| Serial Number | 87791928 |
| Word Mark | BRISA ORIGINAL DA ILHA DA MADEIRA MARACUJÁ MONDE SELECTION MEALHAS DE OURO MELHOR COM GELO SPARKLING COM GÁS 9% DE SUMO E POLPA DE MARACUJÁ |
| Filing Date | Friday, February 9, 2018 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, December 10, 2019 |
| Registration Number | 5932754 |
| Registration Date | Tuesday, December 10, 2019 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 26, 2019 |
| Indication of Colors claimed | The color(s) green, blue, dark blue, light orange, dark orange, white, light purple, purple, dark purple and black is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "ORIGINAL DA ILHA DA MADEIRA", "MARACUJÁ", "PASSION FRUIT", "9% DE SUMO E POLPA DE MARACUJA", "BEST ICE OLD", "MELHOR COM GELO", "SPARKLING", "COM GÁS", "MONDE SELECTION", "BRUXELLES", "INTERNATIONAL QUALITY INSTITUTE" AND "MEALHAS DE OURO" AND THE DESIGN OF PASSION FRUIT |
| Description of Mark | The mark consists of a label design with a large oval design with five concentric ovals contained within, the outer most dark purple then purple, light purple, light orange, then dark orange at the innermost oval. Across the top and within the outermost oval outline is the wording "ORIGINAL DA ILHA DA MADEIRA" in dark orange. Superimposed across the inner four ovals is the wording "BRISA" in white. To the bottom left and the upper right of the wording are two liquid drop elements, each side have one light and one dark orange. Across the bottom of the oval and superimposed over the bottom of the wording "BRISA" and the oval outline layers is the depiction of a sliced in half passion fruit to the left of a whole passion fruit. The outside of the passion fruit is shown in purple for the outer edges of the half fruit and in various shades of purple for the whole fruit. The half passion fruit has white outer ring with the purple skin outline, and the inner part of the fruit is a light orange with black seeds embedded into the flesh. Along the bottom left of the half open fruit is the wording "MARACUJÁ" in white above the wording "PASSION FRUIT" in light orange. Superimposed over the upper left portion of the oval design is a light orange circle with two outer bands in light purple then purple going outward. The light orange circle has a white lined border just along the inside. At the center of the orange circle is a globe design. Above the globe design along the top is the wording "MONDE SELECTION" in white. Between the globe and the wording "MONDE SELECTION" is the term "BRUXELLES" in white. Beneath the globe is the wording "INTERNATIONAL QUALITY INSTITUTE" in white. The light purple band has along the bottom the wording "MEALHAS DE OURO" in white. Superimposed over the lower right portion of the oval design are two overlapping circles. The innermost circle has a blue center, the depiction of a dark blue snow flake, and the wording "BEST ICE COLD" in white along the top and the wording "MELHOR COM GELO" in white along the bottom. The outermost circle has an dark orange center, the depiction of a light orange sparkling bubble, and the wording "SPARKLING" in white along the top and the wording "COM GÁS" in while along the bottom. Each of the circles have two outer rings from purple to dark purple going outward. From the top left corner and down the left side of the mark and the lower left corner, as well as the bottom right corner, has a green background. Within the lower left corner is the wording "9% DE SUMO E POLPA DE MARACUJÁ" in orange. The white in the background of the mark is not part of the mark and is not claimed. |
| Goods and Services | Soft drinks |
| Pseudo Mark | BRISA ORIGINAL DA ILHA DA MADEIRA MARACUJÁ MONDE SELECTION MEALHAS DE OURO MELHOR COM GELO SPARKLING NINE PERCENT DE SUMO E POLPA DE MARACUJÁ |
| Translation of Words in Mark | The English translation of the word "ORIGINAL DA ILHA DA MADEIRA", "MEDALHAS DE OURO", "MONDE", "BRUXELLES", "BRISA", "MARACUJÁ", "DE SUMO E POLPA DE MARACUJÁ", "MELHOR COM GELO" and "COM GÁS" in the mark is "ORIGINAL FROM MADEIRA ISLAND", "GOLD MEDALS", "WORLD", "BRUSSELS", "BREEZE", "PASSION FRUIT", "OF PASSION FRUIT JUICE AND PULP", "BEST ICE OLD" and "WITH GAS", respectively. |
| 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 | Saturday, February 17, 2018 |
| Primary Code | 032 |
| First Use Anywhere Date | Sunday, November 30, 1969 |
| First Use In Commerce Date | Thursday, June 27, 2019 |
| Party Name | EMPRESA DE CERVEJAS DA MADEIRA, SOCIEDADE UNIPESSOAL, LDA. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | Madeira PT |
| Party Name | EMPRESA DE CERVEJAS DA MADEIRA, SOCIEDADE UNIPESSOAL, LDA. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | Madeira PT |
| Party Name | EMPRESA DE CERVEJAS DA MADEIRA, SOCIEDADE UNIPESSOAL, LDA. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | Madeira PT |
| Event Date | Event Description |
| Tuesday, December 10, 2019 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, November 5, 2019 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED |
| Monday, November 4, 2019 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Tuesday, October 29, 2019 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Monday, October 28, 2019 | STATEMENT OF USE PROCESSING COMPLETE |
| Wednesday, October 23, 2019 | USE AMENDMENT FILED |
| Monday, October 28, 2019 | EXTENSION 1 GRANTED |
| Wednesday, October 23, 2019 | EXTENSION 1 FILED |
| Monday, October 28, 2019 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Wednesday, October 23, 2019 | TEAS EXTENSION RECEIVED |
| Wednesday, October 23, 2019 | TEAS STATEMENT OF USE RECEIVED |
| Tuesday, April 23, 2019 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, February 26, 2019 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 26, 2019 | PUBLISHED FOR OPPOSITION |
| Wednesday, February 6, 2019 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, January 24, 2019 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Thursday, January 24, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, January 22, 2019 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, January 22, 2019 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, January 22, 2019 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, January 22, 2019 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, January 22, 2019 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Tuesday, January 15, 2019 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Wednesday, January 2, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, January 2, 2019 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, January 2, 2019 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, January 2, 2019 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, January 2, 2019 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, December 14, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, December 14, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, December 14, 2018 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Wednesday, December 12, 2018 | ASSIGNED TO LIE |
| Thursday, December 6, 2018 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, December 7, 2018 | NOTICE OF REVIVAL - E-MAILED |
| Thursday, December 6, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, December 6, 2018 | PETITION TO REVIVE-GRANTED |
| Thursday, December 6, 2018 | TEAS PETITION TO REVIVE RECEIVED |
| Thursday, November 29, 2018 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Thursday, November 29, 2018 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Thursday, May 3, 2018 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, May 3, 2018 | NON-FINAL ACTION E-MAILED |
| Thursday, May 3, 2018 | NON-FINAL ACTION WRITTEN |
| Thursday, April 19, 2018 | ASSIGNED TO EXAMINER |
| Tuesday, February 20, 2018 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Saturday, February 17, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Tuesday, February 13, 2018 | NEW APPLICATION ENTERED IN TRAM |