What this record means
The record shows that the mark “PETALS” is dead and was abandoned by the owner, John F Burkhardt, an individual, after the applicant failed to respond to an Office action. The mark was filed on June 14 2013 and abandoned on April 29 2014. It covered a narrow range of staple foods, specifically ready‑to‑drink teas, herbal and fruit teas, tea‑based beverages, frozen yogurt, ice cream, gelatin desserts, granola bars, cereal bars, breakfast cereals, biscuits, tarts, cakes made with cereals, and cereal‑based snack foods. A similar name would raise the closest concern in the food and beverage sector, especially for products that are ready‑to‑drink teas or related snack items. The abandonment means the owner no longer holds rights, so the mark does not control use of the word in other contexts. The prosecution history shows no opposition or enforcement activity. For someone looking at a similar name, the record suggests that while the specific food goods are no longer protected, the name could still be used elsewhere without conflict, though caution is advised if the new use overlaps the abandoned goods.
Informational only - not legal advice.Goods & services
ready-to-drink tea; ready-to-drink tea-based beverages; herbal tea-based beverages; herbal tea beverages; ready-to-drink flavored teas; ready-to-drink flower tea; ready-to-drink fruit teas; herbal tea and fruit flavoring; flower tea; tea; herbal tea; tea-based beverages containing milk or milk substitutes; frozen yogurt; ice cream; ice cream desserts; frozen dessert consisting of fruit and cream or cream substitutes, flavored and sweetened gelatins; flavored, sweetened gelatin desserts, herbal gelatin desserts, tea-based gelatin desserts, flower-based gelatin desserts; granola-based snack bars; cereal bars; breakfast cereals; biscuits, tarts, cakes made with cereals, cereal-based snack foods
