Notice of Allowance

D H

Daily Harvest, Inc.

Official USPTO Notice of Allowance: U.S. Trademark SN 88791933: D H (Stylized/Design): Docket/Reference No. 130222


From: TMOfficialNotices@USPTO.GOV
Sent: Tuesday, August 11, 2020 00:17 AM
To: mwallach@mccarter.com
Cc: kgarrone@mccarter.com ;  dlynch@mccarter.com ;  nytmdocket@mccarter.com
Subject: Official USPTO Notice of Allowance: U.S. Trademark SN 88791933: D H (Stylized/Design): Docket/Reference No. 130222



NOTICE OF ALLOWANCE (NOA)

ISSUE DATE: Aug 11, 2020

U.S. Serial Number:   88791933
Mark:   D H (Stylized/Design)
Docket/Reference Number:  130222

No opposition was filed for this published application.  The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request).  WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue.  Please read below for important information regarding the applicant's pending six (6) month deadline.

SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either:
   - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally);  OR
   - An Extension Request, if the applicant is not yet using the mark in commerce.  If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed.  The applicant may file a total of five (5) extension requests.  WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued.  The deadline for filing is always calculated from the issue date of the NOA.

How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS).  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.  Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.  If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see http://www.gov.uspto.report/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process.

FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.

REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit.  Please use the "Post-Publication Amendment" form under the "POST-APPROVAL/PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) AMENDMENT FORMS" category, available at http://www.gov.uspto.report/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa.  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.

Serial Number: 88791933
Mark: D H (Stylized/Design)
Docket/Reference Number: 130222
Owner: Daily Harvest, Inc.
99 Hudson Street
New York , NEW YORK   10013

Correspondence Address: MARGARITA WALLACH, ESQ.
MCCARTER & ENGLISH, LLP
825 EIGHTH AVENUE, 31ST FLOOR
WORLDWIDE PLAZA
NEW YORK, NY 10019

This application has the following bases, but not necessarily for all listed goods/services:
Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

029 - Chia seed oil for food; Prepared meals consisting primarily of chia seeds; Non-dairy creamer; Non-dairy based mix for making whipped toppings; Non-dairy based whipped topping ; Almond milk; Almond milk-based beverages; coconut milk; coconut milk-based beverages; soy milk; oat milk; nut milk; plant based milk, namely, nut-based milks, almond based milks, soy based milks, oat based milk and coconut based milk beverages; non-dairy milks in the nature of plant-based milks; milk substitutes -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
030 - Pizza; Flatbread; Non-dairy frozen confections; Non-dairy pre-processed mixes for making non-dairy frozen confections; Tea-based beverages also containing non-dairy milk -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
032 - coconut-based beverages not being milk substitutes; Coconut-based non-alcoholic beverages not being milk substitutes -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.




Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here.

Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration.  The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation.

Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at http://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of this application, go to http://tsdr.gov.uspto.report/#caseNumber=88791933&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch  or contact the Trademark Assistance Center at 1-800-786-9199.  Please check the status of any application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go to http://tsdr.gov.uspto.report/#caseNumber=88791933&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch.  NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

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