| Serial Number | 79236159 |
| Word Mark | BERTOLLI DAL 1865 WORLD'S NO. 1 OLIVE OIL BRAND BRAND ESTABLISHED IN 1865 IN LUCCA, TUSCANY COLD PRESSED OLIVE OIL SELECTED OLIVE OILS FROM SPAIN, GREECE AND ITALY. PIONEER EXPORTER OF OLIVE OIL TO THE USA BERTOLLI 17 FL OZ (500 ML) |
| Filing Date | Thursday, March 15, 2018 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, August 4, 2020 |
| Registration Number | 6115396 |
| Registration Date | Tuesday, August 4, 2020 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, May 19, 2020 |
| Indication of Colors claimed | The color(s) light green, medium green, dark green, red, white and gold is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | THE BOTTLE SHAPE AND BOTTLE CAP DESIGN, "WORLD'S NO. 1. OLIVE OIL", "BRAND ESTABLISHED IN 1865 IN LUCCA TUSCANY", "COLD PRESSED", "OLIVE OIL", "SELECTED OLIVE OILS FROM SPAIN, GREECE AND ITALY", "17 FL OZ (500ML)" AND "DAL 1865" |
| Description of Mark | The mark consists of a three-dimensional configuration comprising bottle container and cap bearing a label. The base of the bottle begins wide then slightly narrows and then the bottle widens again, creating a tapered effect, and at the neck of the bottle the term "BERTOLLI" is blown into the glass in dark green font and similarly the wording "DAL 1865" is blown into the glass just above the base of the bottle, also in dark green font. The cap is the color medium green, and the label appearing across the middle of the bottle has a light green background color, with a red and gold colored crest at the top comprised of two gold laurel leaves, a gold crown, and a red ribbon design in the middle of the crest, with the crest superimposed on a red oval with a white inner border and a gold outer border. The word "BERTOLLI" in white and "DAL 1865" in gold appear within the oval. The words "WORLD'S NO. 1 OLIVE OIL BRAND" appear just above the oval and the words "BRAND ESTABLISHED IN 1865 IN LUCCA, TUSCANY" appear just below the oval, both in dark green. An olive branch design with medium green leaves and three dark green olives appears further underneath the oval, along with the words "COLD PRESSED" and "OLIVE OIL," also in dark green, and with dark green curves above the olive branch design and a white diagonal band outlined in dark green below the olive branch design. The wording "SELECTED OLIVE OILS FROM SPAIN, GREECE AND ITALY." appears in medium green towards the bottom left of the label. Towards the right side of the label, the words "PIONEER EXPORTER OF OLIVE OIL TO THE USA" appear in medium green in the form of a semi-circle, along with a depiction of a sailing ship in gold directly underneath, and the stylized wording "BERTOLLI" in dark green within another white diagonal band outlined in dark green to the right and below the design of the ship. At the bottom right of the label is the wording "17 FL OZ (500 ML)", and below that is a horizontal dark green band appearing across the very bottom of the label. The broken lines depicting the outline of the bottle and cap are not a part of the mark and serve only to show placement of the mark. |
| Goods and Services | Olive oil for food |
| Translation of Words in Mark | The English translation of "DAL" in the mark is "FROM". |
| 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 | Friday, July 13, 2018 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Mizkan America, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Mt. Prospect, IL 60056 |
| Party Name | Mizkan America, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Mt. Prospect, IL 60056 |
| Party Name | Mizkan America, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Mt. Prospect, IL 60056 |
| Event Date | Event Description |
| Saturday, December 19, 2020 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Saturday, November 21, 2020 | GENERIC MADRID TRANSACTION SENT TO IB |
| Friday, November 20, 2020 | GENERIC MADRID TRANSACTION CREATED |
| Wednesday, November 4, 2020 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, August 4, 2020 | REGISTERED-PRINCIPAL REGISTER |
| Friday, June 12, 2020 | NOTIFICATION PROCESSED BY IB |
| Tuesday, May 19, 2020 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, May 19, 2020 | PUBLISHED FOR OPPOSITION |
| Wednesday, April 29, 2020 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, April 29, 2020 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, April 29, 2020 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Saturday, April 11, 2020 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, April 9, 2020 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, April 8, 2020 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, April 8, 2020 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, January 3, 2020 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Wednesday, December 18, 2019 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, December 18, 2019 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, October 9, 2019 | NOTIFICATION OF EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Wednesday, October 9, 2019 | EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Wednesday, October 9, 2019 | COMBINED EXAMINER'S AMENDMENT/PRIORITY ACTION AUTOMATIC ENTRY |
| Wednesday, October 9, 2019 | EXAMINERS AMENDMENT AND/OR PRIORITY ACTION - COMPLETED |
| Saturday, May 18, 2019 | REFUSAL PROCESSED BY IB |
| Tuesday, April 9, 2019 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, April 9, 2019 | NON-FINAL ACTION E-MAILED |
| Tuesday, April 9, 2019 | NON-FINAL ACTION WRITTEN |
| Monday, March 11, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, March 11, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, March 6, 2019 | ASSIGNED TO LIE |
| Monday, March 4, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, September 21, 2018 | REFUSAL PROCESSED BY IB |
| Tuesday, September 4, 2018 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, September 4, 2018 | REFUSAL PROCESSED BY MPU |
| Wednesday, August 22, 2018 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, August 21, 2018 | NON-FINAL ACTION WRITTEN |
| Monday, July 30, 2018 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Monday, July 30, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, July 17, 2018 | APPLICATION FILING RECEIPT MAILED |
| Friday, July 13, 2018 | ASSIGNED TO EXAMINER |
| Friday, July 13, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, July 12, 2018 | SN ASSIGNED FOR SECT 66A APPL FROM IB |