| Serial Number | 85331653 |
| Word Mark | MIXED NUTS INC. DRY ROASTERS |
| Filing Date | Thursday, May 26, 2011 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, November 1, 2019 |
| Registration Number | 4309680 |
| Registration Date | Tuesday, March 26, 2013 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, September 11, 2012 |
| Indication of Colors claimed | The color(s) yellow, white, black, red, green, purple is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "MIXED NUTS INC." AND "DRY ROASTERS" |
| Description of Mark | The mark consists of The word "MIXED" in capital stylized yellow letters on the first row slightly left of the middle of the mark. The word "NUTS" is in capitalized stylized yellow letters on the second row starting toward the middle of the mark and below the word "MIXED". The abbreviation "INC." in capitalized black letters, the letter "I" being slightly larger (i.e. approximately 1/10th) than the letters "NC" and with a period at the end of "INC". The word "INC" is directly to the right of the word "NUTS" on the same horizontal line albeit smaller. The words "DRY ROASTERS" are in capitalized stylized yellow letters over a black background that is in elongated oval shape expanding the length of the words "DRY ROASTERS" and sitting right at the center of the bottom of the mark. On the left of the mark in the space remaining open from the words indicated above there is a variety of nuts in three different colors: mostly yellow, next red and a small bit of green. The mixed nuts include a cashew (yellow), a pistachio (yellow outside and green inside), an almond (red), a macadamia nut (yellow), a peanut with its shell (yellow), a peanut without shell (yellow) and other nuts that are not easy to distinguish. On the right of the mark, there is a man in historical costume that is stepping on the black background behind the word "DRY ROASTERS" with his left foot (having crossed his right foot behind his left) and wearing a yellow turban with a diamond in the middle. The man's face and his shirt are green. He is wearing black genie pants and shoes, a yellow vest and a purple cummerbund. The man is supporting a goatee with a mustache and has looped earrings all in black. The man is leaning over to the letter "D" of the word "MIXED" with his right hand and left hand is on his left hip. |
| Goods and Services | Snack food items, namely, processed nuts, processed edible seeds, dried fruits, fruit-based snack food, and snack mix consisting primarily of processed fruits, processed nuts and/or raisins |
| Pseudo Mark | MIXED NUTS INCORPORATED DRY ROASTERS |
| 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, November 1, 2019 |
| Primary Code | 029 |
| First Use Anywhere Date | Thursday, September 1, 2011 |
| First Use In Commerce Date | Thursday, September 1, 2011 |
| Party Name | MIXED NUTS, INC. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Vernon, CA 90058 |
| Party Name | MIXED NUTS, INC. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Vernon, CA 90058 |
| Party Name | MIXED NUTS, INC. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Vernon, CA 90058 |
| Event Date | Event Description |
| Friday, November 1, 2019 | CANCELLED SEC. 8 (6-YR) |
| Monday, March 26, 2018 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Tuesday, March 26, 2013 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, February 20, 2013 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED |
| Tuesday, February 19, 2013 | LAW OFFICE REGISTRATION REVIEW COMPLETED |
| Tuesday, February 19, 2013 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Monday, January 28, 2013 | STATEMENT OF USE PROCESSING COMPLETE |
| Tuesday, January 8, 2013 | USE AMENDMENT FILED |
| Monday, January 28, 2013 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Tuesday, January 8, 2013 | TEAS STATEMENT OF USE RECEIVED |
| Tuesday, November 6, 2012 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, September 11, 2012 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, September 11, 2012 | PUBLISHED FOR OPPOSITION |
| Wednesday, August 22, 2012 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Friday, August 3, 2012 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, August 3, 2012 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, August 2, 2012 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, August 2, 2012 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, August 2, 2012 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, August 2, 2012 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, July 12, 2012 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, July 12, 2012 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, July 6, 2012 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, April 13, 2012 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, April 13, 2012 | NON-FINAL ACTION E-MAILED |
| Friday, April 13, 2012 | NON-FINAL ACTION WRITTEN |
| Thursday, March 22, 2012 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, March 22, 2012 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, March 16, 2012 | ASSIGNED TO LIE |
| Thursday, March 1, 2012 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, September 14, 2011 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, September 14, 2011 | NON-FINAL ACTION E-MAILED |
| Wednesday, September 14, 2011 | NON-FINAL ACTION WRITTEN |
| Tuesday, September 13, 2011 | ASSIGNED TO EXAMINER |
| Friday, June 3, 2011 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Thursday, June 2, 2011 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |