| Serial Number | 86728778 |
| Word Mark | THAT'S SMART! |
| Filing Date | Tuesday, August 18, 2015 |
| Status | 702 - SECTION 8 & 15 - ACCEPTED AND ACKNOWLEDGED |
| Status Date | Saturday, November 20, 2021 |
| Registration Number | 5023997 |
| Registration Date | Tuesday, August 16, 2016 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 13, 2015 |
| Goods and Services | Ketchup, mayonnaise, chocolate sauce, chocolate chips and chocolate drink mix, cake frostings, gravy, salad dressings, black tea bags, toaster pastries; spices, namely, black pepper, chopped onion, onion powder, garlic powder, garlic salt, seasoned salt parsley flakes, chili powder, cinnamon powder, Italian seasoning; vanilla extract for use as a food flavoring, ice cream, bread and buns, quick cooking oats, brown sugar, powdered sugar and granulated sugar, all-purpose flour, pancake and waffles mixes, muffin mixes, taco shells; food package combinations consisting primarily of crackers, cookies and/or pie crusts, meals consisting primarily of pasta or rice, noodles and sauce mixes combined for unitary packages |
| Description of Mark | The mark consists of a solid oblong shaped circle with "That's Smart!" in stylized font and a stylized smile appearing within the circle. The word "That's" is placed on line one of the text, "Smart!" is placed on line two of the text, and the stylized smile is placed on line three. |
| Goods and Services | Canned foods, namely, canned and frozen vegetables, canned and frozen fruits, canned mushrooms, canned baked beans, canned tuna, canned tomatoes, canned olives, canned soups and soup concentrates, canned sauces, canola cooking oil, vegetable cooking oil and vegetable cooking oil spray, peanut butter, cows' milk, cottage cheese, packaged grated cheese and cheese slices, jellies, pickles; food package combinations consisting primarily of cheese and/or processed fruit |
| Goods and Services | Aluminum foil |
| Goods and Services | Paper towels, paper napkins, toilet tissue |
| Pseudo Mark | THAT IS SMART! |
| Goods and Services | Laundry detergents and fabric softeners for laundry |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Paper plates |
| Goods and Services | Fruit juices and concentrated fruit juices |
| Goods and Services | Cat food, dog food, cat litter |
| 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 | Friday, August 21, 2015 |
| Primary Code | 003 |
| First Use Anywhere Date | Sunday, April 10, 2016 |
| First Use In Commerce Date | Sunday, April 10, 2016 |
| International Class | 006 - Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. |
| US Class Codes | 002, 012, 013, 014, 023, 025, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, August 21, 2015 |
| Primary Code | 006 |
| First Use Anywhere Date | Wednesday, April 6, 2016 |
| First Use In Commerce Date | Wednesday, April 6, 2016 |
| 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 | Friday, August 21, 2015 |
| Primary Code | 016 |
| First Use Anywhere Date | Tuesday, March 29, 2016 |
| First Use In Commerce Date | Tuesday, March 29, 2016 |
| 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 | Friday, August 21, 2015 |
| Primary Code | 021 |
| First Use Anywhere Date | Wednesday, March 30, 2016 |
| First Use In Commerce Date | Wednesday, March 30, 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 | Friday, August 21, 2015 |
| Primary Code | 029 |
| First Use Anywhere Date | Tuesday, March 8, 2016 |
| First Use In Commerce Date | Tuesday, March 8, 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 | Friday, August 21, 2015 |
| Primary Code | 030 |
| First Use Anywhere Date | Tuesday, March 1, 2016 |
| First Use In Commerce Date | Tuesday, March 1, 2016 |
| International Class | 031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. |
| US Class Codes | 001, 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, August 21, 2015 |
| Primary Code | 031 |
| First Use Anywhere Date | Tuesday, March 8, 2016 |
| First Use In Commerce Date | Tuesday, March 8, 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 | Friday, August 21, 2015 |
| Primary Code | 032 |
| First Use Anywhere Date | Tuesday, March 8, 2016 |
| First Use In Commerce Date | Tuesday, March 8, 2016 |
| Party Name | Hy-Vee, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | West Des Moines, IA 50266 |
| Party Name | Hy-Vee, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | West Des Moines, IA 50266 |
| Party Name | Hy-Vee, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | West Des Moines, IA 50266 |
| Event Date | Event Description |
| Thursday, March 21, 2024 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS |
| Thursday, March 21, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, March 21, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, March 21, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, March 21, 2024 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, March 21, 2024 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Saturday, November 20, 2021 | NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED |
| Saturday, November 20, 2021 | REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. |
| Saturday, November 20, 2021 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Wednesday, October 20, 2021 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Wednesday, October 20, 2021 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, October 20, 2021 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, August 18, 2021 | TEAS SECTION 8 & 15 RECEIVED |
| Monday, August 16, 2021 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Tuesday, August 16, 2016 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, July 12, 2016 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED |
| Monday, July 11, 2016 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Friday, July 1, 2016 | STATEMENT OF USE PROCESSING COMPLETE |
| Wednesday, June 1, 2016 | USE AMENDMENT FILED |
| Saturday, June 25, 2016 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Wednesday, June 1, 2016 | TEAS STATEMENT OF USE RECEIVED |
| Tuesday, December 8, 2015 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, October 13, 2015 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, October 13, 2015 | PUBLISHED FOR OPPOSITION |
| Wednesday, September 23, 2015 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, September 2, 2015 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, September 2, 2015 | ASSIGNED TO EXAMINER |
| Saturday, August 22, 2015 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, August 21, 2015 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, August 21, 2015 | NEW APPLICATION ENTERED |