| Serial Number | 77084428 |
| Word Mark | JOE'S DOWNRIGHT HEALTHY FOODS |
| Filing Date | Wednesday, January 17, 2007 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, April 14, 2017 |
| Registration Number | 3843464 |
| Registration Date | Tuesday, September 7, 2010 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, June 22, 2010 |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "HEALTHY FOODS" |
| Description of Mark | The mark consists of a partial caricature of a man, showing his shoulders and head, wearing a hat. Adjacent to the caricature is the wording "JOE'S" and the wording "DOWNRIGHT HEALTHY FOODS" enclosed in a rectangular carrier. |
| Goods and Services | Dairy based beverages; edible nuts, namely, candied nuts, shelled nuts, roasted nuts and processed nuts; processed salted, unsalted and flavored nuts; processed edible seeds; processed pumpkin and sunflower seeds; dried fruit, dried fruit mixes, dried fruit and nut mixes, and fruit chips; trail mixes containing dried fruits, seeds and nuts; preserved fruits; sugared fruits, namely, crystallized fruit and candied fruits; dried prunes, dates, raisins and coconut; glazed fruits, glazed cherries, jams and jellies; soup mixes; condiments, namely, pepper oil; sauces, namely, cranberry sauce; spreads, namely, cheese spreads, fruit-based spreads, vegetable-based spreads, meat-based spreads, garlic-based spreads, hummus; dips, namely, bean dip, dairy-based dip, and snack dip; snack foods, namely, potato chips; baking goods, namely, fruit-based fillings for cakes and pies; unflavored and unsweetened gelatins; frozen entrees consisting primarily of meat, fish, poultry or vegetables; frozen vegetarian entrees consisting primarily of vegetable-based entrees; frozen fruits and vegetables; prepared foods, namely, prepared vegetarian entrees consisting primarily of vegetable-based entrees, prepared entrees consisting primarily of fish, meat, poultry or vegetables; canned goods, namely, canned vegetables, canned fish, canned fruit, and canned cooked meat; edible oils for human consumption; lentils; pulses; pickled fruits and vegetables; peanut butter and nut butters; soy-based foods, namely, soy-based chips, soy-based food bars, soy-based snack food; bouillon cubes; Fresh salted, unsalted and flavored nuts; fruit based snack food; potato chips |
| Goods and Services | Tea-based beverages with fruit flavoring; coffee, coffee beans; coffee, espresso and cappuccino mixes containing coffee powder; loose and bagged black, green and herbal teas; chocolate covered nuts; confectionery, namely, chocolate and candy; spices and seasonings; condiments, namely, pepper sauce, ketchup, mustard, mayonnaise, relish; sauces, namely, chili sauce, hot sauce, dipping sauces, barbeque sauces, pizza sauce, fish sauce, tomato sauce, teriyaki sauce, soy sauce, tamari sauce, tartar sauce, steak sauce, and ready-made sauces; vinegar, salsa; uncooked pasta and noodles, including egg noodles; salad dressings; spreads, namely, cocoa spreads and spreads containing chocolate and nuts; snack foods, namely, puffed corn snacks, sesame sticks, crackers, wafers, cheese flavored snacks, namely, puffed cheese balls and puffed rice, corn-based snacks, pretzels, cookies, biscuits, tortilla chips, corn chips; croutons; baking goods, namely, cake mixes, muffin mixes, brownie mixes, pastry mixes, chocolate chips, peanut butter confectionery chips, candy mints, baking powder, baking soda, crust mixes for pies, fruit jelly powders, graham cracker crumbs, corn starch, vanilla extracts used as a flavoring, yeast, cocoa powder, flours, and white, brown and raw sugar and sugar substitutes; baking goods, namely, candy cake decorations; syrups, namely, corn syrups, maple syrups, pancake syrups, table syrups, topping syrups, molasses, flavoring syrups, chocolate syrups; extracts, namely, natural and artificial extracts used as a flavoring; flavored and sweetened gelatins; marshmallows; popped and popping corn of various flavors, microwaveable popcorn, seasonings for popcorn; frozen entrees consisting primarily of pasta or rice; processed grains; processed cereals; rolled oats and oatmeal; wheat germ; rice; peanut brittle; honey; bread crumbs and graham crumbs; ready to eat cereals; cereal derived food bars; gravy mixes and bases; cereal based snack food; wheat based snack food; rice based snack food |
| Goods and Services | Edible nuts, namely, fresh nuts, raw nuts and unprocessed nuts; unprocessed edible seeds; unprocessed grains; unprocessed cereals |
| Goods and Services | Non-alcoholic beverages, namely, carbonated beverages, beverages containing fruit juice, low calorie soft drinks, non-alcoholic beverages with tea flavor, fruit juices, fruit drinks, vegetable juices, vegetable drinks, fruit and vegetable juices, fruit and vegetable drinks; bottled water; beverage powders and crystals, namely, used in the preparation of fruit drinks; colas; sodas in the nature of soda water, and flavored soda water; carbonated and non-carbonated soft drinks; syrups, namely, syrups for making beverages; soy-based beverages not being milk substitutes |
| Name/Portrait Description and/or Consent Statement | The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual. |
| 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, April 14, 2017 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, April 14, 2017 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, April 14, 2017 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, April 14, 2017 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Downright Healthy Foods L.P. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 13 - Limited Partnership |
| Address | Toronto M3J2Z6 CA |
| Party Name | Downright Healthy Foods L.P. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 13 - Limited Partnership |
| Address | Toronto M3J2Z6 CA |
| Party Name | Downright Healthy Foods L.P. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 13 - Limited Partnership |
| Address | Toronto M3J2Z6 CA |
| Event Date | Event Description |
| Friday, April 14, 2017 | CANCELLED SEC. 8 (6-YR) |
| Tuesday, September 7, 2010 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, June 22, 2010 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, June 22, 2010 | PUBLISHED FOR OPPOSITION |
| Monday, May 17, 2010 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Monday, May 17, 2010 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, May 17, 2010 | EXAMINER'S AMENDMENT ENTERED |
| Monday, May 17, 2010 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, May 17, 2010 | EXAMINERS AMENDMENT E-MAILED |
| Monday, May 17, 2010 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, May 12, 2010 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Friday, May 7, 2010 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Wednesday, April 28, 2010 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, April 28, 2010 | ASSIGNED TO LIE |
| Friday, April 16, 2010 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, April 12, 2010 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, April 12, 2010 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, April 12, 2010 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| Monday, October 26, 2009 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Monday, October 26, 2009 | LETTER OF SUSPENSION E-MAILED |
| Monday, October 26, 2009 | SUSPENSION LETTER WRITTEN |
| Friday, October 23, 2009 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, October 23, 2009 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, October 20, 2009 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| Tuesday, April 28, 2009 | NOTIFICATION OF INQUIRY AS TO SUSPENSION E-MAILED |
| Tuesday, April 28, 2009 | INQUIRY TO SUSPENSION E-MAILED |
| Tuesday, April 28, 2009 | SUSPENSION INQUIRY WRITTEN |
| Tuesday, October 28, 2008 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Tuesday, October 28, 2008 | LETTER OF SUSPENSION E-MAILED |
| Tuesday, October 28, 2008 | SUSPENSION LETTER WRITTEN |
| Tuesday, October 28, 2008 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, October 28, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, October 24, 2008 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| Tuesday, May 6, 2008 | NOTIFICATION OF INQUIRY AS TO SUSPENSION E-MAILED |
| Tuesday, May 6, 2008 | INQUIRY TO SUSPENSION E-MAILED |
| Tuesday, May 6, 2008 | SUSPENSION INQUIRY WRITTEN |
| Tuesday, May 6, 2008 | LIE CHECKED SUSP - TO ATTY FOR ACTION |
| Tuesday, May 6, 2008 | ASSIGNED TO LIE |
| Tuesday, November 6, 2007 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Tuesday, November 6, 2007 | LETTER OF SUSPENSION E-MAILED |
| Tuesday, November 6, 2007 | SUSPENSION LETTER WRITTEN |
| Tuesday, November 6, 2007 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, November 6, 2007 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, November 6, 2007 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, November 6, 2007 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, November 5, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, November 5, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, November 5, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, September 27, 2007 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, May 7, 2007 | NON-FINAL ACTION E-MAILED |
| Monday, May 7, 2007 | NON-FINAL ACTION WRITTEN |
| Monday, May 7, 2007 | ASSIGNED TO EXAMINER |
| Tuesday, January 23, 2007 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Monday, January 22, 2007 | NEW APPLICATION ENTERED IN TRAM |