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What this means for you

Approved and waiting on proof of use. It will register unless the applicant drops it, and its 27 Nov 2023 filing date already counts against anyone who files later.

Record

Serial number

98286417

Mark type

Design + words

Filed

27 Nov 2023

Published for opposition

08 Oct 2024

Attorney of record

Amy B. Goldsmith

Goods and services

• Class 005 — Pharmaceuticals: powdered nutritional supplement drink mix containing protein
• Class 009 — Scientific and electric apparatus: magnets; pre-recorded video discs, video recordings, and pre-recorded video tapes featuring classes, lectures, presentations, seminars, and workshops in the fields of cooking, digestion, gut-brain connection, and food preparation techniques, namely, sprouting, fermenting, culturing, and dehydrating, and in the fields of mindful eating, nutrition, and nutritional psychology; digital applications, namely recorded and downloadable software for educational purposes containing recipes, demonstrations, and purchasing advice, all in the fields of mindful eating, nutrition, and nutritional psychology
• Class 011 — Environmental control apparatus: sprouting, culturing, and fermenting equipment, namely, fermentation apparatus for home purposes
• Class 016 — Paper goods and printed matter: markers, pencils, pens, and stickers, printed educational cookbooks and printed consumer cookbooks, printed children's books, printed coloring books, printed project books, blank writing journals, printed diaries
• Class 018 — Leather goods: textile shopping bags, and tote bags
• Class 021 — Housewares and glass: insulated cooler bags for food or beverage for domestic use; bottles sold empty, bowls, cookie jars, cutting boards, earthenware jars, glass jars, mason jars, mugs, non-electric portable coolers
• Class 025 — Clothing: apparel, namely, aprons, caps being headwear, hats, jackets, pants, shirts, sweatshirts, t-shirts and tops as clothing
• Class 029 — Meats and processed foods: almond milk, apple chips, banana chips, cheese, coconut milk, fermented baked milk, fermented bamboo shoots boiled and preserved in salt, fermented bean curd, fermented black garlic, fermented fruit, fermented milk, fermented soybeans, fermented vegetables, fish burger patties, fresh un-ripened cheeses, fruit-based raw food bars, fruit-based meal replacement bars, hemp milk used as a milk substitute, instant or pre-cooked soup, kale chips, Korean-style fermented soybeans, milk, milk beverages with milk predominating, milk ferments for culinary purposes, miso soup, nut-based snack bars, oat milk, plantain chips, potato chips, pre-cooked soup, protein milk, raw non-dairy cheese made from fermented cashews, ripened cheeses; salted and fermented seafood, seed-based snack bars, soup mixes, soup pastes, soup concentrates, soups and preparations for making soups, soy-based food bars, soy burger patties, soy chips, soy milk, tofu burger patties, turkey burger patties, vanilla milk, vegetable-based raw food bars, vegetable chips, vegetable soup, veggie burger patties, whey chips, dips, hummus, beef patties, fruit salads and vegetable salads, sauerkrauts, sprouted salads in the nature of garden salads and fruit salads and vegetable salads, sprouted hummus, sprouted fruit nuggets, sprouted vegetable nuggets, sprouted fruit chips, sprouted vegetable chips, sprouted vegetable patties containing any of legumes and/or grains and/or nuts and/or or seeds, sprouted falafel, seed milks for use as a milk substitute, guacamole, vegetable puddings, sprouted nut and seed pates, sprouted processed nuts, sprouted processed edible seeds not being seasonings or flavorings and including flavored sprouted pumpkin seeds, sprouted soups, cultured soups, pickles, kimchi, cured olives, dried edible mushroom powder, fruit leathers and cultured fruit leathers; cultured drinks based on yogurt
• Class 030 — Staple foods: sprouted salads in the nature of processed-grains salads, pasta salads, and rice salads; sprouted sandwich wraps; sprouted bagels; sprouted corn-based, flour-based and grain-based chips; salsa; dessert puddings; sprouted processed seeds used as a flavoring for foods and beverages; processed grains; fermented herbs, fermented hot pepper paste, fermented tea, cereal bars, corn- and flour- and grain-based chips, chocolate bars, chocolate-based meal replacement bars, cookies, combination meals consisting primarily of pasta or rice-based entrees and soup or salad for consumption on or off the premises, crackers, croutons, bakery desserts, dressings for salad, coffee drinks, tea, and hot-cocoa drinks, fermenting malted