| Serial Number | 79204880 |
| Word Mark | BATOTERO WWW.BATOTERO.COM |
| Filing Date | Monday, August 8, 2016 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, December 13, 2024 |
| Registration Number | 5477610 |
| Registration Date | Tuesday, May 29, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, March 13, 2018 |
| Goods and Services | Bread; baked goods, namely, biscuits, bagels, buns, crumbles, muffins, brownies, cookies, cakes, pastries, pies; curry powder; vinegar; fruit coulis; pastries; cakes; tarts; cookies; spices; condiments, namely, chutneys, minced garlic; seasonings; honey; ketchup; herbal or tea for infusions, not medicinal; pasta sauce; pesto; pasta; ravioli; sauces; mustard; tomato sauce |
| Goods and Services | Photography; electronic desktop publishing; photographic reporting; movie studio services; film production, other than advertising films; layout services, other than for advertising purposes; publication of printed matter; conducting of educational seminars and congresses in the field of food products, beverages, clothing, photography, culture, education, lifestyle and health; organization of exhibitions for cultural or educational purposes |
| Pseudo Mark | BATOTERO BATOTERO |
| Description of Mark | The mark consists of a circle with a shaded, ruffled edge. Across the horizontal middle of the circle is a shaded rectangle, containing the wording "BATOTERO" in a stylized font. Emerging from beneath "BATOTERO" and the rectangle are stylized tree roots, above a curved line, above the wording "WWW.BATOTERO.COM" in a stylized font, all within the circle. Above "BATOTERO" and the rectangle, and within the circle, is a curved line. |
| Goods and Services | Printed matter, namely, paper signs, books, manuals, curricula, newsletters, informational cards and brochures in the field of food products, beverages, clothing, photography, education, culture, lifestyle and health; photographs; printers' type; announcement cards; stickers; stickers; paintings, framed or unframed; memo pads; memory books; bottle envelopes of cardboard or paper; bottle wrappers of cardboard or paper; wood pulp paper; wood pulp board stationery, namely, wood pulp paper, coasters of paper; coasters of paper, picture postcards; cardboard cartons; catalogues in the field of food products, beverages, clothing, photography, culture, education, lifestyle and health; bookmarkers; note books; paper; covers of paper for flower pots; placards of paper or cardboard; postcards; wrapping paper |
| Goods and Services | Flavorings for beverages being essential oils; ethereal essences and oils; extracts of flowers, namely, perfumes; deodorants for human beings or for animals; scented linen water; skin creams; cosmetic preparations for skin care; cosmetics; lavender oil; lavender water; perfumery; perfumes; fumigation preparations for cosmetic purposes, namely, perfumes; joss sticks; rose oil for cosmetic purposes; shampoos; essential oils, namely, terpenes; essential oils of lemon |
| Goods and Services | Clothing, namely, t-shirts, shirts, jackets, trousers, coats, skirts, sweatshirts, dresses, blouses, shorts, pullovers, cardigans, swimming trunks, bikinis, nightdresses, pajamas, stockings, tights, bras, pants, boxers, ties, gloves, scarves; footwear; headgear for wear, namely, hats, caps, being headwear |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Advertising services; radio and television advertising; Internet advertising services; advertising agency services; layout services for advertising purposes; production of advertising films; online retail store services featuring printed matter; online retail store services featuring photographs; online retail store services featuring clothing; arranging and conducting of exhibitions and trade fairs in the field of food products, beverages, clothing, photography, culture, education, lifestyle and health for advertising purposes; arranging and conducting of exhibitions and trade fairs in the field of food products, beverages, clothing, photography, culture, education, lifestyle and health for business purposes |
| Goods and Services | Licensing of intellectual property rights and copyright; issuing licences for franchising concepts |
| Goods and Services | Alcoholic beverages, except beer; wine; spirits and liqueurs; pre-mixed alcoholic beverages, other than beer-based; alcoholic preparations for making beverages, namely, alcoholic bitters; cocktails; beverages containing wine, namely, wine spritzers; aperitifs dry cider; hard cider; perry; wine spirits, namely, grappa; beer based and prepared wine cocktails; distilled beverages, namely, vodka, gin, rum, distilled blue agave liquor, whiskey; jenever; honey wine; alcoholic bitters; meal; peppermint liqueurs; rum; brandy; piquette; digesters, namely, liqueurs and spirits; gin; whisky; vodka |
| Goods and Services | Beer; non-alcoholic tea flavoured beverages; refreshing drinks, namely, non-alcoholic sparkling fruit juice beverages; energy drinks; whey beverages; isotonic beverages; sports drinks; non-alcoholic malt beverages; mineral water, aerated water; fruit beverages and fruit juices; syrups for making beverages; essences for making non-alcoholic beverages; pastilles for effervescing beverages, namely, carbonated non-alcoholic drinks; powders used in the preparation of soft drinks; ginger beer; syrups for lemonade |
| Goods and Services | Restaurant services; fast-food restaurant services; snack-bars; self-service restaurant services; food and drink catering; bar services; services for providing take-away food and drink |
| International Class | 003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| US Class Codes | 001, 004, 006, 050, 051, 052 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, December 13, 2024 |
| Primary Code | 003 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
| US Class Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, December 13, 2024 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, December 13, 2024 |
| Primary Code | 025 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, December 13, 2024 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, December 13, 2024 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, December 13, 2024 |
| Primary Code | 033 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, December 13, 2024 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, December 13, 2024 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, December 13, 2024 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 045 - Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. |
| US Class Codes | 100, 101 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, December 13, 2024 |
| Primary Code | 045 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | BATOTERO IP Management GmbH |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | AT |
| Party Name | BATOTERO IP Management GmbH |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | AT |
| Party Name | BATOTERO IP Management GmbH |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | AT |
| Event Date | Event Description |
| Tuesday, April 18, 2017 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, October 4, 2017 | FAX RECEIVED |
| Thursday, April 13, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, April 14, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, April 14, 2017 | ASSIGNED TO EXAMINER |
| Thursday, April 20, 2017 | NON-FINAL ACTION WRITTEN |
| Friday, April 21, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, April 25, 2017 | REFUSAL PROCESSED BY MPU |
| Tuesday, April 25, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, May 13, 2017 | REFUSAL PROCESSED BY IB |
| Friday, October 27, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, October 27, 2017 | AMENDMENT FROM APPLICANT ENTERED |
| Friday, November 3, 2017 | NON-FINAL ACTION WRITTEN |
| Tuesday, January 23, 2018 | FAX RECEIVED |
| Wednesday, January 24, 2018 | AMENDMENT FROM APPLICANT ENTERED |
| Monday, October 16, 2017 | PAPER RECEIVED |
| Wednesday, October 25, 2017 | ASSIGNED TO LIE |
| Friday, November 3, 2017 | NON-FINAL ACTION MAILED |
| Friday, December 15, 2017 | REFUSAL PROCESSED BY IB |
| Wednesday, January 24, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, February 6, 2018 | PAPER RECEIVED |
| Wednesday, February 7, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, February 7, 2018 | AMENDMENT FROM APPLICANT ENTERED |
| Wednesday, February 7, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, February 21, 2018 | NOTICE OF PUBLICATION |
| Wednesday, February 21, 2018 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, February 21, 2018 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, March 13, 2018 | PUBLISHED FOR OPPOSITION |
| Tuesday, May 29, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, August 29, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Wednesday, September 12, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, December 13, 2024 | CANCELLED SECTION 71 |
| Friday, September 28, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, March 9, 2018 | NOTIFICATION PROCESSED BY IB |
| Wednesday, September 12, 2018 | FINAL DISPOSITION PROCESSED |