Friday, August 11, 2017

Is the Halo Top Product Line Expanding? Trademark Applications for Ice Cream Bars, Yogurt, Custard Filed

Halo Top is a line of low-calorie, high-protein, low-sugar ice cream sold by Eden Creamery in Los Angeles. Currently the company sells a variety of ice cream flavors and has become increasingly popular over the last couple years. On November 15, 2016, the creamery received a federal trademark registration for HALO TOP covering ice cream and online retail store/online ordering services featuring ice cream.
More recent trademark applications, however, suggest that Eden Creamery may have plans to expand the HALO TOP line of products. On August 7th, the creamery filed another trademark application for HALO TOP with the U.S. Patent and Trademark Office, this one covering the following goods:
  • Dietary supplemental drinks; Powdered nutritional supplement drink mix; Protein supplement shakes (Class 5);
  • Ice cream makers; Ice machines and apparatus (Class 11);
  • Ice cream scoops (Class 21);
  • Bases for making milk shakes; Cream; Dairy-based beverages; Ice cream shakes; Non-dairy creamer; Sour milk; Whipped cream; Whipped topping; Milk shakes (Class 29); and
  • Ice cream soda (Class 32)
Further, on August 1st the company filed yet another trademark application for HALO TOP covering:
  • Custard style yoghurts; Greek yogurt; Yogurt; Yogurt drinks (Class 29);
  • Custard; Frozen custards; Frozen yogurt; Frozen yogurt confections; Frozen yogurt mixes (Class 30); and
  • Self-serve frozen yogurt shop services
And finally, back in March, Eden Creamery filed an application for HALO TOP covering:
  • Frozen confections; ice cream bars; ice cream sandwiches; ice cream novelties and frozen confection novelties; frozen confections and ice cream for retail and wholesale distribution and consumption (Class 30);
  • Ice cream and frozen confection parlor shop store services; scoop shop in the nature of ice cream and frozen confection parlor services; retail store services featuring ice cream, frozen confection and frozen confection novelties for consumption off the premises; wholesale store services featuring frozen confections and ice cream; online wholesale store services featuring frozen confections and ice cream; wholesale distributorship services featuring ice cream and frozen confections; online wholesale distributorship services featuring ice cream and frozen confections (Class 35)
Eden Creamery filed the three HALO TOP applications from March and August 2017 on an intent to use basis, suggesting the creamery is not selling these products or providing these services yet, but does have a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). While these applications by no means guarantee that Eden Creamery will release these Halo Top goods and services, the company is required to start selling the goods and rendering the services in interstate commerce before the applications can mature into registrations. See TMEP 1103.

If you're a Halo Top fan, keep an eye out for more delicious Halo Top products (and perhaps ice cream parlors) in the near future.

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