petition for cancellation petitioner...

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA686476Filing date: 07/29/2015

IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Petition for Cancellation

Notice is hereby given that the following party requests to cancel indicated registration.

Petitioner Information

Name Evolution Fresh, Inc.

Entity Corporation Citizenship Delaware

Address 1055 Cooley AvenueSan Bernadino, CA 92408UNITED STATES

Attorney informa-tion

Julia Anne MathesonFinnegan Henderson Farabow Garrett & Dunner, LLP901 New York Avenue, NWWashington, DC 20001UNITED [email protected], [email protected], [email protected], [email protected]:202-408-4000

Registration Subject to Cancellation

Registration No 4335858 Registration date 05/14/2013

Registrant FRESH EVOLUTION, LTD508 SE B STREETBENTONVILLE, AR 72712UNITED STATES

Goods/Services Subject to Cancellation

Class 029. First Use: 2012/11/08 First Use In Commerce: 2012/11/08All goods and services in the class are cancelled, namely: Yogurt; Yogurt drinks; Yogurt-basedbeverages

Grounds for Cancellation

Priority and likelihood of confusion Trademark Act section 2(d)

Marks Cited by Petitioner as Basis for Cancellation

U.S. RegistrationNo.

2196497 Application Date 01/27/1997

Registration Date 10/13/1998 Foreign PriorityDate

NONE

Word Mark JUICE EVOLUTION

Design Mark

Description of NONE

http://estta.uspto.gov

Mark

Goods/Services Class 031. First use: First Use: 1997/02/24 First Use In Commerce: 1998/06/18fresh fruits and fresh vegetablesClass 032. First use: First Use: 1997/02/24 First Use In Commerce: 1998/06/18juices in general, namely, fruit juicesand vegetable juices




NONE

Word Mark EVOLUTION

Design Mark

Description ofMark

NONE

Goods/Services Class 032. First use: First Use: 2002/04/00 First Use In Commerce: 2002/04/00Fruit drinks and fruit juices; Mixed fruit juice; Vegetable juices




NONE

Word Mark EVOLUTION

Design Mark

Description ofMark

NONE

Goods/Services Class 031. First use: First Use: 2002/04/00 First Use In Commerce: 2002/04/00Fresh fruit and vegetables




NONE

Word Mark EVOLUTION

Design Mark

Description ofMark

The mark consists of the word "EVOLUTION" appearing in white against a redbackground, with a yellow sun and rays appearing above the literal element.

Goods/Services Class 032. First use: First Use: 2002/04/00 First Use In Commerce: 2002/04/00Fruit drinks and fruit juices; Mixed fruit juice; Vegetable juices




NONE

Word Mark EVOLUTION

Design Mark

Description ofMark

The mark consists of the word "EVOLUTION" appearing in white against a redbackground, with a yellow sun and rays appearing above the literal element.

Goods/Services Class 031. First use: First Use: 2002/04/00 First Use In Commerce: 2002/04/00Fresh fruit and vegetables




