| Serial Number | 79074443 |
| Word Mark | APSINTHION DE LUXE |
| Filing Date | Friday, October 9, 2009 |
| Status | 404 - IR CANCELLED - US REGISTRATION CANCELLED |
| Status Date | Thursday, October 10, 2019 |
| Registration Number | 4043745 |
| Registration Date | Tuesday, October 25, 2011 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, August 9, 2011 |
| Indication of Colors claimed | The color(s) light green, dark green, dark yellow, grey, white, red, and brown is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "POLSKI"; "DE LUXE"; "ABSINTHE"; "HANDCRAFTED IN POLAND"; "FINEST EXTRACTS OF WORMWOOD, LEMON BALM & ANISE"; "QUALITY"; "100% NATURAL"; "ALL THE HERBS, INCLUDING WORMWOOD, LEMON BALM AND FENNEL, ARE HAND PICKED HIGH IN THE WISLA RESERVE, IN SOUTHERN POLAND. HERE THE MICROCLIMATE PROVIDES A PERFECT BLEND OF CLEAR AIR, CLEAN SPRING WATER, ALTITUDE AND TERROIR"; AND "HANDPICKED HERBS" |
| Description of Mark | The mark consists of the three-dimensional configuration of packaging for the goods, with the bottom third of the bottle, just above the base, depicting a wave like pattern that narrows towards the left into a crest like design. Just below the crest is a label that follows the shape of the wave like pattern, narrowing from right to left. The label displays a landscape of evergreen trees in various green colors. The top of the label features a light grey band sitting on top of a thin, yet darker grey band. The bottom of the label displays a dark green band with two yellow strips and a horizontally displayed banner featuring the words "handpicked herbs". The verbiage "100% Natural; All the herbs, including Wormwood, Lemon Balm and Fennel, are hand picked high in the Wisla Reserve, in Southern Poland. Here the microclimate provides a perfect blend of clean air, clear spring water, altitude and terroir; Handpicked Herbs" is displayed on this label in yellow. The main label is displayed in the center of the bottle. It is outlined in light grey, dark grey, green and brown form the outside to the inside. The label features a design of a striped banner with the word "APSINTHION" therein. The words "DE LUXE" are displayed in grey on the on the back of the curved edge to the right of the banner below the letters "ION" of the word "APSINTHION". The color dark grey appears in the shadows of the letters in the word "APSINTHION" in the mark. The color green appears in the background of the banner, in the stripes in the banner, and on the back of the curved edge of the right side of the banner. The color grey appears in the edges of the banner, and is mixed with green on the upper right and lower left edges of the banner. The color grey also appears in the back of the left curved edge of the banner. The color yellow appears in the top and left edges of the letters in the word "APSINTHION" in the mark. The color white appears in the wording "APSINTHION". Below the banner is a forest landscape with trees on the left and a cabin on the right. To the right of the cabin is a second smaller banner in yellow outlined in brown, displaying the word "QUALITY" in brown. The literal element "ABSINTHE" is displayed in white in the center of the lower part of the label. Below the word "ABSINTHE" are the words "FINEST EXTRACTS OF WORMWOOD, LEMON BALM & ANISE". These words are displayed in yellow. The upper left corner of the label shows within the curved edge of the "APSINTHION" banner four coins in yellow and brown and different in size. The coins are topped with vine looking branches. The literal element "HANDCRAFTED IN POLAND" is displayed in the center of the top of the label in white outlined in dark green. A yellow line indicating a vertically situated rectangular with rounded edges is displayed within the label. The line is broken up on the top and bottom of the label ending in crest like designs. To the bottom right, the line leads to the "QUALITY" banner and vine like leaves. The third label is of rectangular shape and runs down the neck of the bottle vertically from the top down leading into a circle. The label is outlined in grey, white and yellow from the outside inbound. The inside of the rectangular portion is white and displays the literal elements "Apsinthion De Luxe" as well as a dot between each literal element in yellow. The background of the rectangle shows floral designs in grey. The circle at the bottom of the rectangle, which is outlined in grey, consists of a red centre that is outlined in dark green. The area between the dark green outline and the grey outer outline of the circle is green and is outlined in dark green. The words, "APSINTHION", and "POLSKI ABSINTHE" are shown in the green circle. In addition, the red centre displays a tree like design in brown. The matter shown in broken lines is not part of the mark and serves only to show placement of the mark. |
| Goods and Services | Alcoholic beverages, namely, absinthe, prepared absinthe-flavored cocktails, herbal liqueurs |
| Translation of Words in Mark | The English translation of "POLSKI" in the mark is "POLISH". The English translation of "APSINTHION" in the mark is "UNDRINKABLE". |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, June 1, 2018 |
| Primary Code | 033 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Distilleries Group Toorank B.V. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | NL |
| Party Name | Distilleries Group Toorank B.V. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | NL |
| Party Name | Distilleries Group Toorank B.V. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | NL |
| Event Date | Event Description |
| Friday, May 22, 2020 | NOTIFICATION OF EFFECT OF CANCELLATION OF INTL REG E-MAILED |
| Friday, May 22, 2020 | DEATH OF INTERNATIONAL REGISTRATION |
| Friday, March 15, 2019 | TOTAL INVALIDATION PROCESSED BY THE IB |
| Thursday, February 7, 2019 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Thursday, February 7, 2019 | INVALIDATION PROCESSED |
| Friday, February 1, 2019 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, June 1, 2018 | CANCELLED SECTION 71 |
| Tuesday, October 25, 2016 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, May 4, 2012 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, April 13, 2012 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, April 13, 2012 | FINAL DISPOSITION PROCESSED |
| Wednesday, January 25, 2012 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, October 25, 2011 | REGISTERED-PRINCIPAL REGISTER |
| Saturday, October 1, 2011 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, August 9, 2011 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, August 9, 2011 | PUBLISHED FOR OPPOSITION |
| Saturday, August 6, 2011 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Wednesday, July 20, 2011 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, July 20, 2011 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, July 6, 2011 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Tuesday, June 28, 2011 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, June 28, 2011 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, June 28, 2011 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, June 28, 2011 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, June 28, 2011 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, May 5, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, May 4, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, May 4, 2011 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, April 30, 2011 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Wednesday, April 13, 2011 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, April 13, 2011 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Friday, November 5, 2010 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, November 5, 2010 | NON-FINAL ACTION E-MAILED |
| Friday, November 5, 2010 | NON-FINAL ACTION WRITTEN |
| Monday, August 30, 2010 | PRELIMINARY/VOLUNTARY AMENDMENT - ENTERED |
| Monday, August 30, 2010 | TEAS VOLUNTARY AMENDMENT RECEIVED |
| Friday, August 13, 2010 | AMENDMENT FROM APPLICANT ENTERED |
| Friday, August 13, 2010 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, August 10, 2010 | ASSIGNED TO LIE |
| Monday, July 26, 2010 | FAX RECEIVED |
| Wednesday, July 21, 2010 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, July 21, 2010 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Monday, February 22, 2010 | REFUSAL PROCESSED BY IB |
| Monday, January 25, 2010 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, January 25, 2010 | REFUSAL PROCESSED BY MPU |
| Friday, January 22, 2010 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, January 21, 2010 | NON-FINAL ACTION WRITTEN |
| Tuesday, January 12, 2010 | ASSIGNED TO EXAMINER |
| Saturday, November 21, 2009 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, November 17, 2009 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Friday, November 13, 2009 | LIMITATION OF GOODS/SERVICES FROM IB ENTERED |
| Thursday, November 12, 2009 | SN ASSIGNED FOR SECT 66A APPL FROM IB |