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HAPPY FRUIT BLUEBERRY DREAM
Live/Pending
STATEMENT OF USE - TO EXAMINER

to examiner

on 19 Jul 2023

Last Applicant/ Owned by

75 Park Plaza

Boston

MA

02116

Serial Number

97251926 filed on 03rd Feb 2022

Registration Number

N/A

Correspondent Address

Heather E Balmat

BOWDITCH & DEWEY LLP

311 MAIN STREET, PO BOX 15156

WORCESTER, MA 01615-0156

Filing Basis

1. intent to use

2. intent to use current

Disclaimer

"Fruit" or "Blueberry Dream"

HAPPY FRUIT BLUEBERRY DREAM

"Fruit" or "Blueberry Dream" Color is not claimed as a feature of the mark. Nutritional supplements in the form of gummies containing hemp with less than 0.3 percent delta-9 THC on a dry weight basis and not containing CBD The mark consists of the wording "HAPPY FRUIT" in the middle of a sun situated about one third from the top of the logo in bold cursive lettering with a dark shadow. There arRead More

Classification Information


Class [005]
Pharmaceutical Products


Nutritional supplements in the form of gummies containing hemp with less than 0.3 percent delta-9 THC on a dry weight basis and not containing CBD


First Use Date in General

01st Jun 2021

First Use Date in Commerce

01st Jun 2021

Mark Details


Serial Number

No 97251926

Mark Type

No Service/Collective Mark

Attorney Docket Number

No 317456.4002

44D Filed

No

44D Current

No

44E filed

No

44E Current

No

66A Filed

No

66A Current

No

Current Basis

No

No Basis

No

Design Code(s)

01.01.10 -

Three or more stars

01.01.13 -

More than one star with five points

01.05.04 -

Suns with rays

26.17.01 -

Straight line(s), band(s) or bar(s)

26.17.04 -

Vertical line(s), band(s) or bar(s)

26.17.05 -

Horizontal line(s), band(s) or bar(s)

Description of Design Search

The mark consists of the wording "HAPPY FRUIT" in the middle of a sun situated about one third from the top of the logo in bold cursive lettering with a dark shadow. There are sun beams radiating above and to the left and right of the sun. Below the sun there are clouds positioned on top of one another with small stars scattered over the clouds. In the middle of the design the words "BLUEBERRY DREAM" appear in large, bold cursive font in light lettering within a darker contrasting cloud. The cloud is positioned on top of a striped, curved band running from the right side of the design about halfway down from the top to the lower left corner of the design. There is a second striped band running from the lowermost sunbeam on the left of the design down to the right, ending at the "B" in "BLUEBERRY".

Legal History


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Status DateAction Taken
19th Jul 2023CASE ASSIGNED TO INTENT TO USE PARALEGAL
19th Jul 2023STATEMENT OF USE PROCESSING COMPLETE
22nd Jun 2023TEAS STATEMENT OF USE RECEIVED
22nd Jun 2023USE AMENDMENT FILED
18th Apr 2023NOA E-MAILED - SOU REQUIRED FROM APPLICANT
21st Feb 2023PUBLISHED FOR OPPOSITION
21st Feb 2023OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
01st Feb 2023NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
13th Jan 2023APPROVED FOR PUB - PRINCIPAL REGISTER
11th Jan 2023EXAMINERS AMENDMENT -WRITTEN