rice, fermented hot pepper paste for use as a seasoning, frozen juice bars, frozen pizza crusts, frozen pizza crusts made of cauliflower, fruit ice bars, granola, granola-based snack bars, high-protein cereal bars, jerk sauce, muesli bars, pasta sauce, pesto sauce, pita chips, pizza crust, pizza crust mixes, pizza sauce, pretzel chips, processed cereal-based food to be used as a breakfast food or as a snack food or as an ingredient for making other foods, quinoa-based food bars, pasta and rice salads, sandwich wraps, granola snacks, spaghetti sauce, tomato sauce, sprouted crackers, sprouted croutons, sprouted cookies, sprouted cereal-based energy bars, sprouted pies and bakery desserts, cultured salad dressings, sprouted processed grains, seed flours, sprouted pasta, sprouted flour, sprouted bread, sprouted pie crusts, sprouted pizza crusts, sprouted muffins, sprouted cakes, sprouted cupcakes, sprouted donuts, sprouted pastries, sprouted pies; fermented drinks being tea
• Class 031 — Natural agricultural products: sprouting, culturing, and fermenting supplies, namely, seeds for agricultural purposes, unprocessed nuts, agricultural grains for planting, and fresh legumes
• Class 032 — Light beverages: soft drinks flavored with tea; fruit juice, vegetable juice, and fruit-and-vegetable juice, smoothies, aerated water, bottled water, mineral water, spring water, sparkling water, cashew juice, fermented cabbage with fruit juice, fermented cabbage with vegetable juice, fermented drinks being soda pops, cultured drinks being soda pops, sprouted smoothies, cultured smoothies
• Class 033 — Wines and spirits: fermented tonic liqueurs
• Class 035 — Advertising and business services: on-line ordering services in the field of restaurant take-out and delivery; on-line retail store services featuring food and beverages; retail store services featuring food and beverages
• Class 041 — Education and entertainment services: entertainment services in the nature of arranging, organizing, conducting, and hosting in-person and online social entertainment events; education services, namely, providing on-line classes, lectures, presentations, seminars, and workshops in the fields of cooking, digestion, gut-brain connection, and food preparation techniques, namely, sprouting, fermenting, culturing, and dehydrating, and in the fields of mindful eating, nutrition, and nutritional psychology; education services, namely, providing in-person classes, lectures, presentations, seminars, and workshops in the fields of digestion, gut-brain connection, and food preparation techniques, namely, sprouting, fermenting, culturing, and dehydrating, and in the fields of mindful eating, nutrition, and nutritional psychology
• Class 043 — Restaurant and hotel services: restaurant and café services; cafeteria services; food preparation services featuring fresh, properly proportioned, healthy meals designed to fuel metabolism and burn fat and made to order for delivery or pick up; food preparation services for delivery or pick up; food preparation services featuring fresh, properly proportioned, nutritious meals designed to enhance digestion, metabolism, and overall health for delivery or pick up; pop-up restaurant services; providing food and drink via a pop-up location; providing a web site featuring educational information regarding recipes and food preparation techniques, namely, sprouting, fermenting, culturing, and dehydrating
• Class 044 — Medical, beauty and agricultural services: providing a web site featuring educational medical information regarding digestion, gut-brain connection, mindful eating, nutrition, and nutritional psychology

Owner

• Sprout & Kraut LLC, New York, NY, US
• Sprout & Kraut LLC, New York, NY, US

Prosecution history

• 23 Dec 2025 — TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
• 23 Dec 2025 — TEAS CHANGE OF CORRESPONDENCE RECEIVED
• 19 Dec 2025 — ITU OFFICE ACTION ISSUED FOR STATEMENT OF USE
• 25 Oct 2025 — ITU OFFICE ACTION ISSUED FOR STATEMENT OF USE
• 25 Oct 2025 — CASE ASSIGNED TO INTENT TO USE PARALEGAL
• 16 May 2025 — TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
• 16 May 2025 — TEAS CHANGE OF CORRESPONDENCE RECEIVED
• 16 May 2025 — ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
• 16 May 2025 — TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
• 19 May 2025 — TEAS STATEMENT OF USE RECEIVED
• 19 Nov 2024 — NOA E-MAILED - SOU REQUIRED FROM APPLICANT
• 08 Oct 2024 — OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
• 08 Oct 2024 — PUBLISHED FOR OPPOSITION
• 18 Sept 2024 — NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
• 05 Sept 2024 — APPROVED FOR PUB - PRINCIPAL REGISTER