| Serial Number | 87068931 |
| Word Mark | SUMMER SHAKE-UP BY MEDIFAST |
| Filing Date | Monday, June 13, 2016 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Friday, March 30, 2018 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Description of Mark | The mark consists of a circle containing the word SUMMER above the words SHAKE-UP above the words BY MEDIFAST with five slashes above the word SUMMER, a stylised line design between the words SHAKE-UP and BY MEDIFAST with a Caduceus Design to the left of the word MEDIFAST. |
| Goods and Services | Dietary foods, namely, chocolate-based and cereal-based meal replacement bars; dietary foods, namely, fruit-based and nut-based meal replacement bars |
| Goods and Services | Frozen, prepared or packaged meals consisting primarily of meat, fish, poultry or vegetables; fruit-based and nut-based meal replacement bars; soy-based food bars; soy-based food bars also containing dried fruits, chocolate or nuts; shakes; milk shakes; soy based shakes; dairy-based powdered mixes for making dairy-based shakes; food and beverages, namely, stews, soups, soup mixes, chili, soy based snack foods |
| Goods and Services | Frozen, prepared or packaged entrees consisting primarily of pasta or rice; macaroni and cheese; chocolate-based and cereal-based meal replacement bars; puddings; oatmeal; breakfast cereals; pancakes; pancake mixes; pancake syrup; ready to eat, cereal derived food bars; muffins and muffin mixes; breads and bread mixes; brownies and brownie mixes; cookies and cookie mixes; cakes and cake mixes; crackers; beverages made of tea; beverages with a coffee, tea or cocoa base; iced teas; cocoa drinks, cappuccino drinks, chai latte drinks |
| Goods and Services | Whey beverages; smoothies; low calorie, non-dairy powdered mixes for making non-dairy shakes and smoothies; low calorie powdered mix used in the preparation of soft drinks and fruit-flavored, tea-flavored, and coffee-flavored beverages; fruit-flavored beverages |
| Goods and Services | Weight reduction diet planning services, weight management services; supervision services in the fields of weight reduction, diet planning, and weight management; consultation services in the fields of weight reduction, diet planning, and weight management; counseling services in the fields of weight reduction, diet planning, and weight management; health care services, namely, wellness programs comprising diet regimes |
| Pseudo Mark | SUMMER SHAKE-UP BY MEDICAL FAST |
| Section 2(f) Limitation Statement | The Caduceus Symbol as part of MEDIFAST & Caduceus in the subject mark SUMMER SHAKE-UP BY MEDIFAST & Design has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 2291136; The Caduceus Symbol as part of MEDIFAST & Caduceus in the subject mark SUMMER SHAKE-UP BY MEDIFAST & Design has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement. |
| 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 | Monday, January 30, 2017 |
| Primary Code | 005 |
| First Use Anywhere Date | Tuesday, May 10, 2016 |
| First Use In Commerce Date | Tuesday, May 10, 2016 |
| 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 | Monday, June 20, 2016 |
| Primary Code | 029 |
| First Use Anywhere Date | Tuesday, May 10, 2016 |
| First Use In Commerce Date | Tuesday, May 10, 2016 |
| 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 | Monday, June 20, 2016 |
| Primary Code | 030 |
| First Use Anywhere Date | Tuesday, May 10, 2016 |
| First Use In Commerce Date | Tuesday, May 10, 2016 |
| 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 | Monday, June 20, 2016 |
| Primary Code | 032 |
| First Use Anywhere Date | Tuesday, May 10, 2016 |
| First Use In Commerce Date | Tuesday, May 10, 2016 |
| 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 | Monday, June 20, 2016 |
| Primary Code | 044 |
| First Use Anywhere Date | Tuesday, May 10, 2016 |
| First Use In Commerce Date | Tuesday, May 10, 2016 |
| Party Name | Jason Enterprises, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Baltimore, MD 21202 |
| Event Date | Event Description |
| Thursday, July 12, 2018 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, July 12, 2018 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Friday, March 30, 2018 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Friday, March 30, 2018 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Tuesday, October 10, 2017 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, October 10, 2017 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, August 30, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, August 30, 2017 | NON-FINAL ACTION E-MAILED |
| Wednesday, August 30, 2017 | NON-FINAL ACTION WRITTEN |
| Friday, August 4, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, August 3, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, August 3, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, February 5, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Sunday, February 5, 2017 | NON-FINAL ACTION E-MAILED |
| Sunday, February 5, 2017 | NON-FINAL ACTION WRITTEN |
| Monday, January 30, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, January 30, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, January 30, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, July 28, 2016 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, July 28, 2016 | NON-FINAL ACTION E-MAILED |
| Thursday, July 28, 2016 | NON-FINAL ACTION WRITTEN |
| Thursday, July 21, 2016 | ASSIGNED TO EXAMINER |
| Tuesday, June 21, 2016 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Monday, June 20, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, June 16, 2016 | NEW APPLICATION ENTERED IN TRAM |