| Serial Number | 79172798 |
| Word Mark | COFFEE³ |
| Filing Date | Thursday, May 7, 2015 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, November 18, 2022 |
| Registration Number | 4948666 |
| Registration Date | Tuesday, May 3, 2016 |
| Mark Drawing | 5000 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, February 16, 2016 |
| Goods and Services | Coffee; tea; cocoa; artificial coffee; rice, tapioca; sago; flour; breakfast cereals; bread; pastry; cookies; candy; ices and ice creams; sugar; treacles; baking powder; salt; mustard; vinegar; spices; coffee in whole-bean form; coffee essences; coffee extracts; mixtures of coffee; coffee concentrates; flavoured coffee; chocolate coffee; prepared coffee and coffee-based beverages; coffee based drinks; ice beverages with a coffee base; filters in the form of paper bags filled with coffee; preparations for making beverages coffee based; flavourings, other than essential oils, for beverages; wheat flour; flavourings, other than essential oils, for cakes; cake dough; beer vinegar; thickening agents for cooking foodstuffs; biscuits sweet or savoury; bean meal; buns; unleavened bread; sandwiches; petit-beurre biscuits; cheeseburgers sandwiches; chow-chow condiment; chutneys condiments; couscous semolina; curry spice; puddings; dessert mousses confectionery; iced tea; ribbon vermicelli; meat tenderizers, for household purposes; meat pies; meat gravies; fondants; spring rolls; fruit jellies confectionery; grits; husked barley; barley meal; crushed barley; tea-based beverages; cereal-based snack food; cloves spice; glucose for culinary purposes; gluten additives for culinary purposes; crushed oats; halvah; yeast; honey; ginger spice; frozen yoghurt; confectionery ices; vegetal preparations for use as coffee substitutes; coffee flavored syrup used in making food beverages; cocoa mixes; cocoa powder; cocoa spreads; cocoa-based drinks; cocoa-based beverages; capers; caramels; potato flour; bubble gum; ketchup sauce; cooking salt; salt for preserving foodstuffs; crackers; cake frosting; garden herbs, preserved seasonings; cake mixtures; liquorice confectionery; stick liquorice confectionery; flaxseed for human consumption; maize, milled; maize, roasted; maize flakes; maize flour; macaroni; macaroons pastry; malt for human consumption; almond confectionery; marinades; marzipan; almond paste; mayonnaise; sea water for cooking; farinaceous foods being pastes food for human consumption; coffee beverages with milk; cocoa beverages with milk; chocolate beverages with milk; ham glaze; nutmeg; muesli; noodle-based prepared meals; breadcrumbs; pies; pesto sauce; petits fours cakes; pancakes; pepper; gingerbread; mint for confectionery; candy mints; peppers seasonings; pizza; high-protein cereal bars; popcorn; quiches; ravioli; rice cakes; rice-based snack food; relishes; ice, natural or artificial; unroasted coffee; saffron seasoning; preparations for stiffening whipped cream; dressings for salad; chocolate; drinking chocolate; chocolate mousses; allspice; celery salt; mustard meal; soya bean paste condiment; soya flour; soya sauce; sherbets ices; spaghetti; powders for ice cream; baking soda bicarbonate of soda for baking purposes; starch for food; sushi; natural sweeteners; tabbouleh; tacos; tapioca; tapioca flour; tomato sauce; tortillas; vanilla for use as a food flavoring, vanilla flavorings for food or beverages; waffles; cream of tartar for culinary purposes; wheat germ for human consumption; chicory coffee substitute; cinnamon spice; pralines; confectionery for decorating christmas trees; bonbons made of sugar; rusks |
| Description of Mark | The mark consists of the wording "COFFEE 3" appearing inside of a vertical rectangle where the wording coffee appears vertically and the number "3" appears as a superscript indicating that "COFFEE" is to the third power or cubed. |
| Pseudo Mark | COFFEE THREE; COFFEE CUBED |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "COFFEE" |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, November 18, 2022 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | NewCoffee GmbH & Co. oHG |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | ALDI GmbH & Co. KG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | ALDI GmbH & Co. KG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | ALDI GmbH & Co. KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Event Date | Event Description |
| Monday, September 11, 2023 | TOTAL INVALIDATION PROCESSED BY THE IB |
| Friday, August 18, 2023 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Friday, August 18, 2023 | INVALIDATION PROCESSED |
| Tuesday, July 18, 2023 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, November 18, 2022 | CANCELLED SECTION 71 |
| Monday, May 3, 2021 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, January 3, 2020 | NEW REPRESENTATIVE AT IB RECEIVED |
| Thursday, February 1, 2018 | CHANGE OF OWNER RECEIVED FROM IB |
| Thursday, June 15, 2017 | CORRECTION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Friday, May 26, 2017 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Friday, February 17, 2017 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Tuesday, August 9, 2016 | GENERIC MADRID TRANSACTION SENT TO IB |
| Tuesday, August 9, 2016 | GENERIC MADRID TRANSACTION CREATED |
| Wednesday, August 3, 2016 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, May 3, 2016 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, February 16, 2016 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 16, 2016 | PUBLISHED FOR OPPOSITION |
| Saturday, February 13, 2016 | NOTIFICATION PROCESSED BY IB |
| Wednesday, January 27, 2016 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, January 27, 2016 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, January 27, 2016 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, January 13, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, January 11, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, January 11, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, January 11, 2016 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Tuesday, December 15, 2015 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, December 15, 2015 | FINAL REFUSAL E-MAILED |
| Tuesday, December 15, 2015 | FINAL REFUSAL WRITTEN |
| Wednesday, November 18, 2015 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, November 18, 2015 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, November 18, 2015 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, October 24, 2015 | REFUSAL PROCESSED BY IB |
| Thursday, October 8, 2015 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, October 8, 2015 | REFUSAL PROCESSED BY MPU |
| Wednesday, October 7, 2015 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, October 6, 2015 | NON-FINAL ACTION WRITTEN |
| Friday, October 2, 2015 | APPLICATION FILING RECEIPT MAILED |
| Monday, September 28, 2015 | ASSIGNED TO EXAMINER |
| Monday, September 28, 2015 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, September 24, 2015 | SN ASSIGNED FOR SECT 66A APPL FROM IB |