NON-FINAL ACTION - MAILED
final action
on 11 Mar 2024
Last Applicant/ Owned by
3159 Donald Douglas Loop S
Santa Monica
CA
90405
Serial Number
97803581 filed on 21st Feb 2023
Registration Number
N/A
Correspondent Address
Stephen R. Baird
Filing Basis
1. intent to use
2. intent to use current
Disclaimer
ORGANICS
BERRI LYTE ORGANICS
ORGANICS Sports drinks containing electrolytes; all the foregoing made in whole or substantial part of organic ingredients Color is not claimed as a feature of the mark. BERRI 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 Read More
Classification Information
Class [032]
Light Beverage Products
Sports drinks containing electrolytes; all the foregoing made in whole or substantial part of organic ingredients
Class [005]
Pharmaceutical Products
Electrolyte replacement solutions made in whole or substantial part of organic ingredients
Mark Details
Serial Number
No 97803581
Mark Type
No Service/Collective Mark
Attorney Docket Number
No 164360010100
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)
01.15.02 -
Lightning or electricity
01.15.08 -
A single drop (including a single raindrop or a single teardrop)
05.03.25 -
Other leaves
19.09.03 -
Bottles, jars or flasks with straight, vertical sides
20.03.10 -
Bottle label
24.01.02 -
Shields or crests with figurative elements contained therein or superimposed thereon
24.17.06 -
Plus symbol (+)
26.09.13 -
Two squares
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Description of Design Search
The mark consists of a three-dimensional configuration of a bottle with a label having the words "berri lyte organics" stylized in small letters on the top 1/3 portion and with small indentations approximately one third from the top and bottom of the bottle that form channels around the circumference of the bottle. The "i" in the word "berri" is a leaf element as the dot of the letter "i" . Appearing vertically next to the letter "i" is the word "organics." Beneath the word "LYTE" are two square designs with a horizontal line through the bottom third of each. The lefthand rectangle contains a water droplet with a lightning bolt, and a wavy line horizontally through it. On the right rectangle is a shield design with a cross in it. The broken lines depicting the bottle base, bottle neck, and cap indicate placement of the mark on the goods and are not part of the mark.
Legal History
| Status Date | Action Taken |
|---|---|
| 11th Mar 2024 | NON-FINAL ACTION WRITTEN |
| 11th Mar 2024 | NON-FINAL ACTION E-MAILED |
| 11th Mar 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 29th Feb 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 29th Feb 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 29th Feb 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 29th Nov 2023 | NON-FINAL ACTION WRITTEN |
| 29th Nov 2023 | NON-FINAL ACTION E-MAILED |
| 29th Nov 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 20th Nov 2023 | ASSIGNED TO EXAMINER |