| Serial Number | 79282319 |
| Word Mark | 100% PURE CACAO FRUIT WHOLEFRUIT |
| Filing Date | Monday, February 17, 2020 |
| Status | 405 - IR CANCELED - APPLICATION TRANSFRMED |
| Status Date | Friday, November 19, 2021 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, August 17, 2021 |
| Goods and Services | Cocoa; cocoa powder; cocoa products, namely, cocoa-based condiments and seasonings for food and drink; cocoa-based ingredients in confectionery products and beverages, namely, beverage and food additives based on cocoa or mainly consisting of cocoa in the nature of cocoa extract for culinary purposes excluding cocoa butter; chocolate; chocolate-based products, namely, chocolate bars, chocolate-based spreads, chocolate-based edible gel; chocolate icing; chocolate coating for food; chocolate topping; chocolate-based fillings for cakes and pies; chocolate pastes; chocolate-based beverages; chocolate syrups; chocolate fudge; chocolate decorations for confectionery items; preparations for making chocolate-based beverages; chocolate decorations for cakes; all the foregoing goods for catering and food service professionals and for the food service industry |
| Description of Mark | The mark consists of a stylized design of two cacao fruits attached to a branch with three leaves appearing within an incomplete circle connected to horizontal lines. The wording "100% PURE CACAO FRUIT" appears above the stylized design and the wording "WHOLEFRUIT" appears underneath and is partially underlined. |
| Transformation Information | 76720822 |
| Pseudo Mark | ONE HUNDRED PERCENT PURE CACAO FRUIT WHOLE FRUIT; ONE ZERO ZERO PURE CACAO FRUIT WHOLE FRUIT |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "100% PURE CACAO FRUIT WHOLE FRUIT" |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | H - NOT AVAILABLE |
| Class Status Date | Monday, August 16, 2021 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Barry Callebaut AG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | CH |
| Party Name | Barry Callebaut AG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | CH |
| Event Date | Event Description |
| Wednesday, December 1, 2021 | REQUEST FOR TRANSFORMATION PROCESSED - TOTAL |
| Tuesday, November 9, 2021 | TEAS REQUEST FOR TRANSFORMATION RECEIVED |
| Sunday, September 5, 2021 | NOTIFICATION OF EFFECT OF CANCELLATION OF INTL REG E-MAILED |
| Saturday, September 4, 2021 | DEATH OF INTERNATIONAL REGISTRATION |
| Tuesday, August 17, 2021 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, August 17, 2021 | PUBLISHED FOR OPPOSITION |
| Wednesday, July 28, 2021 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, July 28, 2021 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, July 28, 2021 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, July 8, 2021 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, July 8, 2021 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, July 8, 2021 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, June 17, 2021 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Thursday, June 17, 2021 | EX PARTE APPEAL-INSTITUTED |
| Thursday, June 17, 2021 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Thursday, June 17, 2021 | EXPARTE APPEAL RECEIVED AT TTAB |
| Thursday, December 17, 2020 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, December 17, 2020 | FINAL REFUSAL E-MAILED |
| Thursday, December 17, 2020 | FINAL REFUSAL WRITTEN |
| Thursday, November 26, 2020 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, November 25, 2020 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, November 25, 2020 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, June 19, 2020 | REFUSAL PROCESSED BY IB |
| Friday, May 29, 2020 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, May 28, 2020 | REFUSAL PROCESSED BY MPU |
| Sunday, May 10, 2020 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Saturday, May 9, 2020 | NON-FINAL ACTION WRITTEN |
| Wednesday, May 6, 2020 | ASSIGNED TO EXAMINER |
| Tuesday, April 7, 2020 | APPLICATION FILING RECEIPT MAILED |
| Friday, April 3, 2020 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, April 2, 2020 | SN ASSIGNED FOR SECT 66A APPL FROM IB |