| Serial Number | 88332178 |
| Word Mark | BYHEART |
| Filing Date | Friday, March 8, 2019 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Wednesday, November 2, 2022 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 25, 2020 |
| Description of Mark | The mark consists of the word "BYHEART" beneath a design of a mother and baby monkey. |
| Goods and Services | INFANT, BABY AND TODDLER FORMULA; ORGANIC FORMULA FOR INFANTS, BABIES AND TODDLERS; POWDER FORMULA FOR INFANTS, BABIES AND TODDLERS; LIQUID FORMULA FOR INFANTS, BABIES AND TODDLERS; INFANT AND BABY FOOD; FORTIFIED SNACKS FOR INFANTS AND BABIES ESPECIALLY ADAPTED AS BABY FOOD, namely, MEAT-BASED SNACK FOODS, POTATO-BASED SNACK FOODS, BEAN BASED-SNACK FOODS, FRUIT-BASED SNACK FOODS, VEGETABLE BASED SNACK FOODS, YOGURT-BASED SNACK FOODS, NUT AND FRUIT MILK-BASED SNACK FOODS, CRACKERS, COOKIES, BISCUITS, RICE, VEGETABLE, CHEESE AND GRAIN BASED PUFFS; FORTIFIED SNACKS FOR INFANTS AND BABIES ESPECIALLY ADAPTED AS BABY FOOD, namely, YOGURT, YOGURT DRINKS, CUSTARD STYLE YOGURTS, GREEK YOGURT, COTTAGE CHEESE, STRING CHEESE, CHEESE AND CRACKER COMBINATIONS, MILKSHAKES AND DAIRY BASED FORTIFICATION POWDERS FOR MAKING DAIRY-BASED FOOD BEVERAGES AND SHAKES; FREEZE DRIED SNACKS FOR INFANTS AND BABIES, ESPECIALLY ADAPTED AS BABY FOOD, namely, MEAT-BASED SNACK FOODS, FRUIT-BASED SNACK FOODS, AND VEGETABLE BASED SNACK FOODS; INFANT MEALS ESPECIALLY ADAPTED AS BABY FOOD, COMPRISED OF PREPARED AND PREPACKAGED MEALS AND ENTREES CONSISTING PRIMARILY OF EGGS, MEAT, FISH, POULTRY OR CHEESE, VEGETABLES; PROCESSED CEREALS FORMULATED FOR INFANTS AND BABIES ESPECIALLY ADAPTED AS BABY FOOD; INFANT MEALS ESPECIALLY ADAPTED AS BABY FOOD COMPRISED OF PREPARED AND PREPACKAGED MEALS AND ENTREES CONSISTING PRIMARILY OF RICE OR PASTA; NUTRITIONALLY FORTIFIED MILK FOR CHILDREN AND INFANTS FOR MEDICAL PURPOSES; HUMAN MILK FORTIFIERS FOR CHILDREN AND INFANTS, namely, CONCENTRATED HUMAN MILK; NUTRITIONAL SUPPLEMENTS, namely, MILK POWDER AND LACTO-PROTEIN DESIGNED FOR MOTHERS, EXPECTING MOTHERS, INFANTS, BABIES, TODDLERS, AND CHILDREN; NUTRITIONALLY FORTIFIED BEVERAGES FOR INFANTS, BABIES AND TODDLERS ADAPTED FOR MEDICAL USE FOR MEAL REPLACEMENT; BEVERAGES COMPRISED OF DIETARY SUPPLEMENTS FOR PROMOTING LACTATION; TEA COMPRISED OF DIETARY SUPPLEMENTS FOR MEDICINAL PURPOSES FOR PROMOTING LACTATION; PEDIATRIC NUTRITIVE DIETETIC PREPARATIONS FOR BABIES, INFANTS, TODDLERS, AND CHILDREN FOR MEDICAL PURPOSES; DIETARY, NUTRITIONAL AND HERBAL SUPPLEMENTS FOR PREGNANT, LACTATING AND NURSING MOTHERS; NUTRITIONAL SUPPLEMENTAL DRINKS AND POWDERED NUTRITIONAL SUPPLEMENT DRINK MIXES FOR PREGNANT, LACTATING AND NURSING MOTHERS; DIETARY SUPPLEMENTS FOR TREATING MORNING SICKNESS DURING PREGNANCY; NUTRITIONALLY FORTIFIED BEVERAGES FOR MEDICAL PURPOSES DESIGNED FOR MOTHERS, EXPECTING MOTHERS, INFANTS, BABIES, TODDLERS, AND CHILDREN; DIETETIC FOODS AND BEVERAGES ADAPTED FOR MEDICAL USE; MEAL REPLACEMENT BARS FOR MEDICAL PURPOSES DESIGNED FOR MOTHERS, EXPECTING MOTHERS, INFANTS, BABIES, TODDLERS, AND CHILDREN; BREAST PADS; BREAST-NURSING PADS |
| Pseudo Mark | BY HEART |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| 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 | Wednesday, March 27, 2019 |
| Primary Code | 005 |
| First Use Anywhere Date | Wednesday, March 23, 2022 |
| First Use In Commerce Date | Wednesday, March 23, 2022 |
| Party Name | BYHEART, INC. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | New York, NY 10012 |
| Party Name | BYHEART, INC. |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 03 - Corporation |
| Address | NEW YORK, NY 10012 |
| Party Name | Second Science, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | New York, NY 10012 |
| Event Date | Event Description |
| Wednesday, November 2, 2022 | ABANDONMENT NOTICE E-MAILED - FAILURE TO RESPOND |
| Wednesday, November 2, 2022 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Wednesday, November 2, 2022 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Thursday, April 21, 2022 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, April 21, 2022 | NON-FINAL ACTION E-MAILED |
| Thursday, April 21, 2022 | SU - NON-FINAL ACTION - WRITTEN |
| Thursday, April 21, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, April 21, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, April 19, 2022 | STATEMENT OF USE PROCESSING COMPLETE |
| Thursday, March 31, 2022 | USE AMENDMENT FILED |
| Friday, April 15, 2022 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Thursday, March 31, 2022 | TEAS STATEMENT OF USE RECEIVED |
| Thursday, January 20, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, January 20, 2022 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, January 20, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, October 8, 2021 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Wednesday, October 6, 2021 | SOU EXTENSION 3 GRANTED |
| Wednesday, October 6, 2021 | SOU EXTENSION 3 FILED |
| Wednesday, October 6, 2021 | SOU TEAS EXTENSION RECEIVED |
| Thursday, March 18, 2021 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Tuesday, March 16, 2021 | SOU EXTENSION 2 GRANTED |
| Tuesday, March 16, 2021 | SOU EXTENSION 2 FILED |
| Tuesday, March 16, 2021 | SOU TEAS EXTENSION RECEIVED |
| Tuesday, February 23, 2021 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Tuesday, February 23, 2021 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, February 23, 2021 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, February 23, 2021 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, February 23, 2021 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Saturday, November 14, 2020 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Friday, November 13, 2020 | SOU EXTENSION 1 GRANTED |
| Tuesday, October 20, 2020 | SOU EXTENSION 1 FILED |
| Friday, November 13, 2020 | EXAMINERS AMENDMENT MAILED |
| Tuesday, October 20, 2020 | SOU TEAS EXTENSION RECEIVED |
| Wednesday, September 30, 2020 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Wednesday, September 30, 2020 | PETITION TO DIRECTOR GRANTED |
| Monday, September 28, 2020 | ASSIGNED TO PETITION STAFF |
| Thursday, September 24, 2020 | TEAS PETITION TO DIRECTOR RECEIVED |
| Tuesday, April 21, 2020 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, February 25, 2020 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 25, 2020 | PUBLISHED FOR OPPOSITION |
| Wednesday, February 5, 2020 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, January 21, 2020 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, January 21, 2020 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, January 21, 2020 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, January 21, 2020 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, January 21, 2020 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, December 13, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, December 13, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, December 4, 2019 | ASSIGNED TO LIE |
| Friday, November 22, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, August 21, 2019 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Wednesday, May 22, 2019 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, May 22, 2019 | NON-FINAL ACTION E-MAILED |
| Wednesday, May 22, 2019 | NON-FINAL ACTION WRITTEN |
| Friday, May 17, 2019 | ASSIGNED TO EXAMINER |
| Thursday, March 28, 2019 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, March 27, 2019 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, March 12, 2019 | NEW APPLICATION ENTERED |