NONE

Word Mark EVOLUTION FRESH

Design Mark

Description ofMark

NONE

Goods/Services Class 005. First use: First Use: 0 First Use In Commerce: 0Nutritionally fortified beverages for medical use; meal replacement and diet-arysupplement drink mixes for medical use;nutritional supplements in the form offoods bars for medical use; dietary foodsupplements for medical use; dietaryfiber supplements for medical use for human consumption; fruit-flavored dietarysupplement drink mixes for medical use in powder form; nutritional supplementdrink mixes for medical use in powder from; vitamin and mineral supplements;vitaminfortified beverages for medical useClass 029. First use: First Use: 0 First Use In Commerce: 0Milk, flavored milk, milkshakes and milk based beverages containing fruits;soymilk; fruit jams; compote, jellies, bread spreads, namely, cheese, dairy-based,fruit-based, jellies, legume-based, meat-based, nut based, and vegetablebased;preserved fruit and vegetables, prepared meals or frozen meals as far asnot included in other classes consisting primarily of meat, soy, poultry, seafood,vegetables, fruits, tofu, and/or cheese which also include a combination of eitherpasta, rice, or grains; yogurt and whipping cream; prepared nuts, seasonednuts,roasted nuts; food bars based on soy; nut milk and nut juice for use as amilk substituteClass 030. First use: First Use: 0 First Use In Commerce: 0Tea and herbal tea; tea and herbal tea-based beverages; tea and herbal tea-based concentrates, with fruit flavoring; frozen confections with tea, herbal teaand/or fruit flavoring; ground and whole bean coffee; cocoa and espresso bever-ages, and beverages made with a base of coffee and/or espresso; beveragesmade with a base of tea, powdered chocolate and vanilla; ready-to-drink coffee;ready-to-drink tea; frozen confections, namely, ice cream, ice milk, frozenyogurt, frozensoy based desserts; chocolate, candy and frozen confections;baked goods, namely, muffins, scones, biscuits, cookies, pastries and breads;sandwiches; processed cereal-derived food product to be usedas a breakfastcereal, food bar, or ingredient for making food; ready-to-eat cereal; rolled oats;grain-based food bars; ready-to-eat oat-based food bars, crackers; prepared orfrozen meals not included in other classes consisting primarily of rice, grains, orpasta which also include a combination of either meat, soy, poultry, seafood, ve-getables, fruits, tofu, and/or cheese; sauces; sauces to add to beverages; dip-ping sauces; ready-made sauces; salad dressings, fruit sauces excluding cran-berry sauce and applesauce; vegetable sauces; aromatic preparations for usewith food in the nature of flavouring syrups to add to beverages, such as withcoffee, namely, chocolate or caramel syrupClass 031. First use: First Use: 0 First Use In Commerce: 0Fresh fruit or vegetables, raw fruit orvegetables, unprocessed grains for eating,excluding alfalfa, onion, and wheat;unprocessed nuts for eating; oats, namely,unprocessed oatsClass 032. First use: First Use: 0 First Use In Commerce: 0Fruit juices; fruit and juice based beverages; fruit drinks and soft drinks contain-

ing fruit juices; frozen fruit beverages and frozen fruit-based beverages; fruitconcentrates and purees used as ingredients of beverages; beverage concen-trates and syrups for making frozen blended beverages; sparkling fruit and juicebased beverages and soda beverages; vegetable-fruit juices; vegetable-basedbeverages; beverages containing vegetable juices; liquid and powdered bever-age mixes;flavoring syrups for making tea and herbal tea-based beverages; wa-ter, mineral water, sparkling water, drinking water with vitamins, and other non-alcoholic drinks; soft drinks; soda pop beverages; flavoring syrups for makingbeverages; flavored and unflavored bottled waters; energy drinks; soy-basedbeverages not being milk substitutes; soy drinks and soy-based beverages notbeing milk substitutes; nut juice beverages not being milk substitutesClass 035. First use: First Use: 0 First Use In Commerce: 0Business administration; business management; administrative supporting ser-vices, namely, providing assistance in the establishment and/or operation of res-taurants, cafes, coffee houses and snack bars in relation to franchising; retailstore services in the field of coffee, tea,cocoa, non-alcoholic beverages includingfruit juice, vegetable juice, water, packaged and prepared foods, nutritional sup-plements and dietary supplements, electric and non-electric appliances, house-wares, kitchenware, clocks, watches, stop watches, books, musical recordings,blank books, tote bags, purses, book bags,valises and umbrellas, all made ofcloth, plastic, or leather, key fobs of leather, clothing, headwear, caps and hats,games and puzzles; wholesale business mediation of trade business for thirdparties in the field of coffee, tea, cocoa, non-alcoholic beverages including fruitjuice, vegetable juice, water, packaged and prepared foods, nutritional supple-ments and dietary supplements, electric and non-electric appliances, house-wares, kitchenware, clocks, watches, stop watches, books, musical recordings,blank books, tote bags, purses, book bags, valisesand umbrellas, all made ofcloth, plastic, or leather, key fobs of leather, clothing, headwear, caps and hats,games and puzzles; business management and administrative ordering servicesin relation to mail order services and mail order catalog services, computerizedonline ordering services, computerized online retail store services, online order-ing services and online retail store services all in the field of coffee, tea, cocoa,non-alcoholic beverages including fruit juice, vegetable juice, water, packagedand prepared foods, nutritional supplements and dietary supplements, electricand non-electric appliances, housewares, kitchenware, clocks, watches, stopwatches, blank books, musical recordings, books, tote bags, purses, book bags,valises andumbrellas, all made of cloth, plastic, or leather, key fobs of leather,clothing, headwear, caps and hats, games and puzzles; the bringing together,for the benefit of others, of a variety of goods excluding the transport thereof, en-ablingcustomers to conveniently view, composea gift list, and purchase thosegoods in the field of general consumer merchandiseClass 043. First use: First Use: 0 First Use In Commerce: 0Restaurant, cafe, cafeteria, snack bar,carry out restaurants, take out restaur-ants; catering services; contract catering services; food preparation; carry out-restaurant services




