| Serial Number | 79064701 |
| Word Mark | CLUB-MATE |
| Filing Date | Thursday, December 11, 2008 |
| Status | 706 - SECTION 71 ACCEPTED |
| Status Date | Wednesday, November 17, 2021 |
| Registration Number | 3976531 |
| Registration Date | Tuesday, June 14, 2011 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, March 29, 2011 |
| Description of Mark | The mark consists of two shapes. The upper portion of the mark is in a curved triangular shape with a yellow background and triangular red border. The upper portion of the mark contains the wording "DER PRICKELNDE MATE-EISTEE" and "CLUB-MATE" in blue. On the left side is the wording "AKTIV UND ANREGENT" and on the right side is the wording "ERFRISCHEND UND BELEBEND" all in red. The middle portion of the design contains a circle with a stylized man in blue with a white background wearing a hat and holding a cup. The circle has a white background, is outlined in blue and has a red triangular border. The lower portion of the mark is a stylized rounded square with a yellow exterior and a white inner background. The square has a red triangular border. The top of the design contains a circle outlined in blue with a red triangular border. Inside the circle is a stylized man in blue with a white background wearing a hat and holding a cup. Underneath the circle is the wording "ERFRISCHEND UND AKTIV" in "yellow and underlined in blue. Underneath this wording is the term "CLUB- MATE" outlined in blue with a yellow interior. Underneath this wording are the terms "KOFFEINHALTIGES ERFRISCHUNGSGETRANK AUF MATE-BASIS" in red. Beneath this is the following wording in blue "MATE 1ST ETNE IN SUDAMERIKA SELT JAHRHUNDERTEN VERWENDETE URWALDPFLANZE, DIE SOWOUL KOFFEIN ALS AUCH GERBSTOFFE ENTHALT. DIESE IN DER NATUR BIINMALIGE KOMBINATION VON WERTVOLLEN WIRKSTOFFEN MACHT CLUB-MATE ZU EINEM ETNZIGARTIGEN ERFRISCIIUNGSGETRANK; AKTIV UND ANREGEND, ERFRISCHEND UND BELEBEND. WWW.CLUB-MATE.COM". |
| Certificate of Correction for Registration | In the Statement, Page 1, line 19, "MATE-FISTEE" should be deleted, and, "MATE-EISTEE" should be inserted, and, In the Statement, Page 1, "ERFRISCHEND IJND BELEBEND" should be deleted, and, "ERFRISCHEND UND BELEBEND", should be inserted, and, In the Statement, Page 1, line 22, "MAH" should be deleted, and, "MAN" should be inserted, and, "WIT" should be deleted, and, "WITH" should be inserted, and In the Statement, Page 2, line 2, "WIT" should be deleted, and, "WITH" should be inserted, and, In the Statement, Page 2, line 4, " "ERFRISCHENDIJND AKTIV" " should be deleted, and, " "ERFRISCHEND UND AKTIV" IN" should be inserted, and, In the Statement, Page 2, line 8, "TN" should be deleted, and, "IN" should be inserted, and, In the Statement, Page 2, line 9, "JAURHUNDERTEN" should be deleted, and, "JAHRHUNDERTEN" should be inserted, and, In the Statement, Page 2, line 10, "DERNATUR" should be deleted, and, "DER NATUR" should be inserted, and, In the Statement, Page 2, line 11, "WLRKSTOFFEN MACUT CLUB-MATE ZU ETNEM" should be deleted, and, "WIRKSTOFFEN MACHT CLUB-MATE ZU EINEM" should be inserted, and, In the Statement, Page 2, line 12, "LUND" should be deleted, and, "UND" should be inserted, and In the Statement, Page 2, line 14, "MATE-BISTEE" should be deleted, and, "MATE-BISTEE" should be inserted, and, In the Statement, Page 2, line 15, "ICE- TEA" should be deleted, and, "ICE-TEA" should be inserted, and, In the Statement, Page 2, line 18, "LUND" should be deleted, and, "UND" should be inserted, and, In the Statement, Page 2, line 21, "JAHRI-IUNDERTEN" should be deleted, and, "JAHRHUNDERTEN" should be inserted, and, In the Statement, Page 2, line 24, "BINEM" should be deleted, and, "EINEM" should be inserted, and, In the Statement, Page 2, line 25, "LUND" should be deleted, and, "UND" should be inserted. |
| Pseudo Mark | CLUB-MATE ERFRISCHEND UND AKTIV CLUB-MATE COFFEINHALTIGES ERFRISCHUNGSGETRÄNK AUF MATE-BASIS |
| Indication of Colors claimed | The color(s) yellow, red, blue and white is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of "DER PRICKELNDE MATE-EISTEE" "AKTIV UND ANREGEND" "ERFRISCHEND UND BELEBEND" is "THE SPARKING MATE ICE-TEA", "ACTIVATING AND STIMULATING" and "REFRESHING AND REVITALIZING". The lower portion of the mark, and under the picture of the person in a circle is the wording "ERFRISCHEND UND AKTIV" which translates to "REFRESHING AND ACTIVATING". Under the wording "CLUB-MATE" in the lower portion of the mark is the wording "KOFFEINHALTIGES ERFRISCUNGSGETRANK AUF MATE-BASIS MATE 1ST EINE IN SUDAMERIKA SEIT JAHRHUNDERTEN VERWENDETE URWALDPFLANZE, DIE SOWOHL KOFFEIN ALS AUCH GERBSTOFFE ENTHALT. DIESE IN DER NATUR EINMALIGE KOMBINATION VON WERTVOLLEN WIRKSTOFFEN MAGHT CLUB-MATE ZU EINEM EINZIGARTIGEN ERFRISCHUNGSGETRANK; AKTIV UND ANREGEND, ERFRISCHEND UND BELEBEND" which translates to "MATE SOFT DRINK WITH CAFFEINE MATE IS A PLANT FOUND IN ANCIENT WOODLAND, WHICH HAS BEEN CULTIVATED IN SOUTH AMERICA FOR CENTURIES, CONTAINING CAFFEINE AS WELL AS TANNING AGENTS. THIS UNIQUE NATURAL COMBINATION OF PRECIOUS COMPONENTS MAKES CLUB-MATE AN UNRIVALLED SOFT DRINK; ACTIVATING AND STIMULATING, REFRESHING AND REVITALIZING". |
| Goods and Services | Non-alcoholic drink containing caffeine based on maté, namely, soft drinks |
| Disclaimer with Predetermined Text | "MATE-ESTEE", "KOFFEINHALTIGES ERERISCHUNGSGETRANK AUF MATE-BASIS" AND "MATE-BASIS MATE 1ST EINE IN SUDAMERIKA SEIT JAHRI-IUNDERTEN VERWENDETE URWALDPFLANZE, DIE SOWOHL KOFFEIN ALS AUCH GERBSTOFFE ENTHALT" |
| 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, February 20, 2009 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Brauerei Loscher GmbH & Co. KG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | Münchsteinach 91481 DE |
| Party Name | Brauerei Loscher GmbH & Co. KG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | Brauerei Loscher KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | 91481 Münchsteinach DE |
| Event Date | Event Description |
| Friday, April 28, 2023 | CORRECTION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Friday, April 28, 2023 | CORRECTION FROM IB ENTERED - NO REVIEW REQUIRED |
| Tuesday, April 18, 2023 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Tuesday, April 18, 2023 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Wednesday, November 17, 2021 | NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED |
| Wednesday, November 17, 2021 | REGISTERED-SEC.71 ACCEPTED |
| Wednesday, November 17, 2021 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Thursday, June 3, 2021 | TEAS SECTION 71 RECEIVED |
| Friday, February 26, 2021 | NEW REPRESENTATIVE AT IB RECEIVED |
| Sunday, June 14, 2020 | COURTESY REMINDER - SEC. 71 (10-YR) E-MAILED |
| Friday, January 4, 2019 | INTERNATIONAL REGISTRATION RENEWED |
| Monday, June 19, 2017 | NOTICE OF ACCEPTANCE OF SEC. 71 & 15 - E-MAILED |
| Monday, June 19, 2017 | REGISTERED - SEC. 71 ACCEPTED & SEC. 15 ACK. |
| Monday, June 19, 2017 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Tuesday, April 25, 2017 | TEAS SECTION 71 & 15 RECEIVED |
| Sunday, February 24, 2013 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, January 25, 2013 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, September 16, 2011 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, September 16, 2011 | FINAL DISPOSITION PROCESSED |
| Wednesday, September 14, 2011 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, September 6, 2011 | CORRECTION UNDER SECTION 7 ¿ PROCESSED |
| Tuesday, July 26, 2011 | SEC 7 REQUEST FILED |
| Thursday, September 1, 2011 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Tuesday, July 26, 2011 | PAPER RECEIVED |
| Tuesday, June 14, 2011 | REGISTERED-PRINCIPAL REGISTER |
| Friday, April 22, 2011 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Wednesday, March 30, 2011 | PAPER RECEIVED |
| Tuesday, March 29, 2011 | PUBLISHED FOR OPPOSITION |
| Thursday, March 10, 2011 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Thursday, March 10, 2011 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, March 9, 2011 | NOTICE OF PUBLICATION |
| Wednesday, February 23, 2011 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Tuesday, February 15, 2011 | ASSIGNED TO LIE |
| Tuesday, February 15, 2011 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, February 15, 2011 | EXAMINERS AMENDMENT MAILED |
| Tuesday, February 15, 2011 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, February 15, 2011 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, February 7, 2011 | NON-FINAL ACTION MAILED |
| Saturday, February 5, 2011 | NON-FINAL ACTION WRITTEN |
| Wednesday, February 2, 2011 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Friday, January 21, 2011 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Thursday, January 13, 2011 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Tuesday, January 11, 2011 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, January 11, 2011 | AMENDMENT FROM APPLICANT ENTERED |
| Tuesday, January 11, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, January 7, 2011 | PAPER RECEIVED |
| Wednesday, December 1, 2010 | NON-FINAL ACTION MAILED |
| Tuesday, November 30, 2010 | NON-FINAL ACTION WRITTEN |
| Tuesday, November 23, 2010 | AMENDMENT FROM APPLICANT ENTERED |
| Tuesday, November 23, 2010 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, November 19, 2010 | PAPER RECEIVED |
| Monday, November 1, 2010 | SUBSEQUENT FINAL MAILED |
| Monday, November 1, 2010 | SUBSEQUENT FINAL MAILED |
| Friday, October 29, 2010 | SUBSEQUENT FINAL REFUSAL WRITTEN |
| Saturday, October 16, 2010 | AMENDMENT FROM APPLICANT ENTERED |
| Saturday, October 16, 2010 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, October 12, 2010 | PAPER RECEIVED |
| Friday, August 6, 2010 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Thursday, July 22, 2010 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Thursday, July 22, 2010 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Monday, April 12, 2010 | NON-FINAL ACTION MAILED |
| Saturday, April 10, 2010 | NON-FINAL ACTION WRITTEN |
| Monday, April 5, 2010 | AMENDMENT FROM APPLICANT ENTERED |
| Monday, April 5, 2010 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, April 5, 2010 | ASSIGNED TO LIE |
| Friday, March 26, 2010 | PAPER RECEIVED |
| Monday, September 28, 2009 | FINAL REFUSAL MAILED |
| Saturday, September 26, 2009 | FINAL REFUSAL WRITTEN |
| Monday, September 21, 2009 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, September 21, 2009 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, September 21, 2009 | ASSIGNED TO LIE |
| Thursday, September 17, 2009 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, April 10, 2009 | REFUSAL PROCESSED BY IB |
| Tuesday, March 17, 2009 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, March 17, 2009 | REFUSAL PROCESSED BY MPU |
| Tuesday, March 17, 2009 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, March 16, 2009 | NON-FINAL ACTION WRITTEN |
| Tuesday, March 10, 2009 | ASSIGNED TO EXAMINER |
| Tuesday, February 24, 2009 | APPLICATION FILING RECEIPT MAILED |
| Friday, February 20, 2009 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, February 19, 2009 | SN ASSIGNED FOR SECT 66A APPL FROM IB |