| Serial Number | 79417870 |
| Word Mark | CAPRIMO ORIGINALE |
| Filing Date | Tuesday, November 26, 2024 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Tuesday, September 30, 2025 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Cocoa; cocoa powder; instant cocoa; cacao-based products, namely, candy with cocoa and edible processed cocoa seeds; chocolate; chocolate-based ingredients for use in confectionery products; powdered chocolate; confectionery made of sugar or sugar substitutes; chocolate confectionery; caramel chocolate; filled chocolates; chocolate cookies; chocolate cakes; chocolate pastries; chocolate spreads; chocolate coatings; chocolate toppings; chocolate-based fillings for bakery products; chocolate paste; chocolate-based beverages; chocolate sauce; chocolate syrups; chocolate fudge; chocolate-based decorations for confectionery products; bakery products; preparations for making bakery products, namely, pastry mixes; pastries; chocolate bakery products; ice creams; chocolate desserts; chocolate-based preparations for making beverages; chocolate decorations for cakes |
| Description of Mark | The mark consists of the word "CAPRIMO" in large red-brown font above the word "ORIGINALE" in smaller red-brown font; the wording is overlaid upon a yellow rectangular banner with rounded edges and a circular center; inside the circular portion of the banner is a beige heart-shaped design. |
| Goods and Services | Cocoa butter for food; milk and milk products excluding ice cream, ice milk and frozen yogurt; mixed milk based drinks, in particular flavored and caffeinated mixed milk-based drinks; fruit toppings and jellies for food, other than confectionery; nut-based decorations for food; nut-based fillings for culinary purposes |
| Indication of Colors claimed | The colors yellow, beige, and red-brown are claimed as a feature of the mark. |
| NOT AVAILABLE | "ORIGINALE" |
| Translation of Words in Mark | The English translation of "ORIGINALE" in the mark is "ORIGINAL". |
| 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 21, 2025 |
| 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 21, 2025 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Barry Callebaut AG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | CH |
| Event Date | Event Description |
| Thursday, February 27, 2025 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, March 21, 2025 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| Friday, March 28, 2025 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, March 28, 2025 | APPLICATION FILING RECEIPT MAILED |
| Monday, May 19, 2025 | ASSIGNED TO EXAMINER |
| Tuesday, May 27, 2025 | NON-FINAL ACTION WRITTEN |
| Wednesday, May 28, 2025 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, July 22, 2025 | REFUSAL PROCESSED BY MPU |
| Tuesday, July 22, 2025 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, September 30, 2025 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, September 30, 2025 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, September 30, 2025 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, August 8, 2025 | REFUSAL PROCESSED BY IB |