| Serial Number | 88651311 |
| Word Mark | SLEEP BETTERX |
| Filing Date | Friday, October 11, 2019 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, October 4, 2021 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 5000 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, August 4, 2020 |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Description of Mark | The mark consists of the word "SLEEP" above the word "BETTER" in all capital letters with the letter "X" below and to the right, connected to the letter "R". |
| Goods and Services | bath additives, namely, bath beads, bath bombs, bath crystals and bubble bath; bath herbs; bath oils; bath oils for cosmetic purposes; beauty care cosmetics; beauty creams for body care; beauty gels; beauty lotions; body and beauty care cosmetics; body creams; body oils; cosmetic creams; cosmetic oils; cosmetics and make-up; face and body lotions; face and body milk; face lotion; hair care preparations; hair styling preparations; hand cream; hand lotions; non-medicated lip care preparations; non-medicated lip conditioners; lip glosses; non-medicated liquid soaps; massage creams; massage oils; non-medicated bubble bath preparations; non-medicated preparations for the care of hair; non- medicated preparations for the care of skin; non-medicated preparations for the care of the scalp; non-medicated skin care preparations; non- medicated skin care preparations for skin brightening; non-medicated skin care preparations for reducing inflammation; oils for toiletry purposes; skin creams; skin emollients; skin lotions; skin soap; non-medicated soaps for body care; non-medicated soaps for personal use; breath freshening sprays; eye compresses for cosmetic purposes; eye creams, lotions and gels for cosmetic purposes; eye pads and patches for cosmetic use, namely, eye compresses and gel eye patches for cosmetic purposes; sachet-like eye pillows containing fragrances; all of the foregoing either containing CBD oil derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis or not containing any CBD or cannabis ingredients |
| Goods and Services | Medicated oils, salves, and concentrated pastes, namely, medicated skin care preparations; Medicated oils, salves, and concentrated pastes, namely, medicated skin care preparations, all of the foregoing containing hemp oil derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis and containing only trace amounts of naturally occurring CBD; Medicated oils, salves, and concentrated pastes, namely, medicated skin care preparations, all of the foregoing containing industrial hemp seed oil; Oils, salves, concentrated pastes, tinctures, tablets and capsules, namely, nutritional supplements; Oils, salves, concentrated pastes, tinctures, tablets and capsules, namely, nutritional supplements each containing oils derived from industrial hemp seed oil; Nutraceuticals for medicinal purposes for use as a dietary supplement derived from industrial hemp seed oil; Nutraceuticals for wellness purposes for use as a dietary supplement; Nutraceuticals for wellness purposes for use as a dietary supplement derived from industrial hemp seed oil; Medicated topical skin creams, bar and liquid soaps, bath additives being bath salts, bath herbs, bath oils, body creams, body oils, face and body lotions, face and body milk, face lotion, and skin care preparations each containing industrial hemp seed oil; Medicated topical skin creams, bar and liquid soaps, bath additives being bath salts, bath herbs, bath oils, body creams, body oils, face and body lotions, face and body milk, face lotion, and skin care preparations each containing hemp oil derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis and containing only trace amounts of naturally occurring CBD; Personal sexual lubricants; Personal sexual lubricants containing hemp oil derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis and containing only trace amounts of naturally occurring CBD; Medicated transdermal patches containing industrial hemp seed oil for use in the treatment of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid, for appetite stimulation, for management of opioid addiction and relief of epilepsy; Medicated transdermal patches containing hemp oil derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis and containing only trace amounts of naturally occurring CBD for use in the treatment of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid, for appetite stimulation, for management of opioid addiction and relief of epilepsy; Medicated oils containing hemp oil derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis and containing only trace amounts of naturally occurring CBD; Medicated oils derived from industrial hemp seed oil; Oral sprays for medicinal use for the mouth containing industrial hemp seed oil; Veterinary preparations for medicinal use containing industrial hemp seed oil for the treatment of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, as a sleep aid, and for appetite stimulation; Veterinary preparations for medicinal use containing hemp oil derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis and containing only trace amounts of naturally occurring CBD for the treatment of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, as a sleep aid, and for appetite stimulation; Eye pads and patches for reducing inflammation and swelling, namely, anti-inflammatories; medicated skin care preparations for reducing inflammation |
| Goods and Services | Downloadable electronic publications, namely, newsletters, brochures, reports and guides in the field of cannabis |
| Goods and Services | Printed publications, namely, newsletters, brochures, reports and guides in the field of cannabis |
| Goods and Services | Glass jars |
| Goods and Services | Athletic apparel, namely, shirts, shorts, jerseys, uniforms and hats; baseball caps; beachwear; caps being headwear; casual wear, namely, shirts, shorts, pants and dresses; coveralls; flip-flops; gloves; golf caps; golf shirts; hats; headbands; long-sleeved t-shirts; mittens; novelty hats; sandals; shirts; sweatshirts; toques; t-shirts |
