Owner Address: 1372 BroadwayNew York, NEW YORK UNITED STATES 10018


DELAWARE


Attorney of Record




Yes

Correspondent



Phone: 312-464-3100 Fax: 312-464-3111




Yes


Prosecution History






Apr. 10, 2018 REGISTERED-PRINCIPAL REGISTER



Mar. 09, 2018 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED

Mar. 08, 2018 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED

Mar. 02, 2018 NOTICE OF DESIGN SEARCH CODE E-MAILED

Mar. 02, 2018 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Mar. 01, 2018 STATEMENT OF USE PROCESSING COMPLETE 71906

Feb. 14, 2018 USE AMENDMENT FILED 71906


Feb. 14, 2018 DIVISIONAL REQUEST RECEIVED


Feb. 14, 2018 EXTENSION 2 FILED 71906

Feb. 20, 2018 CASE ASSIGNED TO INTENT TO USE PARALEGAL 71906

Feb. 14, 2018 TEAS REQUEST TO DIVIDE RECEIVED

Feb. 14, 2018 TEAS EXTENSION RECEIVED

Feb. 14, 2018 TEAS STATEMENT OF USE RECEIVED



Aug. 16, 2017 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Aug. 14, 2017 EXTENSION 1 GRANTED 98765

Aug. 14, 2017 EXTENSION 1 FILED 98765

Aug. 14, 2017 TEAS EXTENSION RECEIVED

Feb. 14, 2017 NOA E-MAILED - SOU REQUIRED FROM APPLICANT

Dec. 20, 2016 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED


Nov. 30, 2016 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED






May 12, 2016 NOTIFICATION OF FINAL REFUSAL EMAILED

May 12, 2016 FINAL REFUSAL E-MAILED

May 12, 2016 FINAL REFUSAL WRITTEN 67516

Apr. 09, 2016 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Apr. 08, 2016 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Apr. 08, 2016 TEAS RESPONSE TO OFFICE ACTION RECEIVED

Oct. 08, 2015 NOTIFICATION OF EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED 6326

Oct. 08, 2015 EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED 6326

Oct. 08, 2015 COMBINED EXAMINER'S AMENDMENT/PRIORITY ACTION AUTOMATIC ENTRY 67516

Oct. 08, 2015 EXAMINERS AMENDMENT AND/OR PRIORITY ACTION - COMPLETED 67516

Oct. 07, 2015 ASSIGNED TO EXAMINER 67516

Jul. 08, 2015 NOTICE OF DESIGN SEARCH CODE E-MAILED

Jul. 07, 2015 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Jul. 04, 2015 NEW APPLICATION ENTERED IN TRAM



File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Mar. 08, 2018


Summary

Total Assignments: 1 Registrant: KIND Management Inc.

Assignment 1 of 1






Assignor

Name: KIND MANAGEMENT INC. Execution Date: May 16, 2019


DELAWARE

Assignee


Legal Entity Type: NATIONAL ASSOCIATION State or Country UNITED STATES

Where Organized:

Address: IL1-1145/54/63P.O. BOX 6026CHICAGO, ILLINOIS 60680-6026

Correspondent

CorrespondentName:

LINDA R. KASTNER, C/O LATHAM & WATKINS


330 N. WABASH AVENUESUITE 2800CHICAGO, IL 60611


Mark Information


KIND


No

Mark DrawingType:


Description ofMark:

The mark consists of the word "KIND" in white with a four color rectangular panel above the text consisting of four colored verticalrectangles in yellow, red, green and blue. A thin white line appears between the word "KIND" and the four color rectangular panel. Thebottom part of the thin white line connects with the top portion of the word "KIND". The black outlining of the letters and of the thin whiteline is not being claimed as a feature of the mark and it represents only outlining. The white color in between and behind the letters isbackground.

Color Drawing: Yes



26.11.14 - Rectangles (three or more rectangles); Three or more rectangles26.11.21 - Rectangles that are completely or partially shaded

Goods and Services



For: Fruit based snack foods; fruit based food bars; Fruit and vegetable based snack foods; Fruit and vegetable based food bars; Nut basedfood bars; nut and seed based food bars; nut based snack foods; fruit and nut food bars; fruit based snack bars also containing nuts,grains, cereal and dried fruit; healthy snacks, namely, food bars comprised primarily of nuts, fruits and nuts and also containing otheringredients; snack mixes consisting primarily of processed fruits and nuts




Basis: 1(a)


For: Cereal based snack food; Cereal based food bars; cereal and nut bars; Grain based food bars also containing nuts; granola basedfood bars; grain based food bars also containing dried fruit, seeds, quinoa and other ingredients; cereal based snack food clusters;granola based snack bars; popcorn snack mixes consisting primarily of popcorn and also containing other ingredients; popped


Mark: KIND


Jun. 21, 2017


5379863 Registration Date: Jan. 16, 2018


Register: Principal






Status Date: Jan. 16, 2018

Publication Date: Oct. 31, 2017

sorghum based food bars also containing other ingredients; granola based mixes; granola based food bars; rice based snack food;healthy snacks, namely, food bars comprised of whole grains, namely, oats, brown rice millet, amaranth, buckwheat, quinoa and alsocontaining other ingredients




Basis: 1(a)








Filed No Basis: No





DELAWARE


Attorney of Record




No

Correspondent



Phone: 312-464-3100 Fax: 312-464-3111




Yes


Prosecution History








Jan. 16, 2018 REGISTERED-PRINCIPAL REGISTER

Oct. 31, 2017 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Oct. 31, 2017 PUBLISHED FOR OPPOSITION

Oct. 11, 2017 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED


Sep. 20, 2017 ASSIGNED TO EXAMINER 76635

Jun. 29, 2017 NOTICE OF DESIGN SEARCH CODE E-MAILED

Jun. 28, 2017 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Jun. 24, 2017 NEW APPLICATION ENTERED IN TRAM



File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jan. 16, 2018


Summary


Assignment 1 of 1






Assignor



DELAWARE

Assignee



UNITED STATES

Address: IL1-1145/54/63P.O. BOX 6026CHICAGO, ILLINOIS 60680-6026

Correspondent

CorrespondentName:





Mark Information


KIND



Mark DrawingType:


Goods and Services



For: Ready to eat, cereal derived food bars containing nuts




Basis: 1(a)








Filed No Basis: No



Owner Address: 1372 BROADWAY, 3RD FLOOR


Mark: KIND


Jun. 14, 2004


2984772 Registration Date: Aug. 16, 2005

Register: Principal






Status Date: Aug. 16, 2017

Publication Date: May 24, 2005

NEW YORK, NEW YORK UNITED STATES 10018


DELAWARE


Attorney of Record


Correspondent



Phone: 312-464-3100 Fax: 312-464-3111




Yes


Prosecution History


Feb. 28, 2019 REVIEW OF CORRESPONDENCE COMPLETE - ADDRESS NOT UPDATED 64591







Aug. 01, 2017 OTQR WITHDRAWAL FROM PUBLICATION 70853

Jul. 20, 2017 CERTIFICATE OF CORRECTION ISSUED 64591



Sep. 16, 2015 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED

Sep. 16, 2015 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 68335

Sep. 16, 2015 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 68335

Sep. 16, 2015 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 68335

Aug. 14, 2015 TEAS SECTION 8 & 9 RECEIVED



Jan. 10, 2015 REVIEW OF CORRESPONDENCE COMPLETE - INFORMATION MADE OF RECORD 67657


Jul. 14, 2014 PAPER RECEIVED




Sep. 10, 2011 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED

Sep. 10, 2011 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 70132

Sep. 09, 2011 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 70132

Aug. 02, 2011 TEAS SECTION 8 & 15 RECEIVED

Jul. 19, 2011 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED

Jul. 19, 2011 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED




Dec. 24, 2008 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP


Aug. 16, 2005 REGISTERED-PRINCIPAL REGISTER

May 24, 2005 PUBLISHED FOR OPPOSITION

May 04, 2005 NOTICE OF PUBLICATION

Apr. 01, 2005 TEAS CHANGE OF CORRESPONDENCE RECEIVED

Jan. 31, 2005 LAW OFFICE PUBLICATION REVIEW COMPLETED 77075

Jan. 24, 2005 ASSIGNED TO LIE 77075

Jan. 18, 2005 APPROVED FOR PUB - PRINCIPAL REGISTER

Jan. 18, 2005 EXAMINER'S AMENDMENT MAILED

Jan. 14, 2005 EXAMINERS AMENDMENT -WRITTEN 76419

Jan. 14, 2005 ASSIGNED TO EXAMINER 76419

Jun. 24, 2004 NEW APPLICATION ENTERED IN TRAM



File Location

Current Location: POST REGISTRATION Date in Location: Aug. 16, 2017


Summary

Total Assignments: 9 Registrant: PeaceWorks

Assignment 1 of 9






Assignor


Legal Entity Type: INC. ASSOCIATION State or CountryWhere Organized:

DELAWARE



DELAWARE

Assignee

Name: PEACEWORKS HOLDINGS


DELAWARE

Address: PO BOX 1393OLD CHELSEA STATIONNEW YORK, NEW YORK 10113

Correspondent

CorrespondentName:

PEACEWORKS HOLDINGS, LLC


PO BOX 1393OLD CHELSEA STATIONNEW YORK, NY 10113


Assignment 2 of 9






Assignor



DELAWARE

Assignee

Name: KIND,LLC


DELAWARE

Address: P.O. BOX 1393OLD CHELSEA STATION, NEW YORK 10113

Correspondent

CorrespondentName:





Assignment 3 of 9






Assignor



DELAWARE

Assignee



CANADA


Correspondent

CorrespondentName:

RICHARD KALWA




Assignment 4 of 9






Assignor



CANADA

Assignee

Name: KIND LLC


DELAWARE


Correspondent

CorrespondentName:

RICHARD KALWA




Assignment 5 of 9






Assignor



DELAWARE

Assignee



UNITED STATES

Address: 135 S. LASALLE STREETIL4-135-09-61CHICAGO, ILLINOIS 60603

Correspondent

CorrespondentName:





Assignment 6 of 9






Assignor



DELAWARE

Assignee

Name: KIND INC.


DELAWARE


Correspondent

CorrespondentName:

MARGARITA WALLACH




Assignment 7 of 9






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:

MARGARITA WALLACH




Assignment 8 of 9






Assignor




UNITED STATES

Assignee

Name: KIND LLC


DELAWARE


Correspondent

CorrespondentName:

TRACEY D. BENNETT




Assignment 9 of 9






Assignor


Legal Entity Type: CORPORATION State or Country DELAWARE

Where Organized:

Assignee



UNITED STATES


Correspondent

CorrespondentName:

ZEYNEP GIESEKE




Mark Information


KIND



Mark DrawingType:



Child Of: 86628167

Goods and Services



For: Whole grain based snack foods, namely, whole grain-based food bars, whole grain-based clusters; ready to eat cereal; popcorn; cerealbased energy bars; quinoa-based food bars; high protein cereal bars; cereal-based snack food clusters consisting primarily of wholegrains and also containing other ingredients, namely, nuts, fruits, and seeds; healthy snacks, namely, food bars comprised of wholegrains, namely, oats, brown rice, millet amatanth, buckwheat and quinoa and also containing other ingredients




Basis: 1(a)







Mark: KIND


May 13, 2015




Register: Principal







Publication Date: Oct. 18, 2016 Notice ofAllowance Date:

Dec. 13, 2016



Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent



Phone: 312-464-3100 Fax: 312-464-3111




Yes


Prosecution History









Jul. 15, 2017 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED

Jul. 14, 2017 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED

Jul. 14, 2017 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Jul. 13, 2017 STATEMENT OF USE PROCESSING COMPLETE 69302

Jun. 13, 2017 USE AMENDMENT FILED 69302

Jul. 13, 2017 EXTENSION 1 GRANTED 69302

Jun. 13, 2017 EXTENSION 1 FILED 69302

Jul. 13, 2017 DIVISIONAL PROCESSING COMPLETE

Jun. 13, 2017 DIVISIONAL REQUEST RECEIVED

Jul. 02, 2017 CASE ASSIGNED TO INTENT TO USE PARALEGAL 69302

Jul. 02, 2017 CASE ASSIGNED TO INTENT TO USE PARALEGAL 66230

Jun. 13, 2017 TEAS REQUEST TO DIVIDE RECEIVED

Jun. 13, 2017 TEAS EXTENSION RECEIVED

Jun. 13, 2017 TEAS STATEMENT OF USE RECEIVED

Dec. 13, 2016 NOA E-MAILED - SOU REQUIRED FROM APPLICANT

Oct. 18, 2016 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Oct. 18, 2016 PUBLISHED FOR OPPOSITION

Sep. 28, 2016 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED


Sep. 06, 2016 EXPARTE APPEAL TERMINATED 628167






Sep. 06, 2016 NOTIFICATION OF PRIORITY ACTION E-MAILED 6326

Sep. 06, 2016 PRIORITY ACTION E-MAILED 6326

Sep. 06, 2016 PRIORITY ACTION WRITTEN 90291

Aug. 16, 2016 TEAS/EMAIL CORRESPONDENCE ENTERED 70138

Aug. 16, 2016 CORRESPONDENCE RECEIVED IN LAW OFFICE 70138

Aug. 05, 2016 ASSIGNED TO LIE 70138

Jul. 29, 2016 TEAS REQUEST FOR RECONSIDERATION RECEIVED

Jul. 29, 2016 EX PARTE APPEAL-INSTITUTED 628167

Jul. 29, 2016 JURISDICTION RESTORED TO EXAMINING ATTORNEY 628167

Jul. 29, 2016 EXPARTE APPEAL RECEIVED AT TTAB

Jan. 29, 2016 NOTIFICATION OF FINAL REFUSAL EMAILED

Jan. 29, 2016 FINAL REFUSAL E-MAILED

Jan. 29, 2016 FINAL REFUSAL WRITTEN 90291

Dec. 29, 2015 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Dec. 28, 2015 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Dec. 28, 2015 TEAS RESPONSE TO OFFICE ACTION RECEIVED


Jun. 24, 2015 NOTIFICATION OF PRIORITY ACTION E-MAILED 6326

Jun. 24, 2015 PRIORITY ACTION E-MAILED 6326

Jun. 24, 2015 PRIORITY ACTION WRITTEN 90291

Jun. 17, 2015 ASSIGNED TO EXAMINER 90291

May 21, 2015 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

May 16, 2015 NEW APPLICATION ENTERED IN TRAM



File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jul. 14, 2017


Summary


Assignment 1 of 1






Assignor



DELAWARE

Assignee



UNITED STATES

Address: IL1-1145/54/63

P.O. BOX 6026CHICAGO, ILLINOIS 60680-6026

Correspondent

CorrespondentName:





Proceedings

Summary

Number ofProceedings:

5

Type of Proceeding: Opposition

ProceedingNumber:

91238454 Filing Date: Dec 18, 2017

Status: Terminated Status Date: Nov 23, 2018

InterlocutoryAttorney:

ELIZABETH WINTER

Defendant

Name: Holly McDonough


SHEHLA SYEDWEST HILL TECHNOLOGY COUNSEL900 CUMMINGS CENTER, SUITE 206 TBEVERLY MA UNITED STATES , 01915


[email protected] , [email protected]

Associated marks

Mark Application StatusSerialNumber

RegistrationNumber

BE KIND. Abandoned - After Inter-Partes Decision 87089115

Plaintiff(s)

Name: KIND Management Inc.


MARGARITA WALLACHMCCARTER & ENGLISH LLPWORLDWIDE PLAZA , 825 EIGHTH AVENUENEW YORK NY UNITED STATES , 10019


[email protected] , [email protected] , [email protected] , [email protected]

Associated marks


RegistrationNumber

KIND Registered 76596770 2984772

KIND Section 8 and 15 - Accepted and Acknowledged 77981723 3971639





KIND FRUIT + NUT Section 8 and 15 - Accepted and Acknowledged 77721453 4097493


STRONG & KIND Registered 86212566 4597283



STRONG AND KIND Registered 86976101 4753437

YOU'VE BEEN KINDED Section 8 and 15 - Accepted and Acknowledged 77903892 3849708

IT'S BOLD TO BE KIND Registered 85956075 4466296

IT'S COOL TO BE KIND Section 8 - Accepted 85956074 4466295

IT'S STRONG TO BE KIND Registered 85956073 4466294

KIND HEALTHY GRAINS Section 8 and 15 - Accepted and Acknowledged 85450043 4240627

KIND HEALTHY GRAINS Registered 86092499 4574891

PRESSED BY KIND Registered 86981286 5143413


STRONG AND KIND Abandoned - No Statement Of Use Filed 86182341

KIND Abandoned - No Statement Of Use Filed 86628161




KIND SU - Registration Review Complete 86680034

KIND Fifth Extension - Granted 86680036



Prosecution History

Entry Number History Text Date Due Date

1 FILED AND FEE Dec 18, 2017

2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Dec 18, 2017 Jan 27, 2018

3 PENDING, INSTITUTED Dec 18, 2017

4 D MOT FOR EXT W/ CONSENT Jan 24, 2018

5 EXTENSION OF TIME GRANTED Jan 24, 2018

6 NOTICE OF DEFAULT Apr 04, 2018

7 BD DECISION: SUSTAINED May 15, 2018

8 TERMINATED May 15, 2018

9 BD DECISION: SUSTAINED May 15, 2018


ProceedingNumber:

91236285 Filing Date: Aug 23, 2017

Status: Terminated Status Date: Jul 27, 2018


JENNIFER KRISP

Defendant

Name: Kind Conscience, Inc.


HANNAH L CANNOMWALKER STEVENS CANNOM YANG LLP500 MOLINO STREET, SUITE 118LOS ANGELES CA UNITED STATES , 90013


[email protected] , [email protected] , [email protected]

Associated marks


RegistrationNumber

KIND CONSCIENCE Abandoned - After Inter-Partes Decision 87017804

Plaintiff(s)



ROBERT H NEWMANLOEB & LOEB LLP321 N CLARK ST STE 2300CHICAGO IL UNITED STATES , 60654



Associated marks


RegistrationNumber








KINDTASTIC Cancelled - Section 8 77816084 4053499

KINDELICIOUS Cancelled - Section 8 77816085 4049775























Prosecution History


1 FILED AND FEE Aug 23, 2017

2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Aug 23, 2017 Oct 02, 2017

3 PENDING, INSTITUTED Aug 23, 2017

4 ANSWER Oct 02, 2017

5 P MOT TO CONSOLIDATE Nov 27, 2017

6 CONSOLIDATED; PARENT IS 91236175 Nov 28, 2017

7 BD DECISION: DISMISSED W/O PREJ Jul 27, 2018

8 TERMINATED Jul 27, 2018


ProceedingNumber:

91236287 Filing Date: Aug 23, 2017



JENNIFER KRISP

Defendant






Associated marks


RegistrationNumber

KIND CALF Abandoned - After Inter-Partes Decision 87017826

Plaintiff(s)






Associated marks


RegistrationNumber
































Prosecution History











ProceedingNumber:

91236288 Filing Date: Aug 23, 2017



JENNIFER KRISP

Defendant






Associated marks


RegistrationNumber

KIND CHEF Abandoned - After Inter-Partes Decision 87017815

Plaintiff(s)






Associated marks


RegistrationNumber
































Prosecution History











ProceedingNumber:

91236175 Filing Date: Aug 16, 2017



JENNIFER KRISP

Defendant






Associated marks


RegistrationNumber

KIND CROPS Abandoned - After Inter-Partes Decision 87017844

Plaintiff(s)



ROBERT H NEWMANLOEB & LOEB LLP321 N CLARK ST SUITE 2300CHICAGO IL UNITED STATES , 60654



Associated marks


RegistrationNumber
































Prosecution History



2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Aug 16, 2017 Sep 25, 2017


4 ANSWER Sep 25, 2017

5 P MOT FOR EXT W/ CONSENT Nov 22, 2017

6 EXTENSION OF TIME GRANTED Nov 27, 2017


8 CONSOLIDATED PARENT; TRIAL DATES RESET Nov 28, 2017

9 P MOT FOR EXT W/ CONSENT Dec 01, 2017

10 EXTENSION OF TIME GRANTED Dec 04, 2017

11 STIP FOR EXT Dec 27, 2017



14 P APPEARANCE / POWER OF ATTORNEY Apr 30, 2018

15 P MOT FOR EXT W/ CONSENT Apr 30, 2018

16 EXTENSION OF TIME GRANTED Apr 30, 2018

17 P CHANGE OF CORRESP ADDRESS May 04, 2018

18 W/DRAW OF APPLICATION Jun 28, 2018



Mark Information


KIND


No

Mark DrawingType:


Description ofMark:

The mark consists of the word "KIND" in white on a horizontal black bar beneath a four-color panel consisting of the colors yellow, red,green and blue. Underneath the black bar are two more black bars separated by white lines. To the left of the word "KIND" and thefour-color panel is a narrow vertical stripe in red. A black stripe runs horizontally across the middle of the mark and extends towards theright side to become the middle black bar beneath the word "KIND". The horizontal stripe is delineated by white lines. At the left edgeof the long horizontal stripe is a narrow vertical stripe in broken lines to show placement. The large white areas above and below thelong horizontal stripe represent transparent areas and are not part of the mark, and the white areas to the left of the narrow verticalstripe and to the right of the four-color panel represent transparent areas or background and are not part of the mark. The mattershown by the broken lines depicting the outside of the mark and the narrow vertical stripe is not a part of the mark and serves only toindicate the position of the mark on the goods.

Color Drawing: Yes

Color(s) Claimed: The color(s) yellow, red, green, blue, black and white is/are claimed as a feature of the mark.


19.07.04 - Cartons, flattened; Packages, flattened; Flattened packages and cartons26.11.02 - Plain single line rectangles; Rectangles (single line)26.17.01 - Bars, straight; Bands, straight; Straight line(s), band(s) or bar(s); Lines, straight26.17.04 - Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s); Bands, vertical26.17.05 - Lines, horizontal; Horizontal line(s), band(s) or bar(s); Bands, horizontal; Bars, horizontal26.17.25 - Other lines, bands or bars



Registrations:

2984772

Goods and Services



For: Healthy snacks, namely, nut and seed based snack bars; processed fruit-and nut-based food bars, nut based snack food bars, fruitbased snack food bars also containing nuts, grains, cereals and dried fruit


Mark: KIND


Sep. 16, 2009


3882221 Registration Date: Nov. 30, 2010

Register: Principal






Status Date: Nov. 29, 2016

Publication Date: Sep. 14, 2010




Basis: 1(a)








Filed No Basis: No





DELAWARE


Attorney of Record


Correspondent


ROBERT H. NEWMANLoeb & Loeb LLP321 N. Clark Street, Suite 2300Chicago, ILLINOIS UNITED STATES 60654

Phone: 312-464-3100 Fax: 312-464-3111




Yes


Prosecution History


Nov. 30, 2019 COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED


Dec. 31, 2018 REVIEW OF CORRESPONDENCE COMPLETE - ADDRESS NOT UPDATED 48494






Jul. 17, 2017 CERTIFICATE OF CORRECTION ISSUED 71378



Nov. 29, 2016 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED

Nov. 29, 2016 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 74704

Nov. 29, 2016 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 74704

Sep. 19, 2016 TEAS SECTION 8 & 15 RECEIVED


Mar. 27, 2015 NOTICE OF SUIT





Nov. 30, 2010 REGISTERED-PRINCIPAL REGISTER

Sep. 14, 2010 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Sep. 14, 2010 PUBLISHED FOR OPPOSITION

Aug. 06, 2010 LAW OFFICE PUBLICATION REVIEW COMPLETED 77976

Aug. 03, 2010 ASSIGNED TO LIE 77976

Jul. 21, 2010 APPROVED FOR PUB - PRINCIPAL REGISTER

May 28, 2010 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

May 28, 2010 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

May 28, 2010 TEAS RESPONSE TO OFFICE ACTION RECEIVED

May 14, 2010 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

May 14, 2010 NON-FINAL ACTION E-MAILED 6325

May 14, 2010 NON-FINAL ACTION WRITTEN 82436

Apr. 03, 2010 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Apr. 02, 2010 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Apr. 02, 2010 TEAS RESPONSE TO OFFICE ACTION RECEIVED




Dec. 15, 2009 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Dec. 15, 2009 NON-FINAL ACTION E-MAILED 6325

Dec. 15, 2009 NON-FINAL ACTION WRITTEN 82436

Dec. 15, 2009 ASSIGNED TO EXAMINER 82436

Sep. 23, 2009 NOTICE OF DESIGN SEARCH CODE MAILED

Sep. 22, 2009 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Sep. 19, 2009 NEW APPLICATION ENTERED IN TRAM



File Location

Current Location: TMO LAW OFFICE 117 Date in Location: Jul. 17, 2017


Summary

Total Assignments: 8 Registrant: KIND,LLC

Assignment 1 of 8






Assignor



DELAWARE

Assignee

Name: KIND,LLC


DELAWARE

Address: P.O. BOX 1393

OLD CHELSEA STATION, NEW YORK 10113

Correspondent

CorrespondentName:





Assignment 2 of 8






Assignor



DELAWARE

Assignee



CANADA


Correspondent

CorrespondentName:

RICHARD KALWA




Assignment 3 of 8






Assignor



CANADA

Assignee

Name: KIND LLC


DELAWARE


Correspondent

CorrespondentName:

RICHARD KALWA




Assignment 4 of 8






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 5 of 8






Assignor



DELAWARE

Assignee

Name: KIND INC.


DELAWARE


Correspondent

CorrespondentName:

MARGARITA WALLACH




Assignment 6 of 8






Assignor


Legal Entity Type: CORPORATION State or Country DELAWARE

Where Organized:

Assignee



DELAWARE


Correspondent

CorrespondentName:

MARGARITA WALLACH




Assignment 7 of 8






Assignor




UNITED STATES

Assignee

Name: KIND LLC


DELAWARE


Correspondent

CorrespondentName:

TRACEY D. BENNETT




Assignment 8 of 8






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

ZEYNEP GIESEKE




Mark Information


KIND



Mark DrawingType:



InternationalRegistration

Number:

0988693

InternationalApplication(s)

/Registration(s)Based on this

Property:

A0014452/0988693


Registrations:

2984772

Child Of: 77333800

Goods and Services



For: Nutrition bars, namely, processed fruit-and-nut-based food bars, nut based snack food bars




Basis: 1(a)

First Use: Jul. 14, 2004 Use in Commerce: Jul. 14, 2004


Mark: KIND


Nov. 20, 2007


3971639 Registration Date: May 31, 2011

Register: Principal






Status Date: Nov. 30, 2016


Mar. 24, 2009







Filed No Basis: No





DELAWARE


Attorney of Record


Correspondent



Phone: 312-464-3100 Fax: 312-464-3111




Yes


Prosecution History








Aug. 24, 2017 CERTIFICATE OF CORRECTION ISSUED 76533





Nov. 30, 2016 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED

Nov. 30, 2016 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 76533

Nov. 28, 2016 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 76533

Sep. 19, 2016 TEAS SECTION 8 & 15 RECEIVED


May 31, 2016 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED







Nov. 22, 2011 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 88888

Nov. 22, 2011 TEAS CHANGE OF OWNER ADDRESS RECEIVED


May 31, 2011 REGISTERED-PRINCIPAL REGISTER

Apr. 28, 2011 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED

Apr. 27, 2011 LAW OFFICE REGISTRATION REVIEW COMPLETED 67287

Apr. 18, 2011 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED

Mar. 28, 2011 STATEMENT OF USE PROCESSING COMPLETE 76985

Mar. 24, 2011 USE AMENDMENT FILED 76985


Mar. 24, 2011 DIVISIONAL REQUEST RECEIVED

Mar. 24, 2011 TEAS REQUEST TO DIVIDE RECEIVED

Mar. 24, 2011 TEAS STATEMENT OF USE RECEIVED

Mar. 09, 2011 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED

Mar. 09, 2011 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED




Sep. 29, 2010 CASE ASSIGNED TO INTENT TO USE PARALEGAL 76985











Mar. 24, 2009 NOA MAILED - SOU REQUIRED FROM APPLICANT


Dec. 24, 2008 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY

Dec. 10, 2008 NOTICE OF PUBLICATION


Nov. 12, 2008 LAW OFFICE PUBLICATION REVIEW COMPLETED 67287






Nov. 11, 2008 PREVIOUS ALLOWANCE COUNT WITHDRAWN


Oct. 22, 2008 LAW OFFICE PUBLICATION REVIEW COMPLETED 67287

Oct. 21, 2008 APPROVED FOR PUB - PRINCIPAL REGISTER

Oct. 21, 2008 EXAMINER'S AMENDMENT ENTERED 88888

Oct. 21, 2008 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Oct. 21, 2008 EXAMINERS AMENDMENT E-MAILED 6328

Oct. 21, 2008 EXAMINERS AMENDMENT -WRITTEN 73731

Oct. 20, 2008 PREVIOUS ALLOWANCE COUNT WITHDRAWN

Oct. 10, 2008 WITHDRAWN FROM PUB - OG REVIEW QUERY 61844







Sep. 24, 2008 PREVIOUS ALLOWANCE COUNT WITHDRAWN

Sep. 19, 2008 WITHDRAWN FROM PUB - OG REVIEW QUERY 61844



Sep. 03, 2008 TEAS/EMAIL CORRESPONDENCE ENTERED 67287

Sep. 03, 2008 CORRESPONDENCE RECEIVED IN LAW OFFICE 67287

Sep. 03, 2008 ASSIGNED TO LIE 67287

Aug. 25, 2008 TEAS REQUEST FOR RECONSIDERATION RECEIVED


Jul. 24, 2008 FINAL REFUSAL MAILED

Jul. 24, 2008 FINAL REFUSAL WRITTEN 73731

Jul. 01, 2008 ASSIGNED TO EXAMINER 73731

Jun. 23, 2008 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Jun. 23, 2008 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Jun. 23, 2008 TEAS RESPONSE TO OFFICE ACTION RECEIVED

Feb. 19, 2008 NON-FINAL ACTION MAILED

Feb. 15, 2008 NON-FINAL ACTION WRITTEN 83257

Feb. 07, 2008 ASSIGNED TO EXAMINER 83257

Nov. 26, 2007 NEW APPLICATION ENTERED IN TRAM



File Location

Current Location: TMEG LAW OFFICE 102 Date in Location: Aug. 24, 2017


Summary

Total Assignments: 7 Registrant: KIND,LLC

Assignment 1 of 7






Assignor



DELAWARE

Assignee



CANADA


Correspondent

CorrespondentName:

RICHARD KALWA




Assignment 2 of 7






Assignor



CANADA

Assignee

Name: KIND LLC


DELAWARE


Correspondent

CorrespondentName:

RICHARD KALWA




Assignment 3 of 7






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 4 of 7






Assignor



DELAWARE

Assignee

Name: KIND INC.


