| Serial Number | 79336294 |
| Word Mark | BIOTICA |
| Filing Date | Tuesday, January 25, 2022 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, May 28, 2024 |
| Registration Number | 7393785 |
| Registration Date | Tuesday, May 28, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, March 12, 2024 |
| Goods and Services | Aerated beverages, namely, coffee-based beverages, cocoa-based beverages, and chocolate-based beverages; beverages consisting principally of chocolate; beverages consisting principally of cocoa; beverages consisting principally of coffee; beverages made from cereals, namely, grain-based beverages; beverages made from cocoa; beverages made from coffee; beverages made of tea; beverages with a chocolate base; beverages with a cocoa base; beverages with coffee base; beverages with tea base; chamomile-based beverages; chocolate-based beverages with milk; chocolate essences for the preparation of chocolate beverages; chocolate extracts for the preparation of chocolate-based beverages; chocolate flavored beverages, namely, chocolate-based beverages; chocolate syrups for the preparation of chocolate based beverages; chocolate-based beverages; cocoa beverages, namely, cocoa beverages with milk; cocoa beverages with milk; cocoa-based beverages; coffee beverages, namely, coffee and coffee-based beverages; coffee beverages with milk; coffee-based beverages; extracts of cocoa for use as flavors in beverages; extracts of coffee for use as flavors in beverages; flavorings, other than essential oils, for beverages; herb tea-based beverages not for medical purposes; ice beverages with a chocolate base; ice beverages with a cocoa base; ice beverages with a coffee base; iced coffee being coffee-based beverages; powdered preparations containing cocoa for use in making cocoa-based beverages; preparations containing chocolate for making into chocolate-based beverages; preparations for making chocolate based beverages; preparations for making chocolate beverages; preparations for making cocoa based beverages; preparations for making coffee based beverages; preparations for making tea based beverages; preparations of malted barley for use in making barley tea beverages; tea-based beverages |
| Description of Mark | The mark consists of the stylized wording "BIOTICA" with the letter "O" underlined and on a higher plane than the other letters. |
| Goods and Services | Aerated milk beverages, predominantly of milk; almond milk beverages, namely, almond milk; almond milk-based beverages; beverages consisting principally of milk; beverages made from milk; beverages made from yogurt; beverages with a milk base; coconut milk-based beverages; creamers for beverages; dairy based beverages and dairy-based powders for making dairy-based beverages and shakes; fruit flavoured beverages having a milk base, predominantly of milk; malted milk beverages, milk predominating; milk based beverages, milk predominating; milk beverages, milk predominating; milk-based beverages flavoured with chocolate; milk-based beverages flavoured with cocoa; non-alcoholic milk beverages, milk predominating; non-dairy whiteners for beverages, namely, non-dairy creamer; peanut milk-based beverages; preparations for making milk-based beverages; preparations for making milk beverages; preparations for use in creaming beverages, namely, creamers for beverages; preparations for use in whitening beverages, namely, creamers for beverages; whiteners for beverages, namely, coffee whiteners consisting principally of dairy products; yogurt-based beverages |
| Goods and Services | Alcohol-free beverages, namely, punch; beverages consisting of a blend of fruit and vegetable juices; beverages made from fruit concentrates, namely, fruit beverages; coconut juice as beverages; coconut water as beverages; extracts of vegetables as beverages, namely, vegetable-based beverages; fruit beverages; fruit concentrates for making fruit beverages; fruit juice beverages; fruit juice beverages that contain multi vitamins; grain based non-alcoholic beverages, namely, non-alcoholic beer; hop concentrates for use in the preparation of beverages, namely, beer; hop essences for use in the preparation of beverages, namely, beer; hop extracts for use in the preparation of beverages, namely, beer; malt based preparations for making non-alcoholic malt beverages; malt-containing beverages being beers; mineral water as beverages; non-alcoholic barley based beverages, namely, non-alcoholic beer; non-alcoholic beverages, namely, soft drinks; non-alcoholic beverages, except non-alcoholic beer, namely, soft drinks; non-alcoholic beverages flavored with coffee; non-alcoholic beverages flavored with tea; non-alcoholic beverages flavoured with coffee; non-alcoholic beverages flavoured with tea; non-alcoholic fruit juice beverages; non-alcoholic honey-based beverages; non-alcoholic rice-based beverages, other than milk substitutes; soya based beverages not being dairy substitutes; soya-based beverages, other than milk substitutes; spring water as beverages, other than for medical purposes; syrup for making non-alcoholic fruit-flavored beverages; syrup powder for soft drink beverages; syrups for whey-based beverages; vegetable extracts as beverages, namely, vegetable juice; vegetable juices as beverages; waters as beverages; non-alcoholic essences for making non-alcoholic beverages, not in the nature of essential oils |
| 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, March 25, 2022 |
| 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 | 6 - Active |
| Class Status Date | Friday, March 25, 2022 |
| 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 | 6 - Active |
| Class Status Date | Friday, March 25, 2022 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Marl Wellness Research and Development Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | AU |
| Party Name | Marl Wellness Research and Development Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | AU |
| Party Name | Marl Wellness Research and Development Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | AU |
| Event Date | Event Description |
| Thursday, November 3, 2022 | ASSIGNED TO EXAMINER |
| Thursday, March 24, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, March 25, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, March 29, 2022 | APPLICATION FILING RECEIPT MAILED |
| Thursday, November 3, 2022 | NON-FINAL ACTION WRITTEN |
| Friday, November 4, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, January 17, 2023 | REFUSAL PROCESSED BY MPU |
| Wednesday, January 18, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, February 7, 2023 | REFUSAL PROCESSED BY IB |
| Tuesday, August 1, 2023 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Tuesday, August 1, 2023 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Tuesday, August 1, 2023 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Monday, August 14, 2023 | TEAS PETITION TO REVIVE RECEIVED |
| Monday, August 14, 2023 | PETITION TO REVIVE-GRANTED |
| Monday, August 14, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, August 15, 2023 | NOTICE OF REVIVAL - E-MAILED |
| Wednesday, August 30, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, August 30, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Saturday, September 16, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Monday, January 8, 2024 | ASSIGNED TO LIE |
| Monday, January 8, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, January 8, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, February 5, 2024 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, February 5, 2024 | EXAMINERS AMENDMENT E-MAILED |
| Monday, February 5, 2024 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, February 5, 2024 | EXAMINER'S AMENDMENT ENTERED |
| Monday, February 5, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, February 21, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, February 21, 2024 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, February 21, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, February 21, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Monday, March 11, 2024 | NOTIFICATION PROCESSED BY IB |
| Tuesday, March 12, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, May 28, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, May 28, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Wednesday, May 15, 2024 | ASSIGNED TO EXAMINER |
| Tuesday, March 12, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |