| Serial Number | 79359635 |
| Word Mark | BOTTEGA MARINARA PESCATO D'AMARE |
| Filing Date | Wednesday, May 18, 2022 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, January 16, 2024 |
| Registration Number | 7273165 |
| Registration Date | Tuesday, January 16, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 31, 2023 |
| Goods and Services | Pre-packaged boxed lunches consisting of rice, with added meat, fish or vegetables; fish dumplings; pies containing fish; fish sauce; sauces for frozen fish; flavourings made from fish, namely, food flavourings, other than essential oils; sandwiches containing fish; fish sandwiches; pastries consisting of vegetables and fish; fish ravioli; meat pies; meat gravies; canned sauces; game and poultry pies; sauce mixtures based on meat juices for cooking; pasta-based prepared meals; pasta salads; fresh pasta; dried pasta; farinaceous food pastes for human consumption; packaged meals consisting predominantly of pasta or rice; frozen meals consisting predominantly of pasta or rice; prepared meals consisting predominantly of pasta or rice; pasta sauce; packaged main meals consisting predominantly of pasta or rice; canned pasta foods; sponge cake; dessert mousse; lamb pies; pies containing ground corned beef; vegetable pastes |
| Description of Mark | The mark consists of the wording "BOTTEGA MARINARA" in white, insterted in a blue hexagonal shield with smooth angles and a white frame. In said shield, three stylized fishes are horizontally aligned above the mentioned wording. While the central fish is white, the outer two are yellow. Below the mentioned wording there is the phrasing "PESCATO D'AMARE", in between two stylized ropes in white. |
| Goods and Services | Fish, processed; fish, preserved; smoked fish; fish, tinned or canned; fish croquettes; fish fillets; fish jellies; fish mousses; pickled fish; foods made from fish, namely, fish-based snack foods; tinned fish, not live; tuna, not live; fish roe, prepared; pre-packaged meals consisting predominantly of fish; processed fish products for human consumption; fish and chips; salted fish; salmon, not live; pre-packaged meals consisting predominantly of meat, fish, poultry or vegetables; frozen meals consisting predominantly of meat, fish, poultry or vegetables; prepared meals consisting predominantly of meat, fish, poultry or vegetables; frozen, prepared and packaged main meals consisting primarily of meat, fish, poultry or vegetables; salted meats; meat; sliced meat; frozen meat; preserved meat; pork; beef; veal; fried meat; minced meat; prepared meat; dried meat; reformed meats, namely, processed meats; packaged meat; canned meat; meat extracts; meat pastes; poultry, not live; meat balls; prepared beef; canned cooked meat; canned pork; dried beef; minced preserved meat; meat, fish, poultry and game, not live; pre-cooked tinned meat; extracts of poultry; meat-based mousses; meat-based spreads; processed meat products; meat-based appetisers, namely, frozen appetizers consisting mainly of seafood, packaged appetizers consisting mainly of seafood, prepared appetizers consisting mainly of seafood; canned pork and beans; mashed potato; pre-packaged meals consisting predominantly of meat; processed potatoes; pre-packaged ready meals consisting predominantly of meat substitutes; vegetable chips; vegetable salads; vegetable puree; frozen vegetables; grilled vegetables; pickled vegetables; vegetables preserved in oil; preserved vegetables in jars; cut vegetables; processed legumes; pre-cut vegetable salads; vegetable-based spreads; prepackaged vegetable-based entrees; vegetable-based snack foods; vegetable-based meat substitutes; canned sliced vegetables; pre-cut vegetables for salads; vegetable soup preparations; preserved, frozen, dried and cooked fruits and vegetables; canned soups; canned pulses, namely, seeds prepared for human consumption, not being seasonings or flavorings; canned beans; canned cooked meat, vegetables, cooked; ready-to-eat cooked meals consisting wholly or substantially wholly of poultry; ready-to-eat cooked meals consisting wholly or substantially wholly of game; ready-to-eat cooked meals consisting wholly or substantially wholly of meat |
| Indication of Colors claimed | The color(s) blue, white and yellow is/are claimed as a feature of the mark. |
| Goods and Services | In-person and online retail grocery and wholesale store services featuring foodstuffs; In-person and online retail grocery and wholesale store services featuring preserved fish, smoked fish, fish preserves, processed fish products for human consumption, fish in brine, frozen meals consisting mainly of meat, fish, poultry or vegetables, salted foods, frozen meat, meat, preserved, processed meat, tinned meat, meat extracts, corned beef, extracts of poultry, pies containing minced corned beef and potatoes, frozen vegetables, pickled vegetables, vegetables preserved in oil, vegetables in jars, processed legumes, fruits and vegetables, preserved, frozen food, dried and cooked, tinned sliced vegetables, pre-cut vegetables for salads, vegetable soup preparations, meat gravies, meat gravies, canned sauces, desserts, mousse, being desserts, frozen meals consisting primarily of pasta or rice; In-person and online retail grocery, wholesale store, and retail store services featuring fish mousses, marinated fish, tuna, not live, prepared fish roe, pre-packaged meals consisting primarily of fish, fried fish with chips, ready-made meals consisting primarily of meat, fish, poultry or vegetables, ready-to-eat meals predominantly consisting of meat, fish, poultry or vegetables, fried meat, prepared meat, dried meat, packaged meat, prepared beef, canned cooked meat, canned cooked meat, canned pork, dried beef, pre-cooked tinned meat, dried beef, meat-based spreads, meat snacks, canned pork and beans, pre-packaged meals consisting primarily of meat, prepared meals consisting predominantly of meat substitutes, vegetable crisps, grilled vegetables, vegetable-based spreads, vegetable-based main meals, snack foods based on vegetables, canned soups, canned legumes, canned beans, canned cooked meat, vegetables, cooked, ready cooked meals consisting wholly or substantially wholly of poultry, ready cooked meals consisting wholly or substantially wholly of game, cooked dishes consisting wholly or principally of meat, boxed lunches consisting of rice with meat, fish or vegetables, fish sandwiches, fish sandwiches, fish sandwiches, boxed lunches consisting of rice with meat, fish or vegetables, cooked dishes based on pastry, pasta salad, pasta salad, ready-made meals consisting primarily of pasta or rice, prepared meals consisting primarily of pasta or rice, canned pasta foods, main courses consisting primarily of meat, fish, poultry or vegetables, main meals consisting primarily of pasta or rice; the bringing together, for the benefit of others, of a variety of goods to the public, excluding the transport thereof, namely, fish, preserved, smoked fish, fish preserves, fish cakes, fish fillets, fish jelly, fish mousses, marinated fish, foods prepared from fish, tinned fish, not live, tuna, not live, prepared fish roe, pre-packaged meals consisting primarily of fish, processed fish products for human consumption, fried fish with chips, fish in brine, salmon, not live, ready-made meals consisting primarily of meat, fish, poultry or vegetables, frozen meals consisting mainly of meat, fish, poultry or vegetables, ready-to-eat meals predominantly consisting of meat, fish, poultry or vegetables, main courses consisting primarily of meat, fish, poultry or vegetables, foods prepared from fish, fish, not live, salted foods, meat, sliced meat, sliced meat, frozen meat, pork preserves, beef, veal, fried meat, luncheon meats, prepared meat, dried meat, processed meat, minced meat, packaged meat, tinned meat, meat extracts, meat pastes, poultry, not live, meatballs, prepared beef, canned cooked meat, canned pork, dried beef, corned beef, meat, fish, poultry and game, pre-cooked tinned meat, dried beef, extracts of poultry, meat-based mousses, meat-based spreads, processed meat products, meat snacks, canned pork and beans, lamb pie and mashed potato, pre-packaged meals consisting primarily of meat, pies containing minced corned beef and potatoes, prepared meals consisting predominantly of meat substitutes, vegetable crisps, vegetable salad, vegetable pastes, vegetable purees, frozen vegetables, grilled vegetables, pickled vegetables, vegetables preserved in oil, vegetables in jars, cut vegetables, processed legumes, salads of pre-cut vegetables, vegetable-based spreads, vegetable-based main meals, snack foods based on vegetables, vegetable-based meat substitutes, vegetable-based artificial meat, tinned sliced vegetables, pre-cut vegetables for salads, vegetable soup preparations, fruits and vegetables, preserved, frozen food, dried and cooked, canned soups, canned legumes, canned beans, canned cooked meat, vegetables, cooked, ready cooked meals consisting wholly or substantially wholly of poultry, ready