DELAWARE


Correspondent

CorrespondentName:

MARGARITA WALLACH




Assignment 5 of 7






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:

MARGARITA WALLACH




Assignment 6 of 7






Assignor




UNITED STATES

Assignee

Name: KIND LLC


DELAWARE


Correspondent

CorrespondentName:

TRACEY D. BENNETT




Assignment 7 of 7






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

ZEYNEP GIESEKE




Mark Information


KIND



Mark DrawingType:


Goods and Services



For: Non-alcoholic beverages, namely, fruit juices, fruit and vegetable juices, flavored water


032 - Primary Class U.S Class(es): 045, 046, 048


Basis: 1(a)

First Use: Feb. 25, 2016 Use in Commerce: Feb. 25, 2016







Filed No Basis: No


Owner Name: Kind LLC


Mark: KIND


Mar. 26, 2012



Register: Principal







Publication Date: Apr. 09, 2013 Notice ofAllowance Date:

Jun. 04, 2013

Owner Address: P.O. Box 705 Midtown StationNew York, NEW YORK UNITED STATES 10018


DELAWARE


Attorney of Record


Correspondent



Phone: 312-464-3100 Fax: 312-464-3111




Yes


Prosecution History






Apr. 13, 2018 COUNTERCLAIM OPP. NO. 999999 223147



Sep. 21, 2016 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY


Jun. 30, 2016 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED

Jun. 29, 2016 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED

May 31, 2016 STATEMENT OF USE PROCESSING COMPLETE 69302

May 13, 2016 USE AMENDMENT FILED 69302

May 13, 2016 TEAS STATEMENT OF USE RECEIVED

Dec. 11, 2015 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Dec. 10, 2015 EXTENSION 5 GRANTED 69302

Dec. 02, 2015 EXTENSION 5 FILED 69302

Dec. 02, 2015 TEAS EXTENSION RECEIVED

Jun. 09, 2015 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Jun. 08, 2015 EXTENSION 4 GRANTED 69302

May 27, 2015 EXTENSION 4 FILED 69302

May 27, 2015 TEAS EXTENSION RECEIVED

Dec. 11, 2014 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Dec. 10, 2014 EXTENSION 3 GRANTED 69302

Dec. 02, 2014 EXTENSION 3 FILED 69302

Dec. 02, 2014 TEAS EXTENSION RECEIVED

Jun. 17, 2014 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Jun. 16, 2014 EXTENSION 2 GRANTED 69302

May 29, 2014 EXTENSION 2 FILED 69302

Jun. 16, 2014 CASE ASSIGNED TO INTENT TO USE PARALEGAL 69302

May 29, 2014 TEAS EXTENSION RECEIVED


Nov. 28, 2013 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Nov. 26, 2013 EXTENSION 1 GRANTED 98765

Nov. 26, 2013 EXTENSION 1 FILED 98765

Nov. 26, 2013 TEAS EXTENSION RECEIVED

Oct. 25, 2013 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED

Oct. 25, 2013 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED

Jun. 04, 2013 NOA E-MAILED - SOU REQUIRED FROM APPLICANT

Apr. 09, 2013 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Apr. 09, 2013 PUBLISHED FOR OPPOSITION

Mar. 20, 2013 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

Mar. 07, 2013 LAW OFFICE PUBLICATION REVIEW COMPLETED 68171

Mar. 06, 2013 ASSIGNED TO LIE 68171

Feb. 24, 2013 APPROVED FOR PUB - PRINCIPAL REGISTER

Jan. 09, 2013 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Jan. 09, 2013 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Jan. 09, 2013 TEAS RESPONSE TO OFFICE ACTION RECEIVED



Jul. 09, 2012 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Jul. 09, 2012 NON-FINAL ACTION E-MAILED 6325

Jul. 09, 2012 NON-FINAL ACTION WRITTEN 69192

Jun. 30, 2012 ASSIGNED TO EXAMINER 69192

Apr. 02, 2012 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Mar. 29, 2012 NEW APPLICATION ENTERED IN TRAM



File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jun. 29, 2016


Summary

Total Assignments: 7 Registrant: Kind LLC

Assignment 1 of 7






Assignor



DELAWARE

Assignee



CANADA


Correspondent

CorrespondentName:

RICHARD KALWA




Assignment 2 of 7






Assignor



CANADA

Assignee

Name: KIND LLC


DELAWARE


Correspondent

CorrespondentName:

RICHARD KALWA




Assignment 3 of 7






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 4 of 7






Assignor

Name: KIND LLC Execution Date: Aug. 25, 2016


DELAWARE

Assignee

Name: KIND INC.


DELAWARE


Correspondent

CorrespondentName:

MARGARITA WALLACH, ESQ.




Assignment 5 of 7






Assignor

Name: KIND INC. Execution Date: Aug. 25, 2016


DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:

MARGARITA WALLACH, ESQ.




Assignment 6 of 7






Assignor




UNITED STATES

Assignee

Name: KIND LLC


DELAWARE


Correspondent

CorrespondentName:

TRACEY D. BENNETT




Assignment 7 of 7






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

ZEYNEP GIESEKE


