| Serial Number | 79217147 |
| Word Mark | SMARTSLEEP |
| Filing Date | Tuesday, August 15, 2017 |
| Status | 707 - PARTIAL SECTION 71 ACCEPTED |
| Status Date | Wednesday, October 29, 2025 |
| Registration Number | 5614025 |
| Registration Date | Tuesday, November 27, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, September 11, 2018 |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | [ Powders for effervescing beverages, namely, for making soft drinks; pastilles for effervescing beverages, namely, vegetable juices, non-alcoholic fruit juice beverages, sherbet beverages, aloe juice beverages, soy-based beverages, not being milk substitutes, non-alcoholic rice-based beverages, not being milk substitutes; extracts for making beverages, namely, extract of hops for making beer, malt extracts for making liquor, non-alcoholic fruit extracts used in the preparation of beverages; concentrates for use in the preparation of soft drinks; concentrates for making fruit drinks; non-alcoholic cordials; syrups for lemonade; powders used in the preparation of fruit-based beverages; powders used in the preparation of soft drinks; syrups for making soft drinks; syrups for making non-alcoholic beverages; syrups for making flavoured mineral waters; syrups for making fruit-flavored drinks; syrups for making whey-based beverages; syrups for making beverages; syrups for beverages ] |
| Goods and Services | Dietary supplements and dietetic preparations, namely, dietetic beverage supplements adapted for medical purposes, dietetic foods for medical use; dietetic preparations adapted for medical use, namely, dietetic beverage supplements adapted for medical purposes, dietetic foods for medical use; dietetic food preparations adapted for medical use; dietetic beverages adapted for medical purposes; dietetic substances in the nature of foods, beverages, sugar, adapted for medical use; [ dietetic foods adapted for medical use; ] albuminous preparations for medical purposes, namely, [ albumin dietary supplements; ] nutraceuticals for use as a dietary supplement; food supplements consisting of amino acids; [ linseed dietary supplements; linseed oil dietary supplements; ] food supplements consisting of trace elements; dietary supplements consisting of vitamins; dietary supplements for humans; albuminous foodstuffs for medical purposes, namely, medicated supplements containing albumin for foodstuffs for babies; nutritional supplement meal replacement bars for boosting energy; powdered fruit-flavored dietary supplement drink mix; meal replacement powders adapted for medical use; medicated preparations for use as additives to food for human consumption, namely, fodder acidifiers for medical purposes, medicated additives containing vitamins; mineral food supplements; mineral dietary supplements for humans; multi-vitamin preparations; dietary supplemental drinks; nutritional supplements; wheat dietary supplements; [ albumin dietary supplements; ] enzyme dietary supplements; glucose dietary supplements; [ yeast dietary supplements; casein dietary supplements; lecithin dietary supplements; protein dietary supplements; wheat germ dietary supplements; ] food supplements; powdered nutritional supplement drink mix; food for medically restricted diets adapted for medical use; probiotic supplements; soy protein dietary supplements; food for diabetics adapted for medical use; vitamin and mineral supplements; [ vitamin A preparations; vitamin B preparations; effervescent vitamin tablets; vitamin C preparations; vitamin D preparations; ] vitamins and vitamin preparations; vitamin drinks; mixed vitamin preparations; [ vitamin preparations; vitamin preparations in the nature of food supplements; vitamin tablets; vitamin drops; vitamin supplements; ] health food supplements made principally of minerals [ ; health food supplements made principally of vitamins ] |
| Goods and Services | [ Desserts made from milk products, namely, milk shakes, vanilla milk; artificial milk based desserts, namely, milk shakes, vanilla milk; fruit-based snack food; yoghurt desserts, namely, drinking yogurt, soy yogurt; custard style yoghurts; powdered milk for food purposes; flavoured yoghurts; flavoured milk; flavoured milk beverages, milk predominating; flavoured milk powder for making drinks; low fat yoghurts; ice cream shakes; yogurt drinks; fruit flavoured yoghurts; yogurt; yoghurt made from goats milk; beverages made from or consisting principally of milk; drinks made from dairy products, namely, dairy-based beverages; drinks based on yogurt; milk-based beverages containing coffee; milk-based beverages containing fruit juice; milk; skimmed milk; beverages having a milk base; lactic acid bacteria drinks; milk-based beverages flavored with chocolate; milk beverages, milk predominating; milk products excluding ice cream, ice milk and frozen yogurt; dried milk powder, for food; milk shakes; whey; drinking yogurts; soya yoghurt; albumen for culinary purposes ] |
| Pseudo Mark | SMART SLEEP |
| Description of Mark | The mark consists of the stylized wording "SMARTSLEEP" with a polygon design of a toy jack having four circular corners with around the edge. |
| 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 | Friday, September 29, 2017 |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Wednesday, October 29, 2025 |
| Primary Code | 029 |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Wednesday, October 29, 2025 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Smart Sleep GmbH |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | Erkrath 40699 DE |
| Party Name | Smart Sleep |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | DE |
| Party Name | Smart Sleep |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | DE |
| Event Date | Event Description |
| Thursday, September 28, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, September 29, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, October 3, 2017 | APPLICATION FILING RECEIPT MAILED |
| Thursday, November 16, 2017 | ASSIGNED TO EXAMINER |
| Tuesday, November 21, 2017 | NON-FINAL ACTION WRITTEN |
| Wednesday, November 22, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, December 5, 2017 | NON-FINAL ACTION (IB REFUSAL) WITHDRAWN FOR REVIEW |
| Tuesday, December 5, 2017 | NON-FINAL ACTION WRITTEN |
| Wednesday, December 6, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, December 15, 2017 | REFUSAL PROCESSED BY MPU |
| Friday, December 15, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, January 19, 2018 | REFUSAL PROCESSED BY IB |
| Friday, June 15, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, June 15, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Saturday, June 16, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, July 2, 2018 | FINAL REFUSAL WRITTEN |
| Monday, July 2, 2018 | FINAL REFUSAL E-MAILED |
| Monday, July 2, 2018 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Monday, July 30, 2018 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Monday, July 30, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, July 30, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, July 30, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, August 9, 2018 | ASSIGNED TO LIE |
| Wednesday, August 22, 2018 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, August 22, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, August 22, 2018 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Friday, September 7, 2018 | NOTIFICATION PROCESSED BY IB |
| Tuesday, September 11, 2018 | PUBLISHED FOR OPPOSITION |
| Tuesday, September 11, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, November 27, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, February 28, 2019 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Wednesday, March 13, 2019 | FINAL DISPOSITION PROCESSED |
| Wednesday, March 13, 2019 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, April 12, 2019 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, May 17, 2019 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Monday, November 27, 2023 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Thursday, May 22, 2025 | TEAS SECTION 71 RECEIVED |
| Monday, August 25, 2025 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Thursday, September 18, 2025 | POST REGISTRATION ACTION MAILED - SEC.71 |
| Sunday, October 26, 2025 | TEAS RESPONSE TO OFFICE ACTION-POST REG RECEIVED |
| Wednesday, October 29, 2025 | REGISTERED - PARTIAL SEC 71 ACCEPTED |
| Wednesday, October 29, 2025 | NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED |