Tuesday, August 16, 2022

Alcoholic Sunny Delight? Recent Trademark Filings Indicate It May Be Coming

Is Sunny Delight getting into the alcoholic beverage industry? Recent trademark filings suggest so. On August 11th, Sunny Delight Beverages Co. filed federal trademark applications for:

Both applications cover the same goods, namely:
  • Alcoholic beverages, except beer; hard seltzer (in Class 33); and
  • Fruit juice drinks containing water; fruit punch; non-alcoholic beverages, namely, carbonated beverages and fruit juice drink-based beverages with vitamins; energy drinks; beer (in Class 32).
Sunny Delight filed these applications on an intent-to-use basis, suggesting it is not currently selling these products but has a bona fide intention to do so in the near future. TMEP 806.01(b). While the filings in no way require Sunny Delight to sell a SunnyD Screwy or Screwie in the future, they do suggest that plans for an alcoholic beverage are in the works. Sunny Delight will need to start actually selling the products before these trademarks can register, as trademarks cannot be registered until they are in use (with limited exceptions).

This isn't the first federal trademark application covering alcoholic beverages filed by Sunny Delight. Back in June 2021, it filed another application for SUNNYD covering "alcoholic beverages, except beer; hard seltzer." That application was approved by the U.S. Patent and Trademark Office, but Sunny Delight still needs to prove it is actually using that mark in conjunction with alcoholic beverages before the mark can be registered.

For those of you who dreamed of a Sunny Delight screwdriver, your dream may be coming true soon.