| Serial Number | 78315919 |
| Word Mark | CHOCOLAT PAVOT CHOCOLAT PAVOT STORK STORK LEICHT GESCHLAGENE MARC DE CHAMPAGNE CREME IN EDELSCHOKOLADE MIT DIESER FEINEN SPUR VON MOHN CHOCOLAT PAVOT |
| Filing Date | Monday, October 20, 2003 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, January 4, 2013 |
| Registration Number | 3097325 |
| Registration Date | Tuesday, May 30, 2006 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 20, 2005 |
| Disclaimer with Predetermined Text | "CHOCOLAT" or "Leicht geschlagene Marc de Champagne Crème in Edelschokolade mit dieser feinen Spur von Mobn" |
| Description of Mark | The mark consists of a combination of word and design elements placed on a stylized, three-dimensional design in which the background color is white, with stylized orange poppy-like flowers in a green idyllic setting going around the periphery of the design and a white road leads from the nearest poppy-like flowers up through a closed, wrought-iron gate to a white, brown and red, Mediterranean-style house with an outbuilding. A separate trail of flowers leads up to the house as well. The idyllic setting features impressionistic suggestions of trees and shrubs lining the road and in the far distance, with a blue sky with scattered clouds even further away. The poppy-like flowers ebb and flow around the periphery, with some appearing quite near the viewer and others being further off. Beyond the nearest flowers, and on opposite sides of the package, the house motif is repeated for a total of two times on the periphery. The house motif is again repeated on the right side of the top of the design, with poppy-like flowers in the middle view of the top of the design. Also appearing in the design are the terms CHOCOLAT PAVOT, which are yellow; the term STORCK, which is black; and a winged design above the term STORCK, which is yellow on the left and orange on the right. These terms are repeated on opposite sides of the periphery of the design, where the flowers appear to be ebbing away, and equidistant from the two house motifs on the periphery. In addition, these terms appear on the top portion of the design. The wording "Leicht geschlagene Marc de Champagne Crème in Edelschokolade mit dieser feinen Spur von Mohn" which appears immediately to the left of the term "Pavot" on the top portion of the drawing. Finally, the top portion of the design shows a piece of candy which is brown and caramel in color in an opened orange wrapper, which evokes the poppy-like motif in its display and has gray and blue colors on the inside center portion of the wrapper, and the term CHOCOLAT PAVOT appears on a silver oval on the front, outer portion of the wrapper. The matter shown by dotted lines on the drawing is not part of the mark and serves only to show the relative position of the mark on the three-dimensional design. |
| Goods and Services | Candy, chocolate, chocolates, chocolate confectionery and pastries |
| Pseudo Mark | CHOCOLATE PAVOT |
| Translation of Words in Mark | The English translation of the word "PAVOT" is "poppy". The English translation of the words "Leicht geschlagene Marc de Champagne Crème in Edelschokolade mit dieser feinen Spur von Mohn" is "light whipped mark of champagne cream in superior chocolate with that subtle hint of poppy seeds". The English translation of "CHOCOLAT" is "chocolate". |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, January 4, 2013 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | August Storck KG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 02 - Partnership |
| Address | Berlin D-13403 DE |
| Party Name | August Storck KG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 02 - Partnership |
| Address | Berlin D-13403 DE |
| Party Name | August Storck KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 02 - Partnership |
| Address | Berlin D-13403 DE |
| Event Date | Event Description |
| Thursday, June 19, 2014 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, January 4, 2013 | CANCELLED SEC. 8 (6-YR) |
| Friday, February 3, 2012 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, May 30, 2006 | REGISTERED-PRINCIPAL REGISTER |
| Friday, April 14, 2006 | 1(B) BASIS DELETED; PROCEED TO REGISTRATION |
| Wednesday, March 22, 2006 | NOTICE OF ALLOWANCE CANCELLED |
| Wednesday, March 22, 2006 | TEAS DELETE 1(B) BASIS RECEIVED |
| Tuesday, March 14, 2006 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, January 31, 2006 | CHANGES/CORRECTIONS AFTER PUB APPROVAL ENTERED |
| Monday, January 23, 2006 | PAPER RECEIVED |
| Tuesday, January 10, 2006 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, December 20, 2005 | PUBLISHED FOR OPPOSITION |
| Wednesday, November 30, 2005 | NOTICE OF PUBLICATION |
| Saturday, October 29, 2005 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, October 28, 2005 | ASSIGNED TO LIE |
| Tuesday, October 25, 2005 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, October 4, 2005 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Monday, September 12, 2005 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Wednesday, July 20, 2005 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, July 15, 2005 | ASSIGNED TO LIE |
| Thursday, July 14, 2005 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, June 10, 2005 | AMENDMENT FROM APPLICANT ENTERED |
| Thursday, May 19, 2005 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, May 19, 2005 | PAPER RECEIVED |
| Thursday, March 3, 2005 | NON-FINAL ACTION E-MAILED |
| Thursday, March 3, 2005 | NON-FINAL ACTION WRITTEN |
| Friday, August 20, 2004 | AMENDMENT FROM APPLICANT ENTERED |
| Thursday, July 29, 2004 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, July 29, 2004 | PAPER RECEIVED |
| Wednesday, April 14, 2004 | NON-FINAL ACTION E-MAILED |
| Friday, March 26, 2004 | ASSIGNED TO EXAMINER |
| Tuesday, November 4, 2003 | NEW APPLICATION ENTERED IN TRAM |