| Serial Number | 87400708 |
| Word Mark | A ATKINS |
| Filing Date | Thursday, April 6, 2017 |
| Status | 705 - PARTIAL SECTION 8 & 15 ACCEPTED AND ACKNOWLEDGED |
| Status Date | Wednesday, January 29, 2025 |
| Registration Number | 5581619 |
| Registration Date | Tuesday, October 9, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, March 27, 2018 |
| Goods and Services | Grain based, chocolate based, oat based, cereal based and granola based ready to eat food bars; sandwiches; bread mix; chocolate; chocolate bars; candy; candy bars; nutritional candy bars; peanut butter cups; chocolate covered nuts; caramel nut clusters; cookies; trail mix consisting primarily of granola, and also including dried fruit, chocolate, processed nuts, chia; prepared food kits and refrigerated and frozen food packages, each consisting primarily of pasta, macaroni, lasagna, flatbread, pizza, burritos, ice cream, ice milk, frozen yogurt, cookies, candy bakery goods, and frozen confections also including eggs, cheese, processed vegetables, processed beans, processed nuts, processed edible seeds, and/or with sauces or seasonings or other ingredients, ready for cooking and assembly as a meal, side dish, snack, appetizer or dessert; prepared meals, entrees, side dishes, snacks, appetizers and desserts, and refrigerated and frozen meals, entrees, side dishes, snacks, appetizers and desserts, each consisting primarily of pasta, macaroni, lasagna, rice, flatbread, pizza, burritos, ice cream, ice milk, frozen yogurt, cookies, candy, bakery goods and frozen confections, also including eggs, cheese, processed vegetables, processed beans, processed nuts, processed edible seeds, and prepared, fresh, refrigerated and frozen portable foods that are held in hand while eating, namely, wrap sandwiches, burritos, sandwiches, breakfast sandwiches, dough-wrapped savories and sweets, and dough-enrobed foods consisting of a dough-based wrapper with fillings consisting primarily of meats, poultry, fish, fruits, sweets, vegetables, cheese, eggs and spices; ready to drink chocolate based nutritional beverages for use as a meal substitute; nutritionally fortified chocolate based beverages; nutritional chocolate based shakes for use as a meal substitute |
| Description of Mark | The mark consists of the red letter "A" with the word "ATKINS" in white at the bottom in a blue ribbon. |
| Goods and Services | Vegetable based, yogurt based, fruit based and soy based ready to eat food bars; prepared food kits and refrigerated and frozen food packages, each consisting primarily of meat, meat substitutes, poultry, fish, seafood, eggs, cheese, dairy products, processed vegetables, pasta, processed beans, processed nuts, processed edible seeds, shakes, and dairy products excluding ice cream, ice milk and frozen yogurt, also including cookies, candy, bakery goods, frozen confections, and/or with sauces or seasonings or other ingredients, ready for cooking and assembly as a meal, side dish, snack, appetizer or dessert; prepared meals, entrees, side dishes, snacks, appetizers and desserts, and refrigerated and frozen meals, entrees, side dishes, snacks, appetizers and desserts, each consisting primarily of meat, meat substitutes, poultry, fish, seafood, pasta, eggs, cheese, processed vegetables, processed beans, processed nuts, processed edible seeds, shakes, and dairy products excluding ice cream, ice milk and frozen yogurt, also including cookies, candy, bakery goods, frozen confections; fresh, refrigerated and frozen prepared proteins, namely, meat, poultry, fish, seafood, not live; ready-to-eat meat snacks, jerky and meat bars; shakes; shakes mixes; trail mix consisting primarily of processed nuts, seeds, dried fruit and also including chocolate; ready to drink dairy based nutritional beverages for use as a meal substitute; nutritionally fortified dairy based beverages; nutritional dairy based shakes for use as a meal substitute |
| Goods and Services | Food supplements; nutritional supplements; dietary supplements; protein supplements; ready to drink nutritional beverages for use as a meal substitute for medical purposes; nutritionally fortified beverages for medical purposes; nutritional shakes for use as a meal substitute for medical purposes; dietary and nutritional supplements containing protein; and nutritional supplements in the nature of protein-based drinks, protein-fortified meal replacement bars, protein-fortified snack bars, and protein-based food bars |
| Indication of Colors claimed | The color(s) red, blue and white is/are claimed as a feature of the mark. |
| Goods and Services | [ On-line retail store services featuring nutritionally fortified food supplements and food products, ready to eat food bars, shakes, shake mixes, desserts, and prepared food kits and refrigerated and frozen food package combinations ] |
| Goods and Services | [ Providing information in the fields of diet, weight loss, weight management, diet planning, maintaining a healthy lifestyle and nutrition; providing weight loss program services; counseling services in the field of diet, weight loss, weight management, diet planning, maintaining a healthy lifestyle and nutrition ] |
| Goods and Services | Sports drinks, namely, energy drinks, performance drinks and recovery drinks; sports and energy drinks enhanced with minerals and nutrients; smoothies; ready to drink fruit and vegetable based nutritional beverages for use as a meal substitute; nutritionally fortified fruit and vegetable based beverages; nutritional fruit and vegetable based shakes for use as a meal substitute |
| 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 | Wednesday, April 12, 2017 |
| Primary Code | 029 |
| First Use Anywhere Date | Thursday, March 15, 2018 |
| First Use In Commerce Date | Thursday, March 15, 2018 |
| 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 | Wednesday, April 12, 2017 |
| Primary Code | 030 |
| First Use Anywhere Date | Thursday, March 15, 2018 |
| First Use In Commerce Date | Thursday, March 15, 2018 |
| 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 | Wednesday, April 12, 2017 |
| Primary Code | 032 |
| First Use Anywhere Date | Thursday, March 15, 2018 |
| First Use In Commerce Date | Thursday, March 15, 2018 |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | B - Sec. 8 - Class(es) in a Multiple Class registration |
| Class Status Date | Wednesday, January 29, 2025 |
| Primary Code | 035 |
| First Use Anywhere Date | Thursday, March 22, 2018 |
| First Use In Commerce Date | Thursday, March 22, 2018 |
| International Class | 044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| US Class Codes | 100, 101 |
| Class Status Code | B - Sec. 8 - Class(es) in a Multiple Class registration |
| Class Status Date | Wednesday, January 29, 2025 |
| Primary Code | 044 |
| First Use Anywhere Date | Tuesday, November 7, 2017 |
| First Use In Commerce Date | Tuesday, November 7, 2017 |
| 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 | 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, April 12, 2017 |
| Primary Code | 005 |
| First Use Anywhere Date | Thursday, March 15, 2018 |
| First Use In Commerce Date | Thursday, March 15, 2018 |
| Party Name | SIMPLY GOOD FOODS USA, INC. |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 03 - Corporation |
| Address | DENVER, CO 80202 |
| Party Name | Atkins Nutritionals, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Denver, CO 80202 |
| Party Name | Atkins Nutritionals, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Denver, CO 80202 |
| Party Name | Atkins Nutritionals, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Denver, CO 80265 |
| Event Date | Event Description |
| Wednesday, April 12, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, April 10, 2017 | NEW APPLICATION ENTERED |
| Thursday, April 13, 2017 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, June 28, 2017 | ASSIGNED TO EXAMINER |
| Wednesday, July 5, 2017 | NON-FINAL ACTION WRITTEN |
| Wednesday, July 5, 2017 | NON-FINAL ACTION E-MAILED |
| Thursday, December 21, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, July 5, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, December 12, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, December 19, 2017 | ASSIGNED TO LIE |
| Thursday, December 21, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, December 22, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, December 22, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Friday, December 22, 2017 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Friday, December 22, 2017 | EXAMINERS AMENDMENT E-MAILED |
| Friday, December 22, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, February 12, 2018 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, January 9, 2018 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Tuesday, January 30, 2018 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Tuesday, February 6, 2018 | PRIORITY ACTION WRITTEN |
| Tuesday, February 6, 2018 | PRIORITY ACTION E-MAILED |
| Tuesday, February 6, 2018 | NOTIFICATION OF PRIORITY ACTION E-MAILED |
| Tuesday, March 27, 2018 | PUBLISHED FOR OPPOSITION |
| Monday, June 4, 2018 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Monday, February 12, 2018 | EXAMINER'S AMENDMENT ENTERED |
| Monday, February 12, 2018 | EXAMINERS AMENDMENT E-MAILED |
| Monday, February 12, 2018 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, February 12, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, February 20, 2018 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, March 7, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, March 27, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, May 22, 2018 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Monday, June 4, 2018 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, September 6, 2018 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Tuesday, March 19, 2019 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, July 20, 2018 | TEAS STATEMENT OF USE RECEIVED |
| Friday, July 20, 2018 | USE AMENDMENT FILED |
| Friday, August 17, 2018 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Tuesday, August 21, 2018 | STATEMENT OF USE PROCESSING COMPLETE |
| Friday, September 7, 2018 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED |
| Tuesday, October 9, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, March 19, 2019 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, February 5, 2020 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Thursday, December 16, 2021 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, December 16, 2021 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, December 16, 2021 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, December 16, 2021 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, December 16, 2021 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Wednesday, September 11, 2024 | TEAS SECTION 8 & 15 RECEIVED |
| Wednesday, January 29, 2025 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Wednesday, January 29, 2025 | REGISTERED - PARTIAL SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. |
| Wednesday, January 29, 2025 | NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED |
| Monday, October 9, 2023 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |