| Serial Number | 88173529 |
| Word Mark | SWAY BEND DON'T BREAK |
| Filing Date | Monday, October 29, 2018 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Monday, January 6, 2020 |
| 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 the stylized word "SWAY" in lowercase letters placed above the stylized words "BEND. DON'T BREAK." To the right of the wording is an angled palm tree. |
| Goods and Services | Non-medicated topical skin care preparations, namely, creams, lotions, gels, toners, cleansers, salves, and serums; cosmetics, namely, lip gloss and lip balm; all the foregoing containing legally produced industrial hemp extract |
| Goods and Services | Dietary and nutritional supplements in liquid form, powder form, gummy form, capsule form, tablet form, softgel form, and tincture form; medicinal oils; medicated topical skin care preparations, namely, waxes, balms, salves, creams, and lotions; nutritional supplement energy bars; dietary supplement drink mixes; all the foregoing containing legally produced industrial hemp extract |
| Goods and Services | Fruit and seed-based snack foods; energy bars; edible oils; all the foregoing containing legally produced industrial hemp extract |
| Goods and Services | Non-alcoholic beverages, namely, soft drinks, sports drinks, energy drinks, energy shots, and fruit juices; all the foregoing containing legally produced industrial hemp extract |
| Goods and Services | Electronic cigarettes; electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form containing legally produced industrial hemp extract; cartridges sold filled with e-liquid flavorings containing legally produced industrial hemp extract; mechanical electronic cigarettes containing legally produced industrial hemp extract |
| Goods and Services | Online retail store services featuring a variety of hemp-based health and wellness products, namely, dietary and nutritional supplements, personal care products, electronic cigarettes, electronic cigarette liquid, snack foods, and non-alcoholic beverages |
| Pseudo Mark | SWAY BEND DO NOT BREAK |
| 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 | Tuesday, November 13, 2018 |
| 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 | Tuesday, November 13, 2018 |
| 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 | 6 - Active |
| Class Status Date | Tuesday, November 13, 2018 |
| 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 | 6 - Active |
| Class Status Date | Tuesday, November 13, 2018 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 034 - Tobacco; smokers' articles; matches. |
| US Class Codes | 002, 008, 009, 017 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, November 13, 2018 |
| Primary Code | 034 |
| 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 | Tuesday, November 13, 2018 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | BALANCED HEALTH BOTANICALS LLC |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | SHERIDAN, CO 80110 |
| Party Name | ELS Universal, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Sheridan, CO 80110 |
| Event Date | Event Description |
| Monday, January 6, 2020 | ABANDONMENT NOTICE E-MAILED - FAILURE TO RESPOND |
| Monday, January 6, 2020 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Monday, June 24, 2019 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, June 24, 2019 | NON-FINAL ACTION E-MAILED |
| Monday, June 24, 2019 | NON-FINAL ACTION WRITTEN |
| Friday, June 21, 2019 | ASSIGNED TO EXAMINER |
| Wednesday, April 17, 2019 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Wednesday, November 21, 2018 | ASSIGNED TO EXAMINER |
| Wednesday, November 14, 2018 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, November 13, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, November 1, 2018 | NEW APPLICATION ENTERED IN TRAM |