| Serial Number | 97803579 |
| Word Mark | BERRI FIT ORGANICS |
| Filing Date | Tuesday, February 21, 2023 |
| Status | 686 - PUBLISHED FOR OPPOSITION |
| Status Date | Tuesday, October 15, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 15, 2024 |
| Description of Mark | The mark consists of a three-dimensional configuration of a concave bottle with a screw-top cap, with small indentations up the sides of the bottle that form channels around the circumference of the bottle. A wrap around diamond shaped banner appears at the top half of the bottle and bottle half, where it connects around a circular dot design. In the middle of the central diamond are the styled words "BERRI FIT ORGANICS," where BERRI appears above FIT, and the word ORGANICS appears vertically against the "i" in BERRI. The dot of the "i" in BERRI is a leaf design. The black appearance of the banner, the black words and the white bottle are not claimed as color. The broken lines in the color black are not claimed as a feature of the mark but only appears to outline the banner design. |
| Pseudo Mark | BERRY FIT ORGANICS |
| Section 2(f) Limitation Statement | BERRI has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement. BERRI has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 5494000; 5025066; 6014250; 5403523; 5594898; 6084934; 5665113; 6236572; 6672806 |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| NOT AVAILABLE | "BERRY" and "ORGANICS" |
| Goods and Services | Energy drinks enhanced with vitamins; Sports drinks containing electrolytes; Sports drinks enhanced with vitamins; all the foregoing made in whole or substantial part of organic ingredients |
| 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 | Saturday, March 11, 2023 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Berri Pro, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Santa Monica, CA 90405 |
| Party Name | Berri Pro, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Santa Monica, CA 90405 |
| Event Date | Event Description |
| Saturday, March 11, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, February 24, 2023 | NEW APPLICATION ENTERED |
| Friday, September 22, 2023 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Tuesday, March 14, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, September 22, 2023 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Friday, September 22, 2023 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, September 22, 2023 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, November 29, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, September 22, 2023 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, September 26, 2023 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED |
| Tuesday, September 26, 2023 | WITHDRAWAL OF ATTORNEY GRANTED |
| Monday, November 20, 2023 | ASSIGNED TO EXAMINER |
| Wednesday, November 29, 2023 | NON-FINAL ACTION WRITTEN |
| Wednesday, November 29, 2023 | NON-FINAL ACTION E-MAILED |
| Thursday, February 29, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, February 29, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, February 29, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, June 11, 2024 | APPLICATION EXTENSION GRANTED/RECEIPT PROVIDED |
| Tuesday, June 11, 2024 | APPLICATION EXTENSION TO RESPONSE PERIOD - RECEIVED |
| Tuesday, September 10, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, September 10, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, September 10, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, September 11, 2024 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, September 11, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, September 11, 2024 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, September 11, 2024 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, September 11, 2024 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, September 25, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, October 15, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, October 15, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Monday, March 11, 2024 | NON-FINAL ACTION WRITTEN |
| Monday, March 11, 2024 | NON-FINAL ACTION E-MAILED |
| Monday, March 11, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |