| Serial Number | 97833627 |
| Word Mark | BYHEART |
| Filing Date | Friday, March 10, 2023 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, December 2, 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, February 27, 2024 |
| Goods and Services | Ready to eat snacks for promoting lactation, namely, cookies and chocolate; chocolate-based meal replacement bars; granola snacks; cheese flavored snacks, namely, puffed cheese balls and curls; crackers; chips, namely, corn chips; pretzels; biscuits; dessert puddings; prepared or packaged meals consisting of pasta, rice or bread; ice cream; coffee-based snack food; processed cereals for toddlers not especially adapted as baby food; toddler meals comprised of prepared and prepackaged meals and entrees consisting primarily of rice or pasta; fortified snacks for toddlers not adapted for medical purposes, namely, crackers, cookies, biscuits, rice, cheese and grain based puffs; all of the foregoing designed for mothers, expecting mothers, toddlers, and children |
| Description of Mark | The mark consists of the word "BYHEART" beneath a design of a mother and baby monkey. |
| Goods and Services | Nut, seed, and fruit-based snack bars for promoting lactation; meat-based snack foods; potato-based snack foods; bean based snack foods; cheese-based snack foods; fruit-based meal replacement bars; prepared meals consisting primarily of meat, fish, poultry or vegetables; toddler meals comprised of prepared and prepackaged meals consisting primarily of eggs, meat, fish, poultry or cheese, vegetables; freeze dried snacks for toddlers, namely, meat-based snack foods, fruit-based snack foods, and vegetable based snack foods; fortified snacks for toddlers not adapted for medical purposes, namely, meat-based snack foods, potato-based snack foods, bean based-snack foods, fruit-based snack foods, vegetable based snack foods, nut and fruit-based snack foods; fortified snacks for toddlers not adapted for medical purposes, 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; chips, namely, vegetable chips and bean-based chips; fortified snacks for toddlers not adapted for medical purposes, namely, vegetable based puffs, all of the foregoing designed for mothers, expecting mothers, toddlers, and children |
| Pseudo Mark | BY HEART |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| 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, March 31, 2023 |
| 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, March 31, 2023 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | BYHEART, INC. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | New York, NY 10013 |
| Party Name | BYHEART, INC. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | New York, NY 10013 |
| Event Date | Event Description |
| Tuesday, March 14, 2023 | NEW APPLICATION ENTERED |
| Friday, March 31, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Saturday, April 1, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Monday, November 20, 2023 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED |
| Monday, November 20, 2023 | WITHDRAWAL OF ATTORNEY GRANTED |
| Friday, December 1, 2023 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Friday, December 1, 2023 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Friday, December 1, 2023 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, December 1, 2023 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, December 1, 2023 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, December 7, 2023 | ASSIGNED TO EXAMINER |
| Monday, December 18, 2023 | NON-FINAL ACTION WRITTEN |
| Monday, December 18, 2023 | NON-FINAL ACTION E-MAILED |
| Monday, December 18, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, January 17, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, January 17, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, January 17, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, January 22, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, February 7, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, February 7, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Monday, March 4, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, April 23, 2024 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Monday, December 2, 2024 | ABANDONMENT - NO USE STATEMENT FILED |
| Monday, December 2, 2024 | ABANDONMENT - NO USE STATEMENT FILED |
| Monday, December 2, 2024 | ABANDONMENT NOTICE E-MAILED - NO USE STATEMENT FILED |
| Monday, December 2, 2024 | ABANDONMENT NOTICE E-MAILED - NO USE STATEMENT FILED |
| Tuesday, February 27, 2024 | PUBLISHED FOR OPPOSITION |