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.

New York Dairy Files Trademark Application for WINE ICE CREAM and Design

I have a lot of questions about this trademark application. Where can I get it? Does it contain wine (hint - yes)? Is it merely descriptive?

The answer to the first question appears to be Mercer's Dairy in Boonville, New York. On March 17, an entity doing business under that name filed this federal trademark application, an application for WINE ICE CREAM and Design, seen below. The application covers only "ice cream" in Class 30. According to the application, Mercer's Dairy has been selling ice cream under this mark since as least May 1, 2007.

According to Mercer's website, there are several flavors of wine ice cream, including Chocolate Cabernet (which I think is pictured in the applicant's specimen submitted with the trademark application and seen below), Cherry Merlot, Riesling, and Red Raspberry Chardonnay.

But is this mark merely descriptive of the underlying goods with which it is used, such that the Trademark Office will refuse registration under Section 2(e)(1) of the Lanham Act? The Trademark Office generally considers a mark to be merely descriptive if it "describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services." TMEP 1209.01(b). Merely descriptive designations cannot be registered on the Principal Register without a showing of acquired distinctiveness (i.e., proof that the mark has become distinctive as applied to the applicant's goods). See TMEP 1212.

Does a picture of a wine glass and the text WINE ICE CREAM merely describe "ice cream"? We'll find out what the examining attorney assigned this application thinks in approximately three months when this application is assigned to an attorney at the Trademark Office.

TWINKIE Ice Cream? TWINKIE Cappuccino? Both May Be Coming Soon, According to Recent Trademark Applications

If you've dreamed of your favorite childhood treat in ice cream form, your dream may be coming true in the near future.  On November 11th, Hostess Brands, LLC filed a federal trademark application for its Twinkie The Kid character seen to the right in Class 30 for "ice cream; frozen confections."

Hostess filed the application on an "intent to use" basis, suggesting it is probably not using this mark in conjunction with ice cream and frozen confections yet, but has a bona fide intention to do so in the near future.  In other words, this filing basis is supposed to suggest that Hostess is contemplating offering some sort of ice cream or frozen confection product relatively soon.

Hostess already owns two federal trademark registrations for the same Twinkie The Kid character in Class 30 for "bakery goods, cakes, bread, buns and rolls" and "cake."

Do you love coffee too?  On November 9th, a couple days before the Twinkie The Kid ice cream application, Hostess filed another federal trademark application for TWINKIES in Class 30 for "prepared cappuccino and coffee-based beverages and cappuccino and coffee-based mixes."  Hostess also based this application on an "intent to use" basis.  Twinkie flavored coffee, anyone?

Travel to the St. Thomas for SCOOPS & BREW

Next time you're in St. Thomas and have a craving for coffee and ice cream at the same time, stop by Scoops & Brew.

On February 22nd, the individual who owns the restaurant/coffee/ice cream shop filed a federal trademark application for the design mark seen above in Class 043 for "combination coffee bar and ice cream shop, and coffee and ice cream shop services in the nature of a restaurant." [I was hoping the "Brew" stood for beer, but coffee will do - ed.]. This trademark application, if it registers, will give the applicant the exclusive, nationwide right to use the logo above on coffee and ice cream shop related services.

According to the trademark application, the restaurant first started using this trademark on October 24, 2014. And after looking at their website, it looks delicious.

Mackinac Island Creamery Attempts to Secure PECAN TURTLE FUDGE For Ice Cream

A Michigan ice cream shop recently filed a delicious trademark application related to ice cream. The Mackinac Island Creamery, which is apparently owned by the General Container Company, LLC, filed a federal trademark application for PECAN TURTLE FUDGE ice cream on October 11th.

Surprisingly, a very quick search did not reveal any other trademark applications containing pecan turtle fudge. Therefore, if the Mackinac Island Creamery successfully registers this trademark, they will essentially be the only company in the U.S. that can sell an ice cream called Pecan Turtle Fudge. According to the trademark application, the Mackinac Island Creamery has been selling Pecan Turtle Fudge since 2007. If you're in the area, check it out.