NONE

Word Mark EVOLUTION FRESH

Design Mark

Description ofMark

NONE

Goods/Services Class 040. First use: First Use: 2001/11/14 First Use In Commerce: 2001/11/14Custom processing, blending, and preservation of beverages; high-pressureprocessing of beverages




03/16/2012

Word Mark EASY EVOLUTION

Design Mark

Description ofMark

NONE

Goods/Services Class 032. First use: First Use: 2012/03/05 First Use In Commerce: 2012/03/05Fruit juices; fruit and fruit juice based beverages; fruit drinks and soft drinks con-taining fruit juices; vegetable-fruit juices; vegetable-based beverages; beveragescontaining vegetable juices, namely, vegetable juice beverages




03/16/2012

Word Mark BALANCED EVOLUTION

Design Mark

Description ofMark

NONE

Goods/Services Class 029. First use: First Use: 0 First Use In Commerce: 0Concentrates and syrups for making frozen, blended milk-based beverages; nutbased milk and nut juiceClass 030. First use: First Use: 0 First Use In Commerce: 0Flavoring syrups; flavoring syrup for making tea and herbal tea-based bever-ages; concentrates and syrups for making frozen, blended tea-based bever-ages; syrupsfor making tea-flavored drinksClass 032. First use: First Use: 0 First Use In Commerce: 0Fruit juices; fruit and juice based beverages; fruit drinks and soft drinks contain-ing fruit juices; frozen fruit beverages and frozen fruit-based beverages; fruitconcentrates and purees used as ingredients of beverages; concentrates andsyrups for making frozen, blended fruit beverages; concentrates and syrups formaking frozen, blended soft-drink beverages; concentrates and syrups for mak-ing frozen, blended fruit-drink beverages; sparkling fruit and juice based bever-ages and soda beverages; vegetable-fruit juices; vegetable-based food bever-ages; beverages containing vegetable juices; drinking water; spring water, min-eral water, sparkling water, drinking water with vitamins; soft drinks; soda popbeverages; syrups for making fruit-flavored drinks;flavored and unflavoredbottled waters;energy drinks; soy-based beverages not being milk substitutes;soy drinks and soy-based beverages

Attachments 77817740#TMSN.png( bytes )77817752#TMSN.png( bytes )77817744#TMSN.png( bytes )77817758#TMSN.png( bytes )85616927#TMSN.png( bytes )86185812#TMSN.png( bytes )85728759#TMSN.png( bytes )85728790#TMSN.png( bytes )7-29-15 Petition for Cancellation.pdf(698174 bytes )7-29-15 Exhibits A & B to Petition for Cancellation.pdf(2391710 bytes )

Certificate of Service

The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their addressrecord by First Class Mail on this date.

Signature /Julia Anne Matheson/

Name Julia Anne Matheson

Date 07/29/2015

petition for cancellation petitioner...

Documents