| Goods and Services | Industrial hemp seed edible oil; Food products, namely, butter; Food products containing industrial hemp seed oil, namely, butter; none of the foregoing containing CBD |
| Goods and Services | Food products, namely, chocolates, cookies, brownies, candy, candy mints, gummy candies and cereal based food energy bars; Food products containing industrial hemp seed oil, namely, chocolates, cookies, brownies, candy, candy mints, gummy candies and cereal based food energy bars; Tea; none of the foregoing containing CBD |
| Goods and Services | Smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks; Smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing industrial hemp seeds or industrial hemp seed oil; Powders for use in the preparation of fruit-based beverages, energy drinks and soft drinks; Powders for use in the preparation of fruit-based beverages, energy drinks and soft drinks each containing industrial hemp seeds or industrial hemp seed oil; none of the foregoing containing CBD |
| Goods and Services | Retail store and wholesale store services featuring industrial hemp products not containing CBD and topical cosmetic CBD products containing CBD oil derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis; Online retail store services featuring dietary supplements not containing CBD, industrial hemp products not containing CBD, and topical cosmetic CBD products containing CBD oil derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis |
| Goods and Services | Providing a website featuring entertainment information in the field of cannabis and hemp culture; Providing news via a website in the nature of current event reporting relating to cannabis and hemp culture; non-downloadable electronic publications, namely, newsletters, brochures, reports and guides in the field of cannabis |
| Goods and Services | Providing a website featuring medical and agricultural information in the field of cannabis |
| Pseudo Mark | SLEEP BETTER X |
| International Class | 003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| US Class Codes | 001, 004, 006, 050, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, October 17, 2019 |
| Primary Code | 003 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | 6 - Active |
| Class Status Date | Thursday, October 17, 2019 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Thursday, October 17, 2019 |
| Primary Code | 009 |
| 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 | Thursday, October 17, 2019 |
| Primary Code | 016 |
| 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 | Thursday, October 17, 2019 |
| 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 | Thursday, October 17, 2019 |
| 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 | Thursday, October 17, 2019 |
| 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 | Thursday, October 17, 2019 |
| Primary Code | 030 |
| 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 | Thursday, October 17, 2019 |
| 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 | Thursday, October 17, 2019 |
| 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 | Thursday, October 17, 2019 |
| Primary Code | 041 |
| 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 | Thursday, October 17, 2019 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | BETTERLIFE PHARMA INC. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | VANCOUVER V6H1A6 CA |
| Party Name | BETTERLIFE PHARMA INC. |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 03 - Corporation |
| Address | VANCOUVER V6H1A6 CA |
| Party Name | Pivot Pharmaceuticals Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Sacramento, CA 95828 |
| Event Date | Event Description |
| Monday, October 4, 2021 | ABANDONMENT NOTICE E-MAILED - NO USE STATEMENT FILED |
| Monday, October 4, 2021 | ABANDONMENT - NO USE STATEMENT FILED |
| Tuesday, March 2, 2021 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Monday, January 18, 2021 | EXTENSION OF TIME TO OPPOSE PROCESS - TERMINATED |
| Thursday, September 3, 2020 | EXTENSION OF TIME TO OPPOSE RECEIVED |
| Tuesday, August 4, 2020 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, August 4, 2020 | PUBLISHED FOR OPPOSITION |
| Wednesday, July 15, 2020 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Friday, June 26, 2020 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, June 23, 2020 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Tuesday, June 23, 2020 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, June 23, 2020 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Wednesday, June 3, 2020 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, June 2, 2020 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, June 2, 2020 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, June 2, 2020 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, May 12, 2020 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, May 12, 2020 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, May 11, 2020 | ASSIGNED TO LIE |
| Wednesday, May 6, 2020 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Tuesday, May 5, 2020 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, April 2, 2020 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, April 2, 2020 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, April 2, 2020 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, April 2, 2020 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, April 2, 2020 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, February 20, 2020 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, February 20, 2020 | NON-FINAL ACTION E-MAILED |
| Thursday, February 20, 2020 | NON-FINAL ACTION WRITTEN |
| Thursday, February 13, 2020 | ASSIGNED TO EXAMINER |
| Sunday, November 10, 2019 | ASSIGNED TO EXAMINER |
| Thursday, October 17, 2019 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Tuesday, October 15, 2019 | NEW APPLICATION ENTERED IN TRAM |