| Serial Number | 85616927 |
| Word Mark | EVOLUTION FRESH |
| Filing Date | Friday, May 4, 2012 |
| Status | 702 - SECTION 8 & 15 - ACCEPTED AND ACKNOWLEDGED |
| Status Date | Monday, October 4, 2021 |
| Registration Number | 4766690 |
| Registration Date | Tuesday, July 7, 2015 |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, April 21, 2015 |
| Goods and Services | [ Tea and herbal tea; tea and herbal tea-based beverages; tea and herbal tea-based concentrates, with fruit flavoring; frozen confections with tea, herbal tea and/or fruit flavoring; ground and whole bean coffee; cocoa and espresso beverages, and beverages made with a base of coffee and/or espresso; beverages made with a base of tea, powdered chocolate and vanilla; ready-to-drink coffee; ready-to-drink tea; frozen confections, namely, ice cream, ice milk, frozen yogurt, frozen soy based desserts; chocolate, candy and frozen confections; baked goods, namely, muffins, scones, biscuits, cookies, pastries and breads; sandwiches; processed cereal-derived food product to be used as a breakfast cereal, food bar, or ingredient for making food; ready-to-eat cereal; rolled oats; grain-based food bars; ready-to-eat oat-based food bars, crackers; prepared or frozen meals not included in other classes consisting primarily of rice, grains, or pasta which also include a combination of either meat, soy, poultry, seafood, vegetables, fruits, tofu, and/or cheese; sauces; sauces to add to beverages; dipping sauces; ready-made sauces; salad dressings, fruit sauces excluding cranberry sauce and applesauce; vegetable sauces; aromatic preparations for use with food in the nature of flavouring syrups to add to beverages, such as with coffee, namely, chocolate or caramel syrup ] |
| Goods and Services | [ Milk, flavored milk, milkshakes and milk based beverages containing fruits; soy milk; fruit jams; compote, jellies, bread spreads, namely, cheese, dairy-based, fruit-based, jellies, legume-based, meat-based, nut based, and vegetable based; preserved fruit and vegetables, prepared meals or frozen meals as far as not included in other classes consisting primarily of meat, soy, poultry, seafood, vegetables, fruits, tofu, and/or cheese which also include a combination of either pasta, rice, or grains; yogurt and whipping cream; prepared nuts, seasoned nuts, roasted nuts; food bars based on soy; nut milk and nut juice for use as a milk substitute ] |
| Goods and Services | [ Nutritionally fortified beverages for medical use; meal replacement and dietary supplement drink mixes for medical use; nutritional supplements in the form of foods bars for medical use; dietary food supplements for medical use; dietary fiber supplements for medical use for human consumption; fruit-flavored dietary supplement drink mixes for medical use in powder form; nutritional supplement drink mixes for medical use in powder from; vitamin and mineral supplements; vitamin fortified beverages for medical use ] |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | [ Business administration; business management; administrative supporting services, namely, providing assistance in the establishment and/or operation of restaurants, cafes, coffee houses and snack bars in relation to franchising; retail store services in the field of coffee, tea, cocoa, non-alcoholic beverages including fruit juice, vegetable juice, water, packaged and prepared foods, nutritional supplements and dietary supplements, electric and non-electric appliances, housewares, kitchenware, clocks, watches, stop watches, books, musical recordings, blank books, tote bags, purses, book bags, valises and umbrellas, all made of cloth, plastic, or leather, key fobs of leather, clothing, headwear, caps and hats, games and puzzles; ] wholesale business mediation of trade business for third parties in the field of [ coffee, tea, cocoa, ] non-alcoholic beverages including fruit juice, vegetable juice [, water, packaged and prepared foods, nutritional supplements and dietary supplements, electric and non-electric appliances, housewares, kitchenware, clocks, watches, stop watches, books, musical recordings, blank books, tote bags, purses, book bags, valises and umbrellas, all made of cloth, plastic, or leather, key fobs of leather, clothing, headwear, caps and hats, games and puzzles; business management and administrative ordering services in relation to mail order services and mail order catalog services, computerized online ordering services, computerized online retail store services, online ordering services and online retail store services all in the field of coffee, tea, cocoa, non-alcoholic beverages including fruit juice, vegetable juice, water, packaged and prepared foods, nutritional supplements and dietary supplements, electric and non-electric appliances, housewares, kitchenware, clocks, watches, stop watches, blank books, musical recordings, books, tote bags, purses, book bags, valises and umbrellas, all made of cloth, plastic, or leather, key fobs of leather, clothing, headwear, caps and hats, games and puzzles; the bringing together, for the benefit of others, of a variety of goods excluding the transport thereof, enabling customers to conveniently view, compose a gift list, and purchase those goods in the field of general consumer merchandise ] |
| NOT AVAILABLE | "FRESH" FOR THE GOODS/SERVICES IN INTERNATIONAL CLASSES 5, 29, 30, 31, 32 AND 43, AND FOR THE FOLLOWING SERVICES IN INTERNATIONAL CLASS 35, "NAMELY, RETAIL STORE SERVICES IN THE FIELD OF COFFEE, TEA, COCOA, NON-ALCOHOLIC BEVERAGES INCLUDING FRUIT JUICE, VEGETABLE JUICE, WATER, PACKAGED AND PREPARED FOODS, NUTRITIONAL SUPPLEMENTS AND DIETARY SUPPLEMENTS, WHOLESALE BUSINESS MEDIATION IN COFFEE, TEA, COCOA, NON-ALCOHOLIC BEVERAGES INCLUDING FRUIT JUICE, VEGETABLE JUICE, WATER PACKAGED AND PREPARED FOODS, NUTRITIONAL SUPPLEMENTS AND DIETARY SUPPLEMENTS; BUSINESS MANAGEMENT AND ADMINISTRATIVE ORDERING IN RELATION TO MAIL ORDER SERVICES AND MAIL ORDER CATALOG SERVICES, COMPUTERIZED ONLINE ORDERING SERVICES, COMPUTERIZED ONLINE RETAIL STORE SERVICES, ONLINE ORDERING SERVICES AND ONLINE RETAIL STORE SERVICES ALL IN THE FIELD OF COFFEE, TEA, COCOA, NON-ALCOHOLIC BEVERAGES INCLUDING FRUIT JUICE, VEGETABLE JUICE, WATER PACKAGED AND PREPARED FOODS, NUTRITIONAL SUPPLEMENTS AND DIETARY SUPPLEMENTS; THE BRINGING TOGETHER, FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS EXCLUDING THE TRANSPORT THEREOF, ENABLING CUSTOMERS TO CONVENIENTLY VIEW, COMPOSE A GIFT LIST, AND PURCHASE THOSE GOODS IN THE FIELD OF GENERAL CONSUMER MERCHANDISE" |
| Goods and Services | Fruit juices; fruit and juice based beverages; fruit drinks [ and soft drinks containing fruit juices; frozen fruit beverages and frozen fruit-based beverages; ] fruit concentrates and purees used as ingredients of beverages; [ beverage concentrates and syrups for making frozen blended beverages; sparkling fruit and juice based beverages and soda beverages; ] vegetable-fruit juices; vegetable-based beverages; beverages containing vegetable juices [ ; liquid and powdered beverage mixes; flavoring syrups for making tea and herbal tea-based beverages; water, mineral water, sparkling water, drinking water with vitamins, and other non-alcoholic drinks; soft drinks; soda pop beverages; flavoring syrups for making beverages; flavored and unflavored bottled waters; energy drinks; soy-based beverages not being milk substitutes; soy drinks and soy-based beverages not being milk substitutes; nut juice beverages not being milk substitutes ] |
| Goods and Services | [ Restaurant, cafe, cafeteria, snack bar, carry out restaurants, take out restaurants; catering services; contract catering services; food preparation; carry out restaurant services ] |
| Goods and Services | [ Fresh fruit or vegetables, raw fruit or vegetables, unprocessed grains for eating, excluding alfalfa, onion, and wheat; unprocessed nuts for eating; oats, namely, unprocessed oats ] |
| 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 | B - Sec. 8 - Class(es) in a Multiple Class registration |
| Class Status Date | Friday, May 11, 2012 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | B - Sec. 8 - Class(es) in a Multiple Class registration |
| Class Status Date | Friday, May 11, 2012 |
| 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 | B - Sec. 8 - Class(es) in a Multiple Class registration |
| Class Status Date | Friday, May 11, 2012 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. |
| US Class Codes | 001, 046 |
| Class Status Code | B - Sec. 8 - Class(es) in a Multiple Class registration |
| Class Status Date | Friday, May 11, 2012 |
| Primary Code | 031 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Friday, May 11, 2012 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, May 11, 2012 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | B - Sec. 8 - Class(es) in a Multiple Class registration |
| Class Status Date | Friday, May 11, 2012 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | EVOLUTION FRESH, LLC |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | BAKERSFIELD, CA 93307 |
| Party Name | Evolution Fresh, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Bakersfield, CA 93307 |
| Party Name | Evolution Fresh, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | San Bernadino, CA 92408 |
| Party Name | Evolution Fresh, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | San Bernadino, CA 92408 |
| Event Date | Event Description |
| Tuesday, March 5, 2013 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, May 8, 2012 | NEW APPLICATION ENTERED |
| Friday, May 11, 2012 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Saturday, August 25, 2012 | ASSIGNED TO EXAMINER |
| Wednesday, September 5, 2012 | NON-FINAL ACTION WRITTEN |
| Wednesday, September 5, 2012 | NON-FINAL ACTION E-MAILED |
| Wednesday, September 5, 2012 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, May 6, 2014 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, March 5, 2013 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, March 5, 2013 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, April 10, 2013 | SUSPENSION LETTER WRITTEN |
| Wednesday, April 10, 2013 | LETTER OF SUSPENSION E-MAILED |
| Wednesday, April 10, 2013 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Tuesday, October 15, 2013 | ASSIGNED TO LIE |
| Thursday, October 17, 2013 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Friday, April 18, 2014 | ASSIGNED TO LIE |
| Wednesday, April 23, 2014 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| Tuesday, May 6, 2014 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, August 12, 2014 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, June 13, 2014 | SUSPENSION LETTER WRITTEN |
| Friday, June 13, 2014 | LETTER OF SUSPENSION E-MAILED |
| Friday, June 13, 2014 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Monday, July 7, 2014 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| Thursday, July 10, 2014 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, July 10, 2014 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, July 31, 2014 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, August 7, 2014 | ASSIGNED TO LIE |
| Wednesday, September 17, 2014 | NON-FINAL ACTION WRITTEN |
| Wednesday, September 17, 2014 | NON-FINAL ACTION E-MAILED |
| Wednesday, September 17, 2014 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, November 18, 2014 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Tuesday, August 26, 2014 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Wednesday, September 3, 2014 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Monday, November 3, 2014 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, November 7, 2014 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, November 7, 2014 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Saturday, November 15, 2014 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, December 31, 2014 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Tuesday, January 13, 2015 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Tuesday, December 2, 2014 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Thursday, December 11, 2014 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Wednesday, December 17, 2014 | NON-FINAL ACTION WRITTEN |
| Wednesday, December 17, 2014 | NON-FINAL ACTION E-MAILED |
| Wednesday, December 17, 2014 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, December 30, 2014 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, December 30, 2014 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, December 30, 2014 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, December 30, 2014 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Saturday, March 14, 2015 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Thursday, January 29, 2015 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Monday, March 2, 2015 | NON-FINAL ACTION WRITTEN |
| Monday, March 2, 2015 | NON-FINAL ACTION E-MAILED |
| Monday, March 2, 2015 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, March 11, 2015 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, March 11, 2015 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, March 11, 2015 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, March 11, 2015 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, April 1, 2015 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, April 21, 2015 | PUBLISHED FOR OPPOSITION |
| Tuesday, July 7, 2015 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, April 21, 2015 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Friday, June 26, 2020 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Friday, June 26, 2020 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, June 26, 2020 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Friday, June 26, 2020 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, June 26, 2020 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, July 7, 2020 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Wednesday, June 23, 2021 | TEAS SECTION 8 & 15 RECEIVED |
| Monday, October 4, 2021 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Monday, October 4, 2021 | REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. |
| Monday, October 4, 2021 | NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED |
| Friday, August 19, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, August 19, 2022 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Monday, October 4, 2021 | NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - MAILED |
| Friday, August 19, 2022 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, August 19, 2022 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Friday, August 19, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, October 20, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, October 20, 2022 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, October 20, 2022 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, October 20, 2022 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, October 20, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, May 16, 2023 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, May 16, 2023 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, May 16, 2023 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, November 8, 2023 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| Thursday, May 23, 2024 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Sunday, July 7, 2024 | COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED |