ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1362612
`06/03/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer information
`
`Name
`Granted to date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`KIND Management Inc.
`06/02/2024
`
`3 TIMES SQUARE
`NEW YORK, NY 10036
`UNITED STATES
`
`ROBERT H. NEWMAN
`REED SMITH LLP
`P.O. BOX 488
`IP DOCKETING DEPT.
`PITTSBURGH, PA 15230
`UNITED STATES
`Primary email: ptoipinbox@reedsmith.com
`Secondary email(s): rnewman@reedsmith.com, jburstein@reedsmith.com,
`karmellino@reedsmith.com
`(312) 207-2408
`
`Docket no.
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`97438112
`06/03/2024
`
`Publication date
`Opposition period
`ends
`
`12/05/2023
`06/02/2024
`
`Vitality, LLC
`SUITE 203
`700 OLD HICKORY BOULEVARD
`BRENTWOOD, TN 37027
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 032. First Use: Jul 1, 2021 First Use In Commerce: Jul 1, 2021
`All goods and services in the class are opposed, namely: Smoothies; Fruit beverages; Fruit juice;
`Fruit juices; Fruit smoothies; Fruit juice beverages; Fruit-based beverages; Green vegetable juice
`beverages; Herbal juices; Smoothies containing grains and oats; Vegetable-fruit juices; Vegetable
`juice; Vegetable juices; Vegetable smoothies; Mixed fruit juices; Non-alcoholic beverages containing
`fruit juices; Non-alcoholic fruit juice beverages
`Class 043. First Use: Jul 1, 2021 First Use In Commerce: Jul 1, 2021
`All goods and services in the class are opposed, namely: Restaurant services; Restaurant services
`featuring superfood bowls, grain bowls, wraps, salads, smoothies, toasts; Restaurant services,
`namely, providing of food and beverages for consumption on and off the premises; Restaurant and
`café services
`
`

`

`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`Register
`Registration date
`
`2984772
`
`Principal
`08/16/2005
`
`Word mark
`Design mark
`
`KIND
`
`Application date
`
`06/14/2004
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 030. First use: First Use: Jun 14, 2004 First Use In Commerce: Jun 14,
`2004
`Ready to eat, cereal derived food bars containing nuts
`
`U.S. registration
`no.
`Register
`Registration date
`
`4161495
`
`Principal
`06/19/2012
`
`Word mark
`Design mark
`
`KIND
`
`Application date
`
`11/20/2007
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: May 31, 2011 First Use In Commerce: Sep 26,
`2011
`Clothing and apparel, namely, T-shirts, sweatshirts, caps, [ vests, ] jackets
`Class 029. First use: First Use: Jun 14, 2004 First Use In Commerce: Jun 14,
`2004
`Sweet snacks, namely, fruit based snack food, dried fruit mixes; snack mixes
`consisting primarily of processed fruits and processed nuts; nutrition bars,
`namely, nut and seed based snack bars; fruit based snack food bars also con-
`taining grains, cereals, dried fruit, fruit juice; nut based snack food
`Class 030. First use: First Use: Jun 8, 2011 First Use In Commerce: Jun 8, 2011
`Snacks, namely, cereal based snack food; cereal based snack food bars, gran-
`ola based snack food bars, grain based snack food; Snack foods, namely, gran-
`ola based mixes, rice based snack food, whole grain based snack food
`
`U.S. registration
`no.
`Register
`Registration date
`
`6548607
`
`Principal
`11/02/2021
`
`Application date
`
`04/26/2019
`
`Foreign priority
`date
`
`NONE
`
`

`

`Word mark
`Design mark
`
`KIND
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Jul 20, 2020 First Use In Commerce: Jul 20,
`2020
`Smoothies; smoothies served in bowls
`
`U.S. registration
`no.
`Register
`Registration date
`
`4898735
`
`Principal
`02/09/2016
`
`Word mark
`Design mark
`
`KIND
`
`Application date
`
`08/14/2015
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`U.S. application
`no.
`Registration date
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`Attachments
`
`NONE
`
`Class 035. First use: First Use: Mar 29, 2005 First Use In Commerce: Mar 29,
`2005
`Online retail store services and mail order services featuring snack foods,
`snack-related gift sets and apparel
`
`88214600
`
`Application date
`
`12/03/2018
`
`Foreign priority
`date
`
`NONE
`
`NONE
`
`KIND
`
`NONE
`
`Class 043. First use: First Use: None First Use In Commerce: None
`Restaurant services; café services; pop-up restaurant services
`
`76596770#TMSN.png( bytes )
`77333800#TMSN.png( bytes )
`88982980#TMSN.png( bytes )
`86724964#TMSN.png( bytes )
`88214600#TMSN.png( bytes )
`Notice of Opposition - EAT WELL BE KIND - 97438112.pdf(446201 bytes )
`
`Signature
`Name
`
`/Robert H. Newman/
`Robert H. Newman
`
`

`

`Date
`
`06/03/2024
`oer0ar2024
`
`

`

`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 97/438,112
`Filed on June 1, 2022
`For the mark EAT WELL, BE KIND
`Published in the Official Gazette on December 5, 2023
`
`
`
`
`
`KIND Management Inc.,
`
`Opposition No.:
`
`
`
`Opposer,
`
`
`v.
`
`
`Vitality, LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`KIND Management Inc. (“Kind” or “Opposer”), a Delaware corporation, having its
`
`principal place of business at 3 Times Square, New York, New York 10036, believes that it will
`
`be damaged by registration of the mark EAT WELL, BE KIND, as identified in U.S. Trademark
`
`Application Serial No. 97/438,112 (the “Application”) filed by Vitality, LLC (“Applicant”), and
`
`hereby opposes the same. As grounds for the opposition, Kind alleges as follows:
`
`1.
`
`Opposer Kind, through its predecessors-in-interest, has sold snack food bars and
`
`other foods under the KIND trademark since 2004. Opposer has sold more than one billion dollars’
`
`worth of KIND-branded products at more than 100,000 retail locations throughout the United
`
`States. Opposer is well-recognized and well-regarded as a producer of premium-quality goods.
`
`Opposer promotes and sells KIND products, including protein bars, through its website at
`
`www.kindsnacks.com.
`
`1
`
`

`

`
`
`
`
`2.
`
`Opposer, through its predecessors-in-interest, commenced use of the trademark
`
`KIND in connection with snack food bars at least as early as June 14, 2004. Since that time,
`
`Opposer, directly and through its predecessors-in-interest, has continuously used the trademark
`
`KIND in commerce.
`
`3.
`
`Opposer owns dozens of registrations in the U.S. Patent and Trademark Office for
`
`KIND, including the following:
`
`MARK
`
`REG. NO.
`
`REG. DATE
`
`KIND
`
`2,984,772 August 16, 2005
`
`KIND
`
`4,161,495
`
`June 19, 2012
`
`KIND
`
`6,548,607 November 2,
`2021
`
`KIND
`
`4,898,735
`
`February 9,
`2016
`
`2
`
`DESCRIPTION OF
`GOODS/SERVICES
`(Int’l Class: 30)
`Ready to eat, cereal derived food bars
`containing nuts
`
`(Int'l Class: 25)
`clothing and apparel, namely, t-shirts,
`sweatshirts, caps, jackets
`
`(Int'l Class: 29)
`sweet snacks, namely, fruit based snack
`food, dried fruit mixes; snack mixes
`consisting primarily of processed fruits and
`processed nuts; nutrition bars, namely, nut
`and seed based snack bars; fruit based snack
`food bars also containing grains, cereals,
`dried fruit, fruit juice; nut based snack food
`
`(Int'l Class: 30)
`snacks, namely, cereal based snack food;
`cereal based snack food bars, granola based
`snack food bars, grain based snack food;
`snack foods, namely, granola based mixes,
`rice based snack food, whole grain based
`snack food
`
`(Int’l Class: 32)
`Smoothies; smoothies served in bowls
`
`
`(Int'l Class: 35)
`online retail store services and mail order
`services featuring snack foods, snack-
`related gift sets and apparel
`
`
`

`

`
`
`4.
`
`Opposer’s rights in the marks reflected in the foregoing U.S. Registration Nos.
`
`2,984,772, 4,161,495 and 4,898,735 have become incontestable pursuant to 15 U.S.C. § 1115(b).
`
`5.
`
`Registration certificates and the Trademark Status & Document Retrieval (TSDR)
`
`documents printed from the USPTO website for the KIND marks identified above (the “KIND
`
`Marks”) are attached as Exhibit A.
`
`6.
`
`Opposer also owns U.S. Application No. 88/214,600 for KIND for use in
`
`connection with “Restaurant services; café services; pop-up restaurant services” in International
`
`Class 43. U.S. Application No. 88/214,600 was filed on December 3, 2018, prior to Applicant’s
`
`claimed date of first use of the EAT WELL, BE KIND mark.
`
`7.
`
`Opposer has expended considerable time and expense on the creation,
`
`development, advertising and promotion, and enforcement of the KIND Marks. Through
`
`Opposer’s widespread promotion and use, the KIND Marks have become strong and well-known.
`
`As a result, the public has come to know, identify, and recognize a vast array of KIND products
`
`as originating with or authorized by Opposer.
`
`The KIND Marks and the associated goodwill are assets of immense value to
`
`8.
`
`Opposer.
`
`9.
`
`Opposer’s KIND Marks are inherently and commercially distinctive.
`
`10. Upon information and belief, Applicant is a Tennessee limited liability company,
`
`with a principal place of business of 700 Old Hickory Boulevard, Suite 203, Brentwood, Tennessee
`
`37027.
`
`11. On June 1, 2022, notwithstanding Opposer’s prior rights in and to the KIND Marks
`
`and without Opposer’s consent or permission, Applicant filed an application to register the EAT
`
`WELL, BE KIND mark for use in connection with “Smoothies; Fruit beverages; Fruit juice; Fruit
`
`juices; Fruit smoothies; Fruit juice beverages; Fruit-based beverages; Green vegetable juice
`
`
`
`3
`
`

`

`beverages; Herbal juices; Smoothies containing grains and oats; Vegetable-fruit juices; Vegetable
`
`juice; Vegetable juices; Vegetable smoothies; Mixed fruit juices; Non-alcoholic beverages
`
`containing fruit juices; Non-alcoholic fruit juice beverages” and “Restaurant services; Restaurant
`
`services featuring superfood bowls, grain bowls, wraps, salads, smoothies, toasts; Restaurant
`
`services, namely, providing of food and beverages for consumption on and off the premises;
`
`Restaurant and café services”.
`
`12.
`
`The EAT WELL, BE KIND Application was published in the USPTO’s Official
`
`Gazette (Trademarks) on December 5, 2023. This opposition is timely pursuant to the U.S.
`
`Trademark Trial & Appeal Board’s April 3, 2024 order.
`
`13.
`
`Applicant’s filing date of its Application and claimed date of first use in 2021 are
`
`more than a decade after Opposer’s first use of the KIND mark. Opposer has prior rights in its
`
`KIND Marks.
`
`14.
`
`Applicant’s EAT WELL, BE KIND mark is confusingly similar to Opposer’s
`
`KIND Marks. Registration and use by Applicant of the EAT WELL, BE KIND mark is likely to
`
`result in confusion, mistake or deception with Opposer and/or the goods and services marketed in
`
`connection with Opposer’s KIND Marks.
`
`15.
`
`Applicant’s use of the EAT WELL, BE KIND mark is likely to falsely suggest a
`
`relationship between Applicant’s goods and services and Opposer’s goods and services. Such use
`
`of the applied-for mark EAT WELL, BE KIND is likely to cause confusion, mistake, or
`
`deception with respect to the source or sponsorship of Applicant’s goods and services in
`
`violation of 15 U.S.C. §§ 1052(d) and 1125(a).
`
`16.
`
`For the foregoing reasons, the registration sought by Applicant is contrary to the
`
`provisions of Section 2 of the Lanham Act, 15 U.S.C. § 1052, and Opposer would be damaged
`
`thereby.
`
`4
`
`

`

`17.
`
`In order to protect the public against confusion and deceit, and to protect Opposer’s
`
`well-known KIND Marks from infringement and unfair competition, registration of Applicant’s
`
`EAT WELL, BE KIND Application should be refused under Section 2(d) of the Lanham Act, 15
`
`U.S.C. §§ 1052(d) and 1063.
`
`WHEREFORE, Opposer respectfully requests that said Application Serial No.
`
`97/438,112 be rejected, that no registration be issued thereon to Applicant, that this Opposition be
`
`sustained in favor of Opposer and that the Trademark Trial and Appeal Board grant such other and
`
`further relief as it deems just and appropriate.
`
`All correspondence relating to this matter should be directed to the undersigned attorney
`
`for Opposer.
`
`Dated: June 3, 2024
`
`Respectfully Submitted,
`
`/Robert H. Newman/
`Robert H. Newman
`Reed Smith LLP
`IP Docketing Dept., P.O. Box 488
`Pittsburgh, Pennsylvania
`T: 312.207.2408
`ptoipinbox@reedsmith.com
`
`Attorney for Opposer
`KIND Management Inc.
`
`5
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`

`

`Reg. No. 2,984,772
`
`Registered Aug. 16, 2005
`
`Corrected Mar. 30, 2021
`
`Int. Cl.: 30
`
`Trademark
`
`Principal Register
`
`KIND MANAGEMENT INC.  (DELAWARE CORPORATION)
`1372 Broadway, 3rd Floor
`New York, NEW YORK 10018
`
`CLASS 30: Ready to eat, cereal derived food bars containing nuts
`
`FIRST USE 6-14-2004; IN COMMERCE 6-14-2004
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO
`ANY PARTICULAR FONT STYLE, SIZE OR COLOR
`
`SER. NO. 76-596,770, FILED 06-14-2004
`
`

`

`Reg. No. 4,161,495
`
`Registered Jun. 19, 2012
`
`Corrected Mar. 30, 2021
`
`Int. Cl.: 25, 29, 30
`
`Trademark
`
`Principal Register
`
`KIND MANAGEMENT INC.  (DELAWARE CORPORATION)
`1372 Broadway, 3rd Floor
`New York, NEW YORK 10018
`
`CLASS 25: Clothing and apparel, namely, T-shirts, sweatshirts, caps, vests, jackets
`
`FIRST USE 5-31-2011; IN COMMERCE 9-26-2011
`
`CLASS 29: Sweet snacks, namely, fruit based snack food, dried fruit mixes; snack
`mixes consisting primarily of processed fruits and processed nuts; nutrition bars,
`namely, nut and seed based snack bars; fruit based snack food bars also containing
`grains, cereals, dried fruit, fruit juice; nut based snack food
`
`FIRST USE 6-14-2004; IN COMMERCE 6-14-2004
`
`CLASS 30: Snacks, namely, cereal based snack food; cereal based snack food bars,
`granola based snack food bars, grain based snack food; Snack foods, namely, granola
`based mixes, rice based snack food, whole grain based snack food
`
`FIRST USE 6-8-2011; IN COMMERCE 6-8-2011
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO
`ANY PARTICULAR FONT STYLE, SIZE OR COLOR
`
`OWNER OF U.S. REG. NO. 2984772
`
`SER. NO. 77-333,800, FILED 11-20-2007
`
`

`

`Reg. No. 6,548,607
`
`Registered Nov. 02, 2021
`
`KIND Management Inc.  (DELAWARE CORPORATION)
`3 Times Square
`New York, NEW YORK 10036
`
`Int. Cl.: 32
`
`Trademark
`
`Principal Register
`
`CLASS 32: Smoothies; smoothies served in bowls
`
`FIRST USE 7-20-2020; IN COMMERCE 7-20-2020
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO
`ANY PARTICULAR FONT STYLE, SIZE OR COLOR
`
`SER. NO. 88-982,980, FILED 04-26-2019
`
`

`

`qganited States of Amery,
`Antted States Patent and Trademark Office
`lly
`
`KIND
`
`Reg. No. 4,898,735
`Registered Feb. 9, 2016
`
`KIND MANAGEMENTINC. (DELAWARE CORPORATION)
`1372 BROADWAY
`NEWYORK, NY 10018
`
`Int. Cl.: 35
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`FOR: ONLINE RETAIL STORE SERVICES AND MAIL ORDER SERVICES FEATURING
`SNACK FOODS, SNACK-RELATED GIFT SETS AND APPAREL, IN CLASS 35 (U.S. CLS.
`100, 101 AND 102).
`
`FIRST USE 3-29-2005; IN COMMERCE3-29-2005.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIMTO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`SER. NO. 86-724,964, FILED 8-14-2015.
`
`DANNEAN HETZEL, EXAMINING AL'TORNEY
`
`
`
`Wtrettt, K Lo
`Director of the United States
`Patent and Trademark Office
`
`

`

`Generated on: This page was generated by TSDR on 2024-06-03 18:30:35 EDT
`
`Mark: KIND
`
`US Serial Number: 76596770
`
`US Registration
`Number:
`
`2984772
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Jun. 14, 2004
`
`Registration Date: Aug. 16, 2005
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`
`Status Date: Aug. 16, 2017
`
`Publication Date:May 24, 2005
` 
`
`Mark Literal
`Elements:
`
`KIND
`
`Mark Information
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Ready to eat, cereal derived food bars containing nuts
`
`International
`Class(es):
`
`030 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Jun. 14, 2004
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`U.S Class(es): 046
`
`Use in Commerce: Jun. 14, 2004
`
`Basis Information (Case Level)
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: KIND MANAGEMENT INC.
`
`Owner Address: 1372 BROADWAY, 3RD FLOOR
`
`

`

`NEW YORK, NEW YORK UNITED STATES 10018
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Attorney/Correspondence Information
`
`Attorney Name: Robert H. Newman
`
`Attorney Primary
`Email Address:
`
`ptoipinbox@reedsmith.com
`
`Attorney of Record
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Robert H. Newman
`REED SMITH LLP
`P.O. Box 488
`IP Docketing Department
`Pittsburgh, PENNSYLVANIA UNITED STATES 15230-0488
`
`Phone: 312-207-2408
`
`Fax: 312-207-6400
`
`Correspondent e-
`mail:
`
`ptoipinbox@reedsmith.com rnewman@reedsmith.
`com gbenoy@reedsmith.com mbabcock@reedsm
`ith.com jburstein@reedsmith.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Nov. 01, 2021
`Nov. 01, 2021
`Nov. 01, 2021
`Feb. 25, 2021
`May 31, 2017
`Feb. 24, 2021
`Jan. 13, 2021
`Feb. 28, 2019
`Feb. 19, 2019
`Dec. 28, 2018
`May 04, 2018
`Apr. 06, 2018
`Apr. 06, 2018
`Aug. 23, 2017
`Aug. 01, 2017
`Jul. 20, 2017
`Jul. 17, 2017
`May 31, 2017
`Sep. 16, 2015
`Sep. 16, 2015
`Sep. 16, 2015
`Sep. 16, 2015
`Aug. 14, 2015
`Aug. 14, 2015
`May 20, 2015
`Jan. 10, 2015
`Nov. 24, 2014
`Jul. 14, 2014
`Jul. 01, 2014
`Jan. 15, 2014
`Sep. 16, 2011
`Sep. 10, 2011
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`CORRECTION UNDER SECTION 7 - PROCESSED
`SEC 7 REQUEST FILED
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`REVIEW OF CORRESPONDENCE COMPLETE - ADDRESS NOT UPDATED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`PAPER RECEIVED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`OTQR WITHDRAWAL FROM PUBLICATION
`CORRECTION UNDER SECTION 7 - PROCESSED
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`TEAS SECTION 7 REQUEST RECEIVED
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`TEAS SECTION 8 & 9 RECEIVED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`REVIEW OF CORRESPONDENCE COMPLETE - INFORMATION MADE OF RECORD
`NOTICE OF SUIT
`PAPER RECEIVED
`PAPER RECEIVED
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
`
`Proceeding
`Number
`
`

`

`Sep. 10, 2011
`Sep. 09, 2011
`Aug. 02, 2011
`Jul. 19, 2011
`Jul. 19, 2011
`Jan. 13, 2010
`Dec. 16, 2009
`Dec. 16, 2009
`Dec. 24, 2008
`Aug. 21, 2008
`Aug. 16, 2005
`May 24, 2005
`May 04, 2005
`Apr. 01, 2005
`Jan. 31, 2005
`Jan. 24, 2005
`Jan. 18, 2005
`Jan. 18, 2005
`Jan. 14, 2005
`Jan. 14, 2005
`Jun. 24, 2004
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`TEAS SECTION 8 & 15 RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`REGISTERED-PRINCIPAL REGISTER
`PUBLISHED FOR OPPOSITION
`NOTICE OF PUBLICATION
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`ASSIGNED TO LIE
`APPROVED FOR PUB - PRINCIPAL REGISTER
`EXAMINER'S AMENDMENT MAILED
`EXAMINERS AMENDMENT -WRITTEN
`ASSIGNED TO EXAMINER
`NEW APPLICATION ENTERED
`TM Staff and Location Information
`
`Current Location: TMO LAW OFFICE 115
`
`Date in Location: Feb. 25, 2021
`
`Assignment Abstract Of Title Information
`
`TM Staff Information - None
`
`File Location
`
`Summary
`
`Total Assignments: 10
`
`Conveyance: CHANGE OF NAME
`
`Reel/Frame: 3905/0720
`
`Date Recorded: Dec. 17, 2008
`
`Supporting
`Documents:
`
`assignment-tm-3905-0720.pdf
`
`Name: PEACEWORKS
`
`Legal Entity Type: INC. ASSOCIATION
`
`Name: PEACEWORKS
`
`Legal Entity Type: CORPORATION
`
`Name: PEACEWORKS HOLDINGS
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Address: PO BOX 1393
`OLD CHELSEA STATION
`NEW YORK, NEW YORK 10113
`
`Correspondent
`Name:
`
`PEACEWORKS HOLDINGS, LLC
`
`Registrant: PeaceWorks
`
`Assignment 1 of 10
`
` 
`
`Pages: 3
`
`Assignor
`
`Execution Date: Jan. 01, 2007
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Execution Date: Jan. 01, 2007
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Correspondent
`
`

`

`Correspondent
`Address:
`
`PO BOX 1393
`OLD CHELSEA STATION
`NEW YORK, NY 10113
`
`Conveyance: CHANGE OF NAME
`
`Reel/Frame: 4128/0523
`
`Date Recorded: Jan. 11, 2010
`
`Supporting
`Documents:
`
`assignment-tm-4128-0523.pdf
`
`Domestic Representative - Not Found
`
`Assignment 2 of 10
`
`Pages: 4
`
`Name: PEACEWORKS HOLDINGS, LLC
`
`Execution Date: Jun. 03, 2009
`
`Assignor
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Name: KIND,LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Address: P.O. BOX 1393
`OLD CHELSEA STATION, NEW YORK 10113
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`RODRIGO ZULOAGA, LAURA E. SMITH, ESQ.
`
`Correspondent
`
`C/O KIND LLC P.O. BOX 1393
`OLD CHELSEA STATION
`NEW YORK, NY 10113
`
`Conveyance: SECURITY INTEREST
`
`Reel/Frame: 4881/0331
`
`Date Recorded: Oct. 15, 2012
`
`Supporting
`Documents:
`
`assignment-tm-4881-0331.pdf
`
`Name: KIND LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Name: BANK OF MONTREAL, AS AGENT
`
`Legal Entity Type: CHARTERED BANK
`
`Address: 115 SOUTH LASALLE STREET
`CHICAGO, ILLINOIS 60603
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`RICHARD KALWA
`
`111 WEST MONROE STREET
`CHAPMAN AND CUTLER LLP
`CHICAGO, IL 60603
`
`Conveyance: RELEASE BY SECURED PARTY
`
`Reel/Frame: 5178/0309
`
`Date Recorded: Dec. 19, 2013
`
`Domestic Representative - Not Found
`
`Assignment 3 of 10
`
`Pages: 9
`
`Assignor
`
`Execution Date: Oct. 15, 2012
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`State or Country
`Where Organized:
`
`ALBERTA
`
`Correspondent
`
`Domestic Representative - Not Found
`
`Assignment 4 of 10
`
`Pages: 7
`
`

`

`Supporting
`Documents:
`
`assignment-tm-5178-0309.pdf
`
`Name: BANK OF MONTREAL
`
`Legal Entity Type: CHARTERED BANK
`
`Name: KIND LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Address: 8 WEST 38TH STREET, 6TH FLOOR
`NEW YORK, NEW YORK 10018
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`RICHARD KALWA
`
`111 WEST MONROE STREET
`CHAPMAN AND CUTLER LLP
`CHICAGO, IL 60603
`
`Assignor
`
`Execution Date: Dec. 19, 2013
`
`State or Country
`Where Organized:
`
`ALBERTA
`
`Assignee
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Correspondent
`
`Domestic Representative - Not Found
`
`Assignment 5 of 10
`
`Conveyance: TRADEMARK SECURITY AGREEMENT
`
`Reel/Frame: 5181/0230
`
`Date Recorded: Dec. 19, 2013
`
`Supporting
`Documents:
`
`assignment-tm-5181-0230.pdf
`
`Name: KIND LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Pages: 8
`
`Assignor
`
`Execution Date: Dec. 19, 2013
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`Name: BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT
`
`Legal Entity Type: NATIONAL BANKING ASSOCIATION
`
`State or Country
`Where Organized:
`
`ALABAMA
`
`Address: 135 S. LASALLE STREET
`IL4-135-09-61
`CHICAGO, ILLINOIS 60603
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`TERRY L. WITCHER, PARALEGAL
`
`MCGUIREWOODS LLP
`P.O. BOX 31247
`CHARLOTTE, NC 28202
`
`Correspondent
`
`Conveyance: NUNC PRO TUNC ASSIGNMENT EFFECTIVE 12/31/2014
`
`Domestic Representative - Not Found
`
`Assignment 6 of 10
`
`Reel/Frame: 5511/0628
`
`Date Recorded: May 06, 2015
`
`Supporting
`Documents:
`
`assignment-tm-5511-0628.pdf
`
`Name: KIND LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Name: KIND INC.
`
`Pages: 12
`
`Assignor
`
`Execution Date: Dec. 31, 2014
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`

`

`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Address: 1372 BROADWAY, 3RD FLOOR
`NEW YORK, NEW YORK 10018
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`MARGARITA WALLACH
`
`MCCARTER & ENGLISH, LLP
`245 PARK AVENUE, 27TH FLOOR
`NEW YORK, NY 10167
`
`Correspondent
`
`Conveyance: NUNC PRO TUNC ASSIGNMENT EFFECTIVE 01/01/2015
`
`Domestic Representative - Not Found
`
`Assignment 7 of 10
`
`Reel/Frame: 5511/0640
`
`Date Recorded: May 06, 2015
`
`Supporting
`Documents:
`
`assignment-tm-5511-0640.pdf
`
`Name: KIND INC.
`
`Legal Entity Type: CORPORATION
`
`Name: KIND MANAGEMENT INC.
`
`Legal Entity Type: CORPORATION
`
`Address: 1372 BROADWAY, 3RD FLOOR
`NEW YORK, NEW YORK 10018
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`MARGARITA WALLACH
`
`MCCARTER & ENGLISH, LLP
`245 PARK AVENUE, 27TH FLOOR
`NEW YORK, NY 10167
`
`Conveyance: RELEASE BY SECURED PARTY
`
`Reel/Frame: 5875/0498
`
`Date Recorded: Sep. 13, 2016
`
`Supporting
`Documents:
`
`assignment-tm-5875-0498.pdf
`
`Pages: 12
`
`Assignor
`
`Execution Date: Jan. 01, 2015
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Correspondent
`
`Domestic Representative - Not Found
`
`Assignment 8 of 10
`
`Pages: 7
`
`Name: BANK OF AMERICA, N.A., AS ADMINISTRATIVE
`AGENT
`
`Legal Entity Type: NATIONAL BANKING ASSOCIATION
`
`Name: KIND LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Address: 1372 BROADWAY, 3RD FL.
`NEW YORK, NEW YORK 10018
`
`Correspondent
`Name:
`
`TRACEY D. BENNETT
`
`Correspondent
`Address:
`
`C/O GOODWIN PROCTER LLP
`620 8TH AVE.
`
`Assignor
`
`Execution Date: Sep. 07, 2016
`
`State or Country
`Where Organized:
`
`ALABAMA
`
`Assignee
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Correspondent
`
`

`

`NEW YORK, NY 10018
`
`Conveyance: SECURITY INTEREST
`
`Reel/Frame: 5872/0508
`
`Date Recorded: Sep. 08, 2016
`
`Supporting
`Documents:
`
`assignment-tm-5872-0508.pdf
`
`Name: KIND MANAGEMENT INC.
`
`Legal Entity Type: CORPORATION
`
`Domestic Representative - Not Found
`
`Assignment 9 of 10
`
`Pages: 11
`
`Assignor
`
`Execution Date: Sep. 08, 2016
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`Name: JPMORGAN CHASE BANK, N.A., AS ADMINISTRATIVE AGENT
`
`Legal Entity Type: NATIONAL ASSOCIATION
`
`State or Country
`Where Organized:
`
`ALABAMA
`
`Address: IL1-1145/54/63, P.O. BOX 6026
`CHICAGO, ILLINOIS 60680-6026
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`ZEYNEP GIESEKE
`
`330 N. WABASH AVENUE, SUITE 2800
`LATHAM & WATKINS LLP
`CHICAGO, IL 60611
`
`Correspondent
`
`Conveyance: RELEASE OF SECURITY INTEREST IN INTELLECTUAL PROPERTY COLLATERAL
`
`Domestic Representative - Not Found
`
`Assignment 10 of 10
`
`Reel/Frame: 7138/0611
`
`Date Recorded: Dec. 17, 2020
`
`Supporting
`Documents:
`
`No Supporting Documents Available
`
`Name: JPMORGAN CHASE BANK, N.A., AS
`ADMINISTRATIVE AGENT
`
`Legal Entity Type: NATIONAL BANKING ASSOCIATION
`
`Name: KIND MANAGEMENT INC.
`
`Legal Entity Type: CORPORATION
`
`Address: 3 TIMES SQUARE
`12TH FLOOR
`NEW YORK, NEW YORK 10036
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`GENEVIEVE DORMENT, ESQ.
`
`SIMPSON THACHER & BARTLETT LLP
`425 LEXINGTON AVENUE
`NEW YORK, NY 10017
`
`Pages: 10
`
`Assignor
`
`Execution Date: Dec. 15, 2020
`
`State or Country
`Where Organized:
`
`ALABAMA
`
`Assignee
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Correspondent
`
`Domestic Representative - Not Found
`
`

`

`Generated on: This page was generated by TSDR on 2024-06-03 18:31:26 EDT
`
`Mark: KIND
`
`US Serial Number: 77333800
`
`US Registration
`Number:
`
`4161495
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Nov. 20, 2007
`
`Registration Date: Jun. 19, 2012
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: Jan. 04, 2023
`
`Publication Date:Dec. 30, 2008Notice of Allowance Date:Mar. 24, 2009
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`KIND
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Related Properties Information
`
`0988693
`
`A0014452/0988693
`
`International
`Registration
`Number:
`
`International
`Application(s)
`/Registration(s)
`Based on this
`Property:
`
`Claimed Ownership
`of US
`Registrations:
`
`2984772
`
`Parent Of: 77981723
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Clothing and apparel, namely, T-shirts, sweatshirts, caps, [ vests, ] jackets
`
`International
`Class(es):
`
`025 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: May 31, 2011
`
`U.S Class(es): 022, 039
`
`Use in Commerce: Sep. 26, 2011
`
`For: Sweet snacks, namely, fruit based snack food, dried fruit mixes; snack mixes consisting primarily of processed fruits and processed
`
`

`

`nuts; nutrition bars, namely, nut and seed based snack bars; fruit based snack food bars also containing grains, cereals, dried fruit, fruit
`juice; nut based snack food
`
`International
`Class(es):
`
`029 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Jun. 14, 2004
`
`U.S Class(es): 046
`
`Use in Commerce: Jun. 14, 2004
`
`For: Snacks, namely, cereal based snack food; cereal based snack food bars, granola based snack food bars, grain based snack food;
`Snack foods, namely, granola based mixes, rice based snack food, whole grain based snack food
`
`International
`Class(es):
`
`030 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Jun. 08, 2011
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`U.S Class(es): 046
`
`Use in Commerce: Jun. 08, 2011
`
`Basis Information (Case Level)
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: KIND MANAGEMENT INC.
`
`Owner Address: 3 Times Square
`NEW YORK, NEW YORK UNITED STATES 10036
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Attorney/Correspondence Information
`
`Attorney Name: Robert H. Newman
`
`Attorney Primary
`Email Address:
`
`ptoipinbox@reedsmith.com
`
`Attorney of Record
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Robert H. Newman
`REED SMITH LLP
`P.O. Box 488
`IP Docketing Department
`Pittsburgh, PENNSYLVANIA UNITED STATES 15230-0488
`
`Phone: 312-207-2408
`
`Fax: 312-207-6400
`
`Correspondent e-
`mail:
`
`ptoipinbox@reedsmith.com gbenoy@reedsmith.c
`om jburstein@reedsmith.com rnewman@reedsmit
`h.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Jan. 04, 2023
`Jan. 04, 2023
`Jan. 04, 2023
`Jan. 04, 2023
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Proceeding
`Number
`
`

`

`Jun. 16, 2022
`Nov. 01, 2021
`Nov. 01, 2021
`Nov. 01, 2021
`Jun. 19, 2021
`Feb. 22, 2021
`Jan. 13, 2021
`Feb. 19, 2019
`Jun. 27, 2018
`Jun. 27, 2018
`Jun. 27, 2018
`Jun. 22, 2018
`Jun. 12, 2018
`Jun. 01, 2018
`May 04, 2018
`Apr. 06, 2018
`Apr. 06, 2018
`Aug. 23, 2017
`Jul. 17, 2017
`Jun. 19, 2017
`May 31, 2017
`May 31, 2017
`May 20, 2015
`Nov. 24, 2014
`Jan. 15, 2014
`Jun. 19, 2012
`May 16, 2012
`May 15, 2012
`May 09, 2012
`Apr. 10, 2012
`Mar. 23, 2012
`Mar. 23, 2012
`Nov. 22, 2011
`Nov. 22, 2011
`Sep. 30, 2011
`Sep. 29, 2011
`Sep. 24, 2011
`Sep. 26, 2011
`Sep. 16, 2011
`Aug. 19, 2011
`Aug. 17, 2011
`Mar. 29, 2011
`Mar. 28, 2011
`Mar. 24, 2011
`Mar. 28, 2011
`Mar. 24, 2011
`Mar. 24, 2011
`Mar. 24, 2011
`Mar. 09, 2011
`Mar. 09, 2011
`Sep. 30, 2010
`Sep. 29, 2010
`Sep. 03, 2010
`Sep. 29, 2010
`Sep. 03, 2010
`
`TEAS SECTION 8 & 9 RECEIVED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTE