| Serial Number | 79097369 |
| Word Mark | BERNING'S CARIBIC |
| Filing Date | Friday, April 1, 2011 |
| Status | 404 - IR CANCELLED - US REGISTRATION CANCELLED |
| Status Date | Thursday, April 1, 2021 |
| Registration Number | 4103840 |
| Registration Date | Tuesday, February 28, 2012 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 13, 2011 |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "KÖSTLICHE KONFEKT TEILS MIT ORIGINAL JAMAICA RUM", "KOKOSFLOCKE", "RUMKUGEL", "RUMKOKOSFLOCKE" AND THE DESIGN OF THREE CHOCOLATE CANDIES |
| Description of Mark | The mark consists of a rectangle containing a vertical band on the left portion which contains the depiction of three chocolate candies presented vertically on the band. The wording "KÖSTLICHE KONFEKT TEILS MIT ORIGINAL JAMAICAN RUM" appears above the first piece of candy and the wording "KOKOSFLOCKE" appears below the first piece of candy. The wording "RUMKUGEL" appears below the second piece of candy. The wording "RUMKOKOSFLOCKE" appears below the third piece of candy. There is a woman draped in a sheet standing in front of a shirtless man wearing a cap and pants in the right portion of the rectangle. There is a portrait of a man hanging on the wall behind the woman. The wording "BERNING'S" appears centered in a single line border rectangle with a crown centered as the top which is centered below the left and right portions of the rectangular background. The word "CARIBIC" is centered across the legs of the woman and man. |
| Goods and Services | Confectionery, namely, confectionery made of sugar and chocolate, chocolate candies and chocolate truffles |
| Name/Portrait Description and/or Consent Statement | The portraits in the mark do not identify particular living individuals. |
| Translation of Words in Mark | The wording "CARIBIC" has no meaning in a foreign language. The English translation of "KÖSTLICHE KONFEKT TEILS MIT ORIGINAL JAMAICA RUM" is "DELICIOUS CONFECTIONERY PARTLY WITH ORIGINAL JAMAICA RUM". The English translation of "KOKOSFLOCKE" is "COCONUT FLAKE". The English translation of "RUMKUGEL" is "RUM BALL". The English translation of "RUMKOKOSFLOCKE" is "RUM COCONUT FLAKE". |
| 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, October 5, 2018 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Gustav Berning GmbH & Co. KG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 13 - Limited Partnership |
| Address | DE |
| Party Name | Gustav Berning GmbH & Co. KG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 13 - Limited Partnership |
| Address | DE |
| Party Name | Gustav Berning GmbH & Co. KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 13 - Limited Partnership |
| Address | DE |
| Event Date | Event Description |
| Thursday, October 28, 2021 | NOTIFICATION OF EFFECT OF CANCELLATION OF INTL REG MAILED |
| Thursday, October 28, 2021 | DEATH OF INTERNATIONAL REGISTRATION |
| Saturday, November 30, 2019 | TOTAL INVALIDATION PROCESSED BY THE IB |
| Wednesday, June 26, 2019 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Wednesday, June 26, 2019 | INVALIDATION PROCESSED |
| Wednesday, June 5, 2019 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, October 5, 2018 | CANCELLED SECTION 71 |
| Thursday, November 15, 2012 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, October 19, 2012 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, October 19, 2012 | FINAL DISPOSITION PROCESSED |
| Sunday, July 22, 2012 | NOTIFICATION PROCESSED BY IB |
| Monday, May 28, 2012 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, February 28, 2012 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, December 13, 2011 | PUBLISHED FOR OPPOSITION |
| Wednesday, November 23, 2011 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, November 23, 2011 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, November 23, 2011 | NOTICE OF PUBLICATION |
| Tuesday, November 8, 2011 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, November 2, 2011 | EXAMINERS AMENDMENT MAILED |
| Wednesday, November 2, 2011 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, November 2, 2011 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, November 2, 2011 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, October 5, 2011 | NON-FINAL ACTION MAILED |
| Wednesday, October 5, 2011 | NON-FINAL ACTION WRITTEN |
| Tuesday, August 30, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, August 30, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, August 24, 2011 | ASSIGNED TO LIE |
| Thursday, August 18, 2011 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, August 17, 2011 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, August 17, 2011 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Monday, July 25, 2011 | REFUSAL PROCESSED BY IB |
| Wednesday, July 6, 2011 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, July 6, 2011 | REFUSAL PROCESSED BY MPU |
| Wednesday, July 6, 2011 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, July 5, 2011 | NON-FINAL ACTION WRITTEN |
| Tuesday, June 28, 2011 | ASSIGNED TO EXAMINER |
| Tuesday, June 14, 2011 | APPLICATION FILING RECEIPT MAILED |
| Friday, June 10, 2011 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, June 9, 2011 | SN ASSIGNED FOR SECT 66A APPL FROM IB |