| Serial Number | 79334416 |
| Word Mark | 2 FOODS YUMMY (BUT SO HEALTHY) |
| Filing Date | Tuesday, September 14, 2021 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, December 5, 2023 |
| Registration Number | 7232448 |
| Registration Date | Tuesday, December 5, 2023 |
| Mark Drawing | 5 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, September 19, 2023 |
| Goods and Services | Sweets, muesli desserts and cereal-based snack foods; Japanese traditional confectionery, namely, wagashi being confectionery made of sugar and mochi in the nature of sweet pounded rice cakes, sweet dumplings being dango, baked red bean cake being Dorayaki, fish-shaped cakes with various fillings being taiyaki, cylinder-shaped cake filled with red bean paste being Imagawayaki, rice cake stuffed with bean jam being Daifuku, castella cakes, rice crackers; western-style confectionery, namely, candy, hard candies, jelly confectionery, parfait, frozen yogurt confection, crepes, cookies, biscuits, chocolate, muffins, confectionery in the form of dessert mousses; doughnuts; bread; sandwiches; steamed buns stuffed with minced meat being Chuka-manjuh; hamburger sandwiches; pizzas; hot dog sandwiches; meat pies; tacos; cakes; chocolate cakes; scones; puddings; ice cream; shaved ice confections; noodle-based prepared meals; ramen; prepared pasta; prepared pasta dishes; pasta sauce; Chinese stuffed dumplings being gyoza, cooked; Chinese steamed dumplings being shumai, cooked; sushi; fried balls of batter mix with small pieces of octopus being Takoyaki; prepackaged lunches consisting primarily of rice, and also including meat, fish or vegetables; ravioli; prepared meals consisting primarily of pasta or rice; tea; oolong tea being Chinese tea; black tea; iced tea; green tea; coffee; coffee-based beverages; cocoa; starch-based binding agents for ice cream; meat tenderizers for household purposes; preparations for stiffening whipped cream, namely, starch-based thickeners for whipped cream; aromatic preparations for food; ice; seasonings, other than spices; spices; ice cream mixes; sherbet mixes; unroasted coffee beans; processed cereals; chocolate spread; yeast powder; fermented malted rice being Koji; yeast; baking powder; instant confectionery mixes, namely, instant doughnut, pancake, and pudding mixes; by-product of rice for food, namely, fermented food seasoning pastes being Sake lees; rice; husked oats; husked barley; gluten for food being gluten additives for culinary purposes; flour |
| Description of the Colors Claimed | The mark consists of words "2 foods", "Yummy" and "But So Healthy". The "But So Healthy" appears in parentheses. The left tips of "2" appears in the color blue and other part of "2" in the color green, the "f" appears in the color pink, the first "o" appears in the color green, the second "o" appears in the color blue, the "d" appears in the color yellow, the "s" appears in the color green, the "Yummy" appears in the color yellow, the "But" appears in the color pink, the "So" appears in the color purple, the " Healthy" appears in the color orange, the open parenthesis appears in the color green and the closed parenthesis appears in the color blue. All the foregoing appears on a black background. |
| Pseudo Mark | TWO FOODS YUMMY (BUT SO HEALTHY) |
| Description of Mark | The mark consists of the stylized wording "2 FOODS YUMMY (BUT SO HEALTHY)" appearing on a black background. The number "2" is in blue and green. Each letter in the word "FOODS" appears in a separate color, with the letter "F" in pink, the first letter "O" and the letter "S" in green, the second letter "O" in blue, and the letter "D" in yellow. The word "YUMMY" is in yellow. Each word in the wording "(BUT SO HEALTHY)" appears in a different color between the open parenthesis in green and the closed parenthesis in blue, with the word "BUT" in pink, the word "SO" in purple, and the word "HEALTHY" in orange. |
| Goods and Services | Fruit-based, vegetable-based, bean-based and nut-based snacks; prepared curry dishes, namely, prepared dishes consisting primarily of pre-cooked curry stew; stews; soups; omelets; salads, namely, garden salads, fruit salads, vegetable salads, caesar salads, coleslaw, and potatoes salads; packaged meals consisting primarily of meat, fish, poultry or vegetables; edible oils and fats; milk products excluding ice cream, ice milk and frozen yogurt; meat for human consumption, namely, fresh and frozen meat; eggs; fresh, chilled or frozen edible aquatic animals being seafood, not live; frozen vegetables; frozen fruits; charcuterie; processed seafood products other than blocks of boiled, smoked and then dried bonitos being Katsuo-bushi, dried pieces of agar jelly being Kanten, flakes of dried fish meat being Kezuri-bushi, fishmeal for human consumption, edible shavings of dried kelp being Tororo-kombu, sheets of dried laver being Hoshi-nori, dried edible brown algae being Hoshi-hijiki, dried edible seaweed being Hoshi-wakame and toasted sheets of laver being Yaki-nori; blocks of boiled, smoked and then dried bonitos being Katsuo-bushi; dried pieces of agar jelly being kanten; flakes of dried fish meat being kezuri-bushi; fishmeal for human consumption; edible shavings of dried kelp being tororo-kombu; hoshi-nori being sheets of dried laver; dried edible brown algae being Hoshi-hijiki; dried edible seaweed; toasted sheets of laver being yaki-nori; processed vegetables and fruits; fried tofu pieces being abura-age; freeze-dried tofu pieces being kohri-dofu; jelly made from devils' tongue root being konnyaku; soya milk; tofu; fermented soybeans being natto; processed eggs; pre-cooked curry stew, stew and soup mixes; dried flakes of laver for sprinkling on rice in hot water being ochazuke-nori; furikake being dried flakes of fish, meat, vegetables or seaweed; side-dish made of fermented soybean being Name-mono; preserved pulses |
| Goods and Services | Dietary supplements for humans; nutritional supplements; lacteal flour for babies; beverages for babies, namely, liquid formula milk for babies; food for babies |
| Indication of Colors claimed | The color(s) blue, green, pink, yellow, purple, orange and black is/are claimed as a feature of the mark. |
| Goods and Services | Retail store services and wholesale store services featuring food and beverages; retail store services and wholesale store services featuring liquor; retail store services and wholesale store services featuring meat; retail store services and wholesale store services featuring seafood; retail store services and wholesale store services featuring vegetables and fruits; retail store services and wholesale store services featuring confectionery, bread and buns; retail store services and wholesale store services featuring rice and cereals; retail store services and wholesale store services featuring carbonated drinks being refreshing beverages and nonalcoholic fruit juice beverages; retail store services and wholesale store services featuring tea, coffee and cocoa; retail store services and wholesale store services featuring processed food |
| Goods and Services | Sake; Japanese white liquor being Shochu; sake substitutes, namely, Japanese shochu-based mixed liquor, whiskey cocktails, white wine, red wine, rose wine, sparkling wine cocktails, champagne, hard seltzer, sangria; Japanese sweet rice-based mixed liquor being shirozake; naoshi being Japanese liquor; Japanese Shochu-based mixed liquor being Mirin; western distilled liquors; alcoholic fruit beverages; Japanese Shochu-based beverages being Chuhai, namely, Japanese white liquor; Chinese distilled liquors; flavored liquors; distilled alcoholic beverages |
| NOT AVAILABLE | "FOODS" |
| Goods and Services | Soft drinks; fruit juices; vegetable juices being beverages; cola drinks; soda pops; ginger ale; carbonated water; mineral water being beverages; lemonades; lemon squash; orange juice beverages; fruit nectars, non-alcoholic; smoothies; whey beverages; beer; craft beers; extracts of hops for making beer |
| Goods and Services | Providing of food and drink; cafeteria services; food and drink catering |
| Goods and Services | Raw hops; unprocessed hops; edible aquatic animals, live; edible seaweeds, unprocessed; vegetables, fresh; unprocessed sugar crops; fruit, fresh; malt, not for food, namely, malt for brewing and distilling; foxtail millet, unprocessed; proso millet, unprocessed; edible sesame, unprocessed; buckwheat, unprocessed; corn being unprocessed grain; Japanese barnyard millet, unprocessed; fresh wheat, barley and oats, unprocessed; rice, unprocessed; sorghum, unprocessed |
| Goods and Services | Providing temporary use of online non-downloadable computer programs on data networks for online shopping; providing temporary use of non-downloadable software applications accessible via a web site for online shopping |
| International Class | 005 - Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| US Class Codes | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, February 25, 2022 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, February 25, 2022 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, February 25, 2022 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. |
| US Class Codes | 001, 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, February 25, 2022 |
| Primary Code | 031 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 032 - Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. |
| US Class Codes | 045, 046, 048 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, February 25, 2022 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, February 25, 2022 |
| Primary Code | 033 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, February 25, 2022 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, February 25, 2022 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, February 25, 2022 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | TWO Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | JP |
| Party Name | TWO Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | JP |
| Party Name | TWO Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | JP |
| Event Date | Event Description |
| Friday, February 25, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, February 24, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Tuesday, March 1, 2022 | APPLICATION FILING RECEIPT MAILED |
| Friday, June 17, 2022 | ASSIGNED TO EXAMINER |
| Thursday, June 23, 2022 | NON-FINAL ACTION WRITTEN |
| Friday, June 24, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, June 27, 2022 | REFUSAL PROCESSED BY MPU |
| Tuesday, June 28, 2022 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, July 20, 2022 | REFUSAL PROCESSED BY IB |
| Thursday, December 22, 2022 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, December 22, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, December 23, 2022 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, December 23, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, December 23, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Saturday, December 24, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, January 20, 2023 | FINAL REFUSAL WRITTEN |
| Friday, January 20, 2023 | FINAL REFUSAL E-MAILED |
| Friday, January 20, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, February 22, 2023 | TEAS PETITION TO DIRECTOR RECEIVED |
| Wednesday, February 22, 2023 | PETITION TO DIRECTOR RECEIVED |
| Wednesday, February 22, 2023 | PETITION TO REVIVE-RECEIVED |
| Wednesday, April 12, 2023 | ASSIGNED TO PETITION STAFF |
| Tuesday, June 20, 2023 | ASSIGNED TO PETITION STAFF |
| Wednesday, June 21, 2023 | PETITION INQUIRY LETTER ISSUED |
| Tuesday, June 27, 2023 | TEAS RESPONSE TO PETITION INQUIRY LETTER |
| Thursday, July 20, 2023 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Thursday, July 20, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, July 21, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, July 26, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, July 26, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Friday, July 28, 2023 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Monday, July 31, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, July 31, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, August 4, 2023 | SUSPENSION LETTER WRITTEN |
| Friday, August 4, 2023 | LETTER OF SUSPENSION E-MAILED |
| Friday, August 4, 2023 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Monday, August 14, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Tuesday, August 15, 2023 | PETITION TO DIRECTOR DENIED |
| Wednesday, August 16, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, August 30, 2023 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, August 30, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, August 30, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Sunday, September 17, 2023 | NOTIFICATION PROCESSED BY IB |
| Tuesday, September 19, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, September 19, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, December 5, 2023 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, December 5, 2023 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, March 5, 2024 | FINAL DISPOSITION PROCESSED |
| Tuesday, March 5, 2024 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Wednesday, March 6, 2024 | FINAL DISPOSITION NOTICE SENT TO IB |
| Thursday, July 18, 2024 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Tuesday, March 26, 2024 | FINAL DECISION TRANSACTION PROCESSED BY IB |