| Serial Number | 98294409 |
| Word Mark | BENI BE |
| Filing Date | Friday, December 1, 2023 |
| Status | 641 - NON-FINAL ACTION - MAILED |
| Status Date | Friday, July 5, 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 | NOT AVAILABLE |
| Goods and Services | chewing gum; non-medicated lozenges; |
| Description of Mark | The mark consists of the letters BENI in a stylized design and transitions in color from yellow to orange from the left to the right. The background is dark blue, while the "BE" design is light blue. |
| Goods and Services | medicated nasal spray preparations; medicated throat lozenges; medicated throat sprays; nasal and oral spray preparations for use as central nervous system stimulants; nasal spray preparations; nasal sprays for medical purposes; nicotine; synthetic nicotine; nicotine derivatives; nicotine substitutes; gum, patches, oral sprays, transdermal patches, tablets, capsules, lozenges, oral strips, nasal sprays, inhalers, and oral buccal pouches containing nicotine; gum, patches, oral sprays, transdermal patches, tablets, capsules, lozenges, oral strips, nasal sprays, inhalers, and oral buccal pouches containing synthetic nicotine; gum, patches, oral sprays, transdermal patches, tablets, capsules, lozenges, oral strips, nasal sprays, inhalers, and oral buccal pouches containing nicotine derivatives; gum, patches, oral sprays, transdermal patches, tablets, capsules, lozenges, oral strips, nasal sprays, inhalers, and oral buccal pouches containing nicotine substitutes; |
| Indication of Colors claimed | The color(s) yellow, orange and blue is/are claimed as a feature of the mark. |
| Goods and Services | online, retail, and wholesale sale of products containing nicotine; online, retail, and wholesale sale of products containing synthetic nicotine; online, retail, and wholesale sale of products containing nicotine derivatives; online, retail, and wholesale sale of products containing nicotine substitutes; |
| Goods and Services | nicotine; synthetic nicotine; nicotine derivatives; nicotine substitutes; gum, patches, oral sprays, transdermal patches, tablets, capsules, lozenges, oral strips, nasal sprays, inhalers, and oral buccal pouches containing nicotine; gum, patches, oral sprays, transdermal patches, tablets, capsules, lozenges, oral strips, nasal sprays, inhalers, and oral buccal pouches containing synthetic nicotine; gum, patches, oral sprays, transdermal patches, tablets, capsules, lozenges, oral strips, nasal sprays, inhalers, and oral buccal pouches containing nicotine derivatives; gum, patches, oral sprays, transdermal patches, tablets, capsules, lozenges, oral strips, nasal sprays, inhalers, and oral buccal pouches containing nicotine substitutes; oral tobacco-derived nicotine pouches as a substitute for snus; |
| International Class | 005 - Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| US Class Codes | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 1, 2023 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 034 - Tobacco; smokers' articles; matches. |
| US Class Codes | 002, 008, 009, 017 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 1, 2023 |
| Primary Code | 034 |
| 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 | Friday, December 1, 2023 |
| Primary Code | 030 |
| 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 | 6 - Active |
| Class Status Date | Friday, December 1, 2023 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | BENI ORAL NICOTINE LLC |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Winston-Salem, NC 27101 |
| Party Name | The Modern Nicotine Company Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Surrey, BC V3Z0Y3 CA |
| Event Date | Event Description |
| Friday, December 1, 2023 | NEW APPLICATION ENTERED |
| Wednesday, January 24, 2024 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Saturday, February 24, 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, March 26, 2024 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, June 28, 2024 | ASSIGNED TO EXAMINER |
| Friday, July 5, 2024 | NON-FINAL ACTION E-MAILED |
| Thursday, September 12, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, July 5, 2024 | NON-FINAL ACTION WRITTEN |
| Friday, July 5, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, September 12, 2024 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, September 12, 2024 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, September 12, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, September 12, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |