ESMERALDA

What this record means

The record shows that the application for ESMERALDA by Desert Gourmet Foods, Inc., a Florida corporation, is dead; it was abandoned on May 6 1992 because no Statement of Use or extension was filed after the Notice of Allowance was issued. The filing covered frozen fruits and vegetables (excluding nuts) in class 029 and fresh fruits and vegetables (excluding nuts) in class 031, so a later use of “Esmeralda” for food products in those categories would be the closest area of concern. The record does not give the owner control over every possible use of the word, only over the specific goods listed. The prosecution history shows the application moved through publication, a Notice of Allowance that required a Statement of Use, and then abandonment when that statement was never submitted. No opposition, cancellation or court action appears in the supplied history. I'd treat this as a meaningful concern if you plan to market similar fresh or frozen produce under the same name.