cooked meals consisting wholly or substantially wholly of game, cooked dishes consisting wholly or principally of meat, boxed lunches consisting of rice with meat, fish or vegetables, fish dumplings, pies containing fish, sauces for fish, sauces for frozen fish, fish-based flavourings, fish sandwiches, fish sandwiches, fish sandwiches, pastries consisting of vegetables and fish, fish dumplings, meat pies, meat gravies, meat gravies, canned sauces, game and poultry pies, sauce mixtures based on juices from cooking meat, boxed lunches consisting of rice with meat, fish or vegetables, cooked dishes based on pastry, pasta salad, pasta salad, fresh pasta, dried pasta, pasta, ready-made meals consisting primarily of pasta or rice, frozen meals consisting primarily of pasta or rice, prepared meals consisting primarily of pasta or rice, pasta sauce, main meals consisting primarily of pasta or rice, canned pasta foods, desserts, mousse, being desserts, enabling customers to conveniently view and purchase these goods by means of online and in-person grocery and wholesale stores; television and radio advertising; advertising via electronic media and specifically the internet |
| Translation of Words in Mark | The English translation of "BOTTEGA MARINARA PESCATO D'AMARE" is "MARITIME WORKSHOP FISHERY TO BE LOVED". |
| 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, January 6, 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 | 6 - Active |
| Class Status Date | Friday, January 6, 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, January 6, 2023 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | PANAPESCA S.P.A. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 05 - Joint Venture |
| Address | IT |
| Party Name | PANAPESCA S.P.A. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 05 - Joint Venture |
| Address | IT |
| Party Name | PANAPESCA S.P.A. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 05 - Joint Venture |
| Address | IT |
| Event Date | Event Description |
| Friday, January 6, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, January 5, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Tuesday, January 10, 2023 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, March 8, 2023 | ASSIGNED TO EXAMINER |
| Thursday, March 9, 2023 | NON-FINAL ACTION WRITTEN |
| Friday, March 10, 2023 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, May 1, 2023 | REFUSAL PROCESSED BY MPU |
| Monday, May 1, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, May 24, 2023 | REFUSAL PROCESSED BY IB |
| Monday, August 14, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, August 14, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, August 14, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, August 25, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, September 12, 2023 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Monday, September 18, 2023 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Thursday, September 21, 2023 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, September 21, 2023 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, September 21, 2023 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, September 21, 2023 | EXAMINER'S AMENDMENT ENTERED |
| Friday, September 22, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, October 11, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, October 11, 2023 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, October 11, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Thursday, October 12, 2023 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, October 12, 2023 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, October 12, 2023 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, October 31, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, October 31, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Friday, January 5, 2024 | CORRECTION SENT TO IB |
| Wednesday, November 1, 2023 | NOTIFICATION PROCESSED BY IB |
| Wednesday, January 3, 2024 | CORRECTION CREATED FOR IB |
| Tuesday, January 16, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, January 16, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Monday, January 22, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, April 16, 2024 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Thursday, April 18, 2024 | FINAL DISPOSITION NOTICE SENT TO IB |
| Monday, May 13, 2024 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, April 18, 2024 | FINAL DISPOSITION PROCESSED |