KEEP IT REAL

What this record means

The record shows that “KEEP IT REAL” is an abandoned application (status “dead” as of Dec 13 2010) filed by WooHoo Foods, a Delaware corporation, and it never entered the register. The only goods listed are in International Class 029 – dehydrated fruit snacks, dried fruit‑based snacks, fruit‑ and soy‑based snack foods, nut and seed‑based snack bars, and organic versions of those products – so the closest area of concern would be any new brand using “KEEP IT REAL” for similar snack foods or related edible items. The record does not give WooHoo Foods control over the phrase in other categories, such as apparel or services, and it does not extend to all possible uses of the words. The prosecution history shows a non‑final office action in May 2010 followed by an abandonment notice in December 2010 because the applicant failed to respond, and there are no later maintenance filings or enforcement actions noted. I'd treat this as a meaningful concern if you plan a snack‑food brand with the same wording.