| Serial Number | 79179625 |
| Word Mark | BIO ORGANIC |
| Filing Date | Tuesday, November 3, 2015 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, July 7, 2023 |
| Registration Number | 5107022 |
| Registration Date | Tuesday, December 27, 2016 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 11, 2016 |
| Goods and Services | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; coffee, tea, cocoa and chocolate drinks; coffee and cocoa preparations for making alcoholic and non-alcoholic beverages, namely, cocoa mixes, cocoa extracts for human consumption, cocoa powder, coffee extracts for human consumption, ground coffee beans, instant coffees, coffee flavoured syrup used in making food beverages; flour and preparations made from cereals, namely, processed cereals, muesli and wholewheat products, namely, prepared whole-wheat grains, whole wheat flour, preparations made from whole wheat grain, namely, bread, breakfast cereals, pasta; farinaceous food pastes for human consumption; noodles and noodle products, namely, pasta, dried pasta, fresh pasta, filled pasta, pasta shells, pasta for soups, gluten-free pasta; pizza and pizza products, namely, frozen dough for use as pizza, kits comprised of ingredients for preparing pizza, pizza crust mixes, pizza crust, pizza sauce, fresh pizza dough; sushi; bread, open sandwiches, sandwiches, pastry and confectionery, namely, cake, pies, tortes, muffins, cupcakes, petite fours, sweets, candies, biscotti, biscuits, sugar confectionery, chocolate and chocolate goods, namely, chocolate confectionery in the nature of grated chocolate, chocolate toppings, and chocolate in the form of sheets, granules and flakes, chocolate chips, chocolate candy, chocolate bars, chocolate truffles, and chocolate eggs; edible ices; puddings; honey, treacle; yeast, baking powder, starch for food; salt; mustard; mayonnaise, ketchup; vinegar, sauces, salad dressings; spices, spice extracts, dried herbs; flavorings for food being non-essential oils and flavor enhancers used in food products; ready to eat meals consisting of preparations made primarily of processed cereals, pasta, noodles, rice, bread, pastry and/or confectionery; frozen food consisting predominantly of cereal preparations, farinaceous food pastes, noodles, rice, bread, bakery goods and/or confectionery; dietetic food, other than for medical purposes, consisting predominantly of cereal preparations, farinaceous food pastes, noodles, rice, bread, bakery goods and/or confectionery; all of the above being organic |
| Description of Mark | The mark consists of the stylized wording "BIO ORGANIC" in green with "Bio" appearing above "organic" and a tree appearing as the dot over the letter "i" in "Bio". The mark is on a white background. |
| Goods and Services | Meat and meat products, namely, meat, meat preserves, and meat jellies; meat paste, meat juices, bologna and smoked beef, frankfurters, hamburger meat, hot dogs, meat-based mousse, meat-based spreads, ham, bacon, salami, mortadella, bacon rinds, roast beef, and beef patties; veal; beef meat extracts, and canned cooked meat; fish and fish products, namely, smoked fish, tinned fish, fish preserves, fresh fish, frozen fish, fish jelly; poultry and poultry products, namely, chicken, turkey, duck, turkey sausage, chicken sausage, duck sausage, canned cooked chicken, duck, or turkey; chicken mousse, chicken stock, turkey burger patties; game and game products, namely, goose and duck, rabbit, venison; sausages and charcuterie, shellfish, not live, goods of shellfish, not live, namely, oysters, clams, molluscs, shrimp, lobster, crawfish; seafood, not live, goods of seafood, not live, namely, processed mussels, prepared mollusks and crustaceans; meat, fish, poultry, game, shellfish, vegetable and fruit extracts; preserved, frozen, dried and cooked fruit and vegetables, the aforesaid goods including being pickled in sweet and/or sour sauce; products made from potatoes, namely, potato-based snack foods, potato snacks, prepared meals consisting predominantly of potatoes or potato products, potato snacks, potato chips, french fries, mashed potatoes, potato fritters, potato dumplings, hashed brown potatoes; jellies; jams, marmalade, fruit puree, sweet spreads made with fruits or vegetables, sweet spreads made with nuts; eggs, milk; milk products excluding ice cream, ice milk and frozen yogurt, butter, cheese, cheese products, namely, blended cheese, cheese fondue, cheese powder, cheese spreads, cream cheese, cheese in the form of dips, cheese food, cheese powder, cheese substitutes, cottage cheese, cheese and cracker combination packages, ripened cheeses, soft cheese and strained cheese; cream, yoghurt, quark, powdered milk for food, desserts of fruit, nuts, yoghurt, quark and/or cream, namely, milk shakes, yogurt drinks, whipping cream, quark containing fruits, yogurt containing fruits, flavored nuts, candied fruit, dehydrated fruit snacks, fig and date roll consisting of dried fruits, nuts, and spices; prepared nuts, prepared nut mixtures, prepared nut mixtures with dried fruits; edible oils and fats; tinned soups, preparations for making soup, broths; salads consisting predominantly of meat, fish, poultry, game, shellfish, vegetables, fruit and/or milk products excluding ice cream, ice milk and frozen yogurt; ready to eat meals consisting essentially of meat, fish, poultry, game, shellfish, vegetables, fruits and/or milk products excluding ice cream, ice milk and frozen yogurt; frozen meals and entrees consisting predominantly of meat, fish, poultry, game, shellfish, vegetables, fruit and/or milk products excluding ice cream, ice milk and frozen yogurt; dietetic prepared meals and entrees, other than for medical purposes, consisting predominantly of meat, fish, poultry, game, shellfish, vegetables, fruit and/or milk products excluding ice cream, ice milk and frozen yogurt; all of the above being organic |
| Goods and Services | Infant formula; nutritional supplements; all of the above being organic |
| Indication of Colors claimed | The color(s) green and white is/are claimed as a feature of the mark. |
| Goods and Services | Alcoholic beverages except beers, wine, spirits, liqueurs, alcoholic mixed beverages except beers, spirit-based and wine-based cocktails and aperitifs, beverages containing wine; preparations for making alcoholic beverages except beers; all of the above being organic |
| Goods and Services | Beers, non-alcoholic beer, diet beer, mixed beer beverages; mineral and aerated waters and other non-alcoholic beverages, namely, soft drinks; fruit drinks and fruit juices; lemonades; fruit beverages and fruit juices; vegetable juice; smoothies; syrups and other preparations for making beverages in the nature of syrup for making lemonade, syrups for beverages, syrups for making soft drinks, lemon juice for the preparation of beverages; all of the above being organic |
| Disclaimer with Predetermined Text | "ORGANIC" |
| Goods and Services | Fresh fruits and vegetables; fresh nuts; seeds, namely, seeds for fruit and vegetables and plant and flower seeds; natural plants and flowers; dried plants; foodstuffs for animals; animal litter; all of the above being organic |
| 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 | 006, 018, 044, 046, 051, 052 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, July 7, 2023 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, July 7, 2023 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, July 7, 2023 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. |
| US Class Codes | 001, 046 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, July 7, 2023 |
| Primary Code | 031 |
| 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, July 7, 2023 |
| 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, July 7, 2023 |
| Primary Code | 033 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Event Date | Event Description |
| Sunday, April 7, 2024 | TOTAL INVALIDATION PROCESSED BY THE IB |
| Friday, March 15, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Friday, March 15, 2024 | INVALIDATION PROCESSED |
| Thursday, March 7, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, July 7, 2023 | CANCELLED SECTION 71 |
| Monday, March 6, 2023 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Monday, March 6, 2023 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, March 6, 2023 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Monday, March 6, 2023 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, March 6, 2023 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Monday, March 6, 2023 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Saturday, January 21, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Monday, December 27, 2021 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Thursday, July 23, 2020 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, February 13, 2018 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, February 13, 2018 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Saturday, April 15, 2017 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Wednesday, March 29, 2017 | FINAL DISPOSITION NOTICE SENT TO IB |
| Wednesday, March 29, 2017 | FINAL DISPOSITION PROCESSED |
| Monday, March 27, 2017 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, December 27, 2016 | REGISTERED-PRINCIPAL REGISTER |
| Friday, December 2, 2016 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Tuesday, October 11, 2016 | PUBLISHED FOR OPPOSITION |
| Wednesday, September 21, 2016 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, September 21, 2016 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, September 21, 2016 | NOTICE OF PUBLICATION |
| Wednesday, September 7, 2016 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Tuesday, August 30, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, August 29, 2016 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Tuesday, August 16, 2016 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Monday, August 1, 2016 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Monday, July 25, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, July 25, 2016 | EXAMINERS AMENDMENT MAILED |
| Monday, July 25, 2016 | EXAMINER'S AMENDMENT ENTERED |
| Monday, July 25, 2016 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, July 19, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, July 19, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, July 18, 2016 | ASSIGNED TO LIE |
| Tuesday, July 12, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, February 5, 2016 | REFUSAL PROCESSED BY IB |
| Tuesday, January 19, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, January 19, 2016 | REFUSAL PROCESSED BY MPU |
| Thursday, January 14, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, January 13, 2016 | NON-FINAL ACTION WRITTEN |
| Friday, January 8, 2016 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, January 5, 2016 | ASSIGNED TO EXAMINER |
| Monday, January 4, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Sunday, January 3, 2016 | SN ASSIGNED FOR SECT 66A APPL FROM IB |