| Serial Number | 98133748 |
| Word Mark | HAPPINESS FOODS |
| Filing Date | Tuesday, August 15, 2023 |
| Status | 686 - PUBLISHED FOR OPPOSITION |
| Status Date | Tuesday, October 8, 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 8, 2024 |
| Goods and Services | sprouted salads in the nature of processed-grains salads, pasta salads, and rice salads; sprouted sandwich wraps; sprouted bagels; sprouted corn-based, flour-based and grain-based chips; salsa; dessert puddings; sprouted processed seeds used as a flavoring for foods and beverages; processed grains; fermented herbs, fermented hot pepper paste, fermented tea, cereal bars, corn- and flour- and grain-based chips, chocolate bars, chocolate-based meal replacement bars, cookies, combination meals consisting primarily of pasta or rice-based entrees and soup or salad for consumption on or off the premises, crackers, croutons, bakery desserts, dressings for salad, coffee drinks, tea, and hot-cocoa drinks, fermenting malted rice, fermented hot pepper paste for use as a seasoning, frozen juice bars, frozen pizza crusts, frozen pizza crusts made of cauliflower, fruit ice bars, granola, granola-based snack bars, high-protein cereal bars, jerk sauce, muesli bars, pasta sauce, pesto sauce, pita chips, pizza crust, pizza crust mixes, pizza sauce, pretzel chips, processed cereal-based food to be used as a breakfast food or as a snack food or as an ingredient for making other foods, quinoa-based food bars, pasta and rice salads, sandwich wraps, granola snacks, spaghetti sauce, tomato sauce, sprouted crackers, sprouted croutons, sprouted cookies, sprouted cereal-based energy bars, sprouted pies and bakery desserts, cultured salad dressings, sprouted processed grains, seed flours, sprouted pasta, sprouted flour, sprouted bread, sprouted pie crusts, sprouted pizza crusts, sprouted muffins, sprouted cakes, sprouted cupcakes, sprouted donuts, sprouted pastries, sprouted pies; fermented drinks being tea |
| Goods and Services | entertainment services in the nature of arranging, organizing, conducting, and hosting in-person and online social entertainment events; education services, namely, providing on-line classes, lectures, presentations, seminars, and workshops in the fields of cooking, digestion, gut-brain connection, and food preparation techniques, namely, sprouting, fermenting, culturing, and dehydrating, and in the fields of mindful eating, nutrition, and nutritional psychology; education services, namely, providing in-person classes, lectures, presentations, seminars, and workshops in the fields of digestion, gut-brain connection, and food preparation techniques, namely, sprouting, fermenting, culturing, and dehydrating, and in the fields of mindful eating, nutrition, and nutritional psychology |
| Description of Mark | The mark consists of a design of a smiley faced oval shaped character with glasses above the words "HAPPINESS FOODS". |
| Goods and Services | magnets; pre-recorded video discs, video recordings, and pre-recorded video tapes featuring classes, lectures, presentations, seminars, and workshops in the fields of cooking, digestion, gut-brain connection, and food preparation techniques, namely, sprouting, fermenting, culturing, and dehydrating, and in the fields of mindful eating, nutrition, and nutritional psychology; digital applications, namely recorded and downloadable software for educational purposes containing recipes, demonstrations, and purchasing advice, all in the fields of mindful eating, nutrition, and nutritional psychology |
| Goods and Services | textile shopping bags, and tote bags |
| Goods and Services | almond milk, apple chips, banana chips, cheese, coconut milk, fermented baked milk, fermented bamboo shoots boiled and preserved in salt, fermented bean curd, fermented black garlic, fermented fruit, fermented milk, fermented soybeans, fermented vegetables, fish burger patties, fresh un-ripened cheeses, fruit-based raw food bars, fruit-based meal replacement bars, hemp milk used as a milk substitute, instant or pre-cooked soup, kale chips, Korean-style fermented soybeans, milk, milk beverages with milk predominating, milk ferments for culinary purposes, miso soup, nut-based snack bars, oat milk, plantain chips, potato chips, pre-cooked soup, protein milk, raw non-dairy cheese made from fermented cashews, ripened cheeses; salted and fermented seafood, seed-based snack bars, soup mixes, soup pastes, soup concentrates, soups and preparations for making soups, soy-based food bars, soy burger patties, soy chips, soy milk, tofu burger patties, turkey burger patties, vanilla milk, vegetable-based raw food bars, vegetable chips, vegetable soup, veggie burger patties, whey chips, dips, hummus, beef patties, fruit salads and vegetable salads, sauerkrauts, sprouted salads in the nature of garden salads and fruit salads and vegetable salads, sprouted hummus, sprouted fruit nuggets, sprouted vegetable nuggets, sprouted fruit chips, sprouted vegetable chips, sprouted vegetable patties containing any of legumes and/or grains and/or nuts and/or or seeds, sprouted falafel, seed milks for use as a milk substitute, guacamole, vegetable puddings, sprouted nut and seed pates, sprouted processed nuts, sprouted processed edible seeds not being seasonings or flavorings and including flavored sprouted pumpkin seeds, sprouted soups, cultured soups, pickles, kimchi, cured olives, dried edible mushroom powder, fruit leathers and cultured fruit leathers; cultured drinks based on yogurt |
| Goods and Services | markers, pencils, pens, and stickers, printed educational cookbooks and printed consumer cookbooks, printed children's books, printed coloring books, printed project books, blank writing journals, printed diaries |
| Goods and Services | apparel, namely, aprons, caps being headwear, hats, jackets, pants, shirts, sweatshirts, t-shirts and tops as clothing |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | on-line ordering services in the field of restaurant take-out and delivery |
| Goods and Services | sprouting, culturing, and fermenting equipment, namely, fermentation apparatus for home purposes |
| Goods and Services | fermented tonic liqueurs; fermented tonic liqueurs |
| Goods and Services | providing a web site featuring educational medical information regarding digestion, gut-brain connection, mindful eating, nutrition, and nutritional psychology |
| NOT AVAILABLE | "FOODS" as to Classes 9, 16, 21, 29, 30, 31, 32, 33, 35, 41, 43, and 44 |
| Goods and Services | insulated cooler bags for food or beverage for domestic use; bowls, cookie jars, cutting boards, earthenware jars, glass jars, mason jars, non-electric portable coolers |
| Goods and Services | restaurant and café services; cafeteria services; food preparation services featuring fresh, properly proportioned, healthy meals designed to fuel metabolism and burn fat and made to order for delivery or pick up; food preparation services for delivery or pick up; food preparation services featuring fresh, properly proportioned, nutritious meals designed to enhance digestion, metabolism, and overall health for delivery or pick up; pop-up restaurant services; providing food and drink via a pop-up location; providing a web site featuring educational information regarding recipes and food preparation techniques, namely, sprouting, fermenting, culturing, and dehydrating |
| Goods and Services | soft drinks flavored with tea; fruit juice, vegetable juice, and fruit-and-vegetable juice, smoothies, aerated water, bottled water, mineral water, spring water, sparkling water, cashew juice, fermented cabbage with fruit juice, fermented cabbage with vegetable juice, fermented drinks being soda pops, cultured drinks being soda pops, sprouted smoothies, cultured smoothies |
| Goods and Services | sprouting, culturing, and fermenting supplies, namely, seeds for agricultural purposes, unprocessed nuts, agricultural grains for planting, and fresh legumes |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, September 13, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 011 - Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes. |
| US Class Codes | 013, 021, 023, 024, 031, 034 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, September 13, 2023 |
| Primary Code | 011 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
| US Class Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, September 13, 2023 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 018 - Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. |
| US Class Codes | 001, 002, 003, 022, 041 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, September 13, 2023 |
| Primary Code | 018 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 021 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. |
| US Class Codes | 002, 013, 023, 029, 030, 033, 040, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, September 13, 2023 |
| Primary Code | 021 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, September 13, 2023 |
| Primary Code | 025 |
| 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 | 6 - Active |
| Class Status Date | Wednesday, September 13, 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 | Wednesday, September 13, 2023 |
| 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 | 6 - Active |
| Class Status Date | Friday, July 12, 2024 |
| 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 | Wednesday, September 13, 2023 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, September 13, 2023 |
| Primary Code | 033 |
| 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 | Wednesday, September 13, 2023 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, September 13, 2023 |
| Primary Code | 041 |
| 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 | 6 - Active |
| Class Status Date | Wednesday, September 13, 2023 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, September 13, 2023 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Sprout & Kraut LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | New York, NY 10023 |
| Party Name | Sprout & Kraut LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | New York, NY 10023 |
| Event Date | Event Description |
| Friday, August 18, 2023 | NEW APPLICATION ENTERED |
| Monday, April 15, 2024 | ASSIGNED TO EXAMINER |
| Wednesday, September 13, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, September 14, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, May 1, 2024 | NON-FINAL ACTION WRITTEN |
| Wednesday, May 1, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, May 1, 2024 | NON-FINAL ACTION E-MAILED |
| Friday, July 12, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, July 12, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, July 12, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, August 15, 2024 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, August 15, 2024 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, August 15, 2024 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, August 15, 2024 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, September 3, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, September 18, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, October 8, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, October 8, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |