| Serial Number | 97480820 |
| Word Mark | BARISTA'S CHOICE BY VITASOY |
| Filing Date | Wednesday, June 29, 2022 |
| Status | 732 - THIRD EXTENSION - GRANTED |
| Status Date | Thursday, August 8, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, January 10, 2023 |
| Goods and Services | Coffee; coffee drinks; coffee substitutes; coffee-based drinks and beverages containing milk substitutes; cocoa and chocolate based beverages; tea; tea drinks; cocoa; sugar; tapioca; sago; flour and preparations made from cereals, namely, processed cereals; preparations made from oats, namely, processed oats; food products derived from cereals and grains, namely, cereal-based snack foods; oat-based food and foodstuffs, namely, oatmeal; oatmeal, rolled oats; processed cereals; breakfast cereals; cereal bars and cereal based energy-bars; cereal baking powders; oat flakes; Wheat-based snack foods; cereal-based snack foods; oat-based cake mixes, oat-based biscuit mixes; bread; biscuits; cakes; pastry and confectionery made of sugar; ice; honey; treacle; yeast, baking-powder; salt; mayonnaise; ice cream; ice cream substitute; ice cream made from milk substitutes; non-dairy ice cream; oat-based ice cream; soy-based ice cream; frozen yogurt made from milk substitutes; non-dairy frozen yoghurt; custard; oat-based custard; pancakes; waffles; pre-mixed pancake batter; oat-based pancakes; oat-based waffles; oat-based pre-mixed pancake batter; sauces; cooking sauces; oat-based sauces for use as a condiment; oat-based dairy puddings for use as desserts; plant-based ice-cream |
| Description of Mark | The mark consists of the wording "BARISTA'S CHOICE BY", to the left of a partially shaded circle containing a design of a plant with five leaves. Above the circle is the wording "VITASOY", where the "O" in "VITASOY" bears the same design as the circle below "VITASOY". |
| Goods and Services | Plant-based milk; plant milk; plant-based milk and non-dairy milk substitutes; milk drinks; milk-based beverages; nut-based milk; rice milk; rice milk-based beverages; legumes-based milk; wheat milk; wheat milk-based beverages; oat milk; oat milk-based beverages; grain milk; grain milk-based beverages; coconut milk; coconut milk-based beverages; almond milk; almond milk-based beverages; soy milk; soy milk-based beverages; oat-based cheese; oat-based yogurt; oat-based pulses preserved; oat-based snack dips; food products derived from nuts, legumes, herbs, fruits or vegetables, namely, processed nuts, processed legumes, cheese containing herbs, preserved fruits, preserved vegetables; dairy substitutes, namely, non-dairy milk substitutes and cheese substitutes; dairy product substitutes, namely, cheese substitutes and milk substitutes; milk substitutes containing oats; oat-based beverages and drinks for use as a milk substitute; milk substitute based beverages and drinks; oat-based drinks for use as a milk substitute containing fruit flavors; milk substitute-based drinks containing coffee; yogurt substitutes; yogurt substitutes containing oats; oat-based yogurt substitute; sour cream substitutes; sour cream substitutes containing oats; artificial cream substitutes; cream fraiche substitutes; cream substitutes containing oats; creame fraiche substitutes containing oats; non-dairy creamer; Non-dairy creamer in the nature of oat-based cooking cream and creamer; vegetable based cream; butter substitutes; margarine substitutes; oat-based butter substitutes; oat-based margarine substitutes; cheese substitutes; milk substitute powder; Oat milk-based energy drinks; Oat milk-based breakfast beverages; yoghurt; meat; fish, preserved; poultry; jellies, jams, compotes; eggs; tofu; tofu by-products and tofu-based snacks; plant-egg tofu; egg tofu |
| Goods and Services | Non-alcoholic water based beverages also containing soya bean, black beans, oats, sesame, rice, coconut, almond, legumes, nuts, grains, cereals; fruit drinks and juices; vegetable drinks and juices; herbal drinks; syrups, powders, extracts, concentrates and other preparations for making carbonated and non-carbonated non-alcoholic fruit juice, vegetable juice drinks and beverages; non-alcoholic water based beverages also containing plant-based juices, namely, soy bean juices, rice juices, black bean juices, coconut juices, almond juices, sesame juices, and oat juices; non-alcoholic plant-based extracts, other than essential oils, used in the preparation of soft drink beverages, namely, soy bean extracts, rice extracts, black bean extracts, coconut extracts, almond extracts, sesame extracts, and oat extracts; non-alcoholic plant juice beverages, other than substitutes for milk, namely, soy beverages, rice beverages, black bean beverages, coconut beverages, almond beverages, sesame beverages, and oat beverages; energy drinks; fruit juice drink beverages; smoothie beverages also containing oat milk; soft drinks; beer, ale and porter; mineral, distilled and aerated water; preparations for making non-alcoholic carbonated beverages; non-alcoholic carbonated beverages; Non-alcoholic carbonated coffee and chocolate flavored beverages; Non-alcoholic carbonated tea flavored drinks; Non-alcoholic carbonated milk and milk substitute flavored beverages |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, July 19, 2022 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | 6 - Active |
| Class Status Date | Tuesday, July 19, 2022 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 032 - Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. |
| US Class Codes | 045, 046, 048 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, July 19, 2022 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Vitasoy International Holdings Limited |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | The New Territories HK |
| Party Name | Vitasoy International Holdings Limited |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | The New Territories HK |
| Event Date | Event Description |
| Saturday, July 2, 2022 | NEW APPLICATION ENTERED |
| Tuesday, July 19, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, July 20, 2022 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Thursday, September 8, 2022 | ASSIGNED TO EXAMINER |
| Sunday, September 18, 2022 | NON-FINAL ACTION WRITTEN |
| Sunday, September 18, 2022 | NON-FINAL ACTION E-MAILED |
| Sunday, September 18, 2022 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, November 3, 2022 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, November 3, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, November 4, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Saturday, December 3, 2022 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, December 21, 2022 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, January 10, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, January 10, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, March 7, 2023 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Thursday, September 7, 2023 | SOU TEAS EXTENSION RECEIVED |
| Thursday, September 7, 2023 | SOU EXTENSION 1 FILED |
| Thursday, September 7, 2023 | SOU EXTENSION 1 GRANTED |
| Saturday, September 9, 2023 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Thursday, March 7, 2024 | SOU TEAS EXTENSION RECEIVED |
| Thursday, March 7, 2024 | SOU EXTENSION 2 FILED |
| Thursday, March 7, 2024 | SOU EXTENSION 2 GRANTED |
| Thursday, August 8, 2024 | SOU TEAS EXTENSION RECEIVED |
| Thursday, August 8, 2024 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Thursday, August 8, 2024 | SOU EXTENSION 3 FILED |
| Thursday, August 8, 2024 | SOU EXTENSION 3 GRANTED |
| Tuesday, May 7, 2024 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Friday, March 8, 2024 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |