| Serial Number | 78739855 |
| Word Mark | DESIGNER WHEY AMERICA'S #1 PROTEIN SINCE 1993 |
| Filing Date | Tuesday, October 25, 2005 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, December 6, 2013 |
| Registration Number | 3236176 |
| Registration Date | Tuesday, May 1, 2007 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 13, 2007 |
| Indication of Colors claimed | The color(s) yellow, black, and white is/are claimed as a feature of the mark. |
| Description of the Colors Claimed | The mark consists of a solid black circle. Within the solid black circle are the words "DESIGNER WHEY", with "WHEY" located below and slightly to the right of "DESIGNER". The words "DESIGNER WHEY" is comprised of white letters, with each of the letters surrounded by a black outline, which is further surrounded by a white outline. Within the solid black circle, and located above the word "DESIGNER" are the words "America's #1 Protein" in yellow letters. Within the solid black circle, and located below the word "DESIGNER" and to the left of the word "WHEY" are the words "since 1993" in yellow letters. |
| Disclaimer with Predetermined Text | "WHEY AMERICA'S #1 PROTEIN SINCE 1993" |
| Goods and Services | Dietary and nutritional supplements, namely, whey protein for use as a nutritional ingredient in various powdered and ready-to-drink beverages, drinks, namely, dietary supplemental drinks |
| Goods and Services | Protein based, nutrient-dense snack bars |
| Goods and Services | Energy drinks |
| Section 2(f) Limitation Statement | as to "DESIGNER" |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 6, 2013 |
| Primary Code | 005 |
| First Use Anywhere Date | Tuesday, December 31, 2002 |
| First Use In Commerce Date | Tuesday, December 31, 2002 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 6, 2013 |
| Primary Code | 029 |
| First Use Anywhere Date | Tuesday, December 31, 2002 |
| First Use In Commerce Date | Tuesday, December 31, 2002 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 6, 2013 |
| Primary Code | 032 |
| First Use Anywhere Date | Tuesday, December 31, 2002 |
| First Use In Commerce Date | Tuesday, December 31, 2002 |
| Party Name | DESIGNER PROTEIN, LLC |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | CARLSBAD, CA 92008 |
| Party Name | Next Proteins, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Carlsbad, CA 92011 |
| Party Name | Next Proteins, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Carlsbad, CA 92011 |
| Party Name | Next Proteins, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Carlsbad, CA 92011 |
| Event Date | Event Description |
| Friday, December 6, 2013 | CANCELLED SEC. 8 (6-YR) |
| Wednesday, October 5, 2011 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Friday, May 13, 2011 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, May 13, 2011 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, November 11, 2009 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, November 11, 2009 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, May 1, 2007 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, February 13, 2007 | PUBLISHED FOR OPPOSITION |
| Wednesday, January 24, 2007 | NOTICE OF PUBLICATION |
| Saturday, December 16, 2006 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Saturday, December 16, 2006 | ASSIGNED TO LIE |
| Friday, December 1, 2006 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, November 28, 2006 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, November 28, 2006 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, November 28, 2006 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, November 17, 2006 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, November 3, 2006 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, November 3, 2006 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, November 3, 2006 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, May 5, 2006 | NON-FINAL ACTION E-MAILED |
| Friday, May 5, 2006 | NON-FINAL ACTION WRITTEN |
| Thursday, April 27, 2006 | ASSIGNED TO EXAMINER |
| Wednesday, November 2, 2005 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Monday, October 31, 2005 | NEW APPLICATION ENTERED IN TRAM |