| Serial Number | 79296928 |
| Word Mark | DEXTRO ENERGY SMART PROTEIN |
| Filing Date | Monday, January 27, 2020 |
| Status | 404 - IR CANCELLED - US REGISTRATION CANCELLED |
| Status Date | Wednesday, January 31, 2024 |
| Registration Number | 6641444 |
| Registration Date | Tuesday, February 15, 2022 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 30, 2021 |
| Goods and Services | Coffee; tea; sugar, bakery goods; pastries; confectionery made of sugar; pizza; cakes; chocolate; chocolate goods, namely, bars, desserts, ice creams, mousses, pudding, cakes; cocoa; bread; spreads based on cocoa; preparations for making pastries, namely, biscuits, bread; pizza dough; cereal bars containing proteins, including mixed with nuts and/or cocoa and/or chocolate and/or fruits and/or honey and/or raisins and/or minerals and/or vitamins and/or caffeine; carbohydrate cereal bars, including mixed with proteins and/or nuts and/or cocoa and/or chocolate and/or fruits and/or honey and/or raisins and/or minerals and/or vitamins and/or caffeine; protein cereal bars, including mixed with nuts and/or cocoa and/or chocolate and/or fruits and/or honey and/or raisins and/or minerals and/or vitamins and/or caffeine; muesli, including mixed with proteins and/or nuts and/or cocoa and/or chocolate and/or fruits and/or honey and/or raisins and/or minerals and/or vitamins and/or caffeine; porridge; confectionery, in particular sweetmeats being candy and chewing gum, not for medical purposes; breakfast, processed, ready-to-eat cereal mixes containing proteins; flavouring additives, other than essential oils, for foods; fruit sauces; pancakes; preparations for making pancakes, namely, pancakes mixes; edible ices; preparations for making edible ices, namely, mixes for making edible ices; edible ices based on protein; high-protein cereal balls in the nature of protein balls; mixes for making desserts, namely, pudding, ice-cream, dessert mousses, wafers, pancakes, containing a protein concentrate with baking leavening agents for baking; crisps based on maize |
| Description of Mark | The mark consists of a dark grey square with the stylized wording "DEXTRO ENERGY" in the color light grey form-ing part of a light grey arrow pointing to the right. The stylized wording "SMART PROTEIN" appears below the arrow in the color orange. |
| Goods and Services | Dairy products, namely, milk shakes made from protein milk, milk shakes; whey; drinks made from dairy products; milk; milk products excluding ice cream, ice milk and frozen yogurt; cocoa, strawberry, vanilla, chocolate, chocolate hazelnut, hazelnut, orange, lemon, peach, tropic, mango, banana, cherry, watermelon, and lime flavoured milk beverages; fruits and vegetables in preserved, dried and cooked form; processed fruits and vegetables including nuts, pulses, berries and processed mushrooms; prepared fruits; vegan substitutes for dairy products, namely, oat milk, soy milk; birds eggs and egg products, namely, powdered eggs, deviled eggs, omelets; edible oils and fats; soups and broths; jellies; jams; compotes; fruit-based spreads; nut-based spreads; spreads based on pulses; spreads based on protein from hen eggs, animal muscle meat, animal connective tissues, milk and whey, wheat, soya, peas, lupins, fava beans, lentils, chick peas, sunflowers, pumpkin, hemp with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and not containing CBD, false flax, common duck-weed, algae, nuts or insects; dairy based spreads containing proteins, made primarily of milk and/or whey and/or protein; fruit-based snacks; snack foods based on nuts; snacks based on nuts and/or fruits with protein; edible cream, based on milk and/or milk products and/or proteins, namely, egg creams, whipping cream; crisps based on potatoes and/or vegetables |
| Goods and Services | Pharmaceutical preparations for increase of energy metabolism, muscle building, support of immune system, reduction of fatigue made of or using carbohydrates and/or proteins and/or caffeine and/or vitamins and/or minerals; protein dietary supplements, including enriched with carbohydrates or/and caffeine and/or vitamins and/or minerals, for medical purposes, in liquid, compressed, powder, gel and/or sugar-coated form; nutritional supplements; food supplements, not for medical purposes; dietetic foods adapted for medical use; nutritional supplements containing protein; dietetic foods adapted for medical use containing protein from hen eggs, animal muscles meat, animal connective tissues, milk and whey, wheat, soya, peas, lupins, fava beans, lentils, chick peas, sunflowers, pumpkin, hemp with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and not containing CBD, false flax, common duckweed, algae, nuts or insects; dietetic food preparations made of or using proteins and/or carbohydrates and/or vitamins and/or minerals and/or caffeine, not for medical purposes, namely, food supplements, food for babies; nutritional supplements in the form of effervescent tablets; powders in the nature of meal substitute mixes adapted for medical use; liquid carbohydrate gels being nutritional supplements for athletes; liquid protein gels being nutritional supplements for athletes; protein supplements, namely, liquid gels containing proteins to aid muscle development and/or muscle maintenance and/or high-protein nutrition |
| Goods and Services | Clothing, namely, T-shirts, sweat shirts, pants, trousers, tracksuits; footwear; headwear; suits; clothing layettes; bikinis; swimming costumes; swimsuits in the nature of bathing drawers; bathrobes; bath slippers; pocket squares; outerclothing, namely, jackets; waist belts; scarves; gloves; shirts; blouses; trousers; suspenders; hats; jackets; gowns; neckties; coats; caps, namely, baseball caps, golf caps; running caps; cycling caps; swimming caps; combinations being clothing; slippers; sweaters; pyjamas; rain coats in the nature of mackintoshes; skirts; sandals; neck scarves; pants; overalls; shorts; briefs; socks; athletics shoes; boots; headbands; stoles; cardigans; stockings; tee-shirts; polo shirts; underwear; waistcoats; slipper socks; leggings |
| Indication of Colors claimed | The color(s) gray and orange is/are claimed as a feature of the mark. |
| Goods and Services | Containers for household or kitchen use; cups, mugs and glasses for drinking and cocktails; plates, wash basins in the nature of bowls, paper cups, and paper plates; drinks mats not of paper or textile; plastic water bottles sold empty; household food storage containers; thermal insulated covers for mugs and bottles to keep hot or cold; tumblers for use as drinking glasses; drinking vessels; bottles, particularly drink and juice bottles, sold empty; shakers, namely shaker bottles, sold empty and protein drink shaker bottles, sold empty |
| Goods and Services | Tea-based soft drinks; non-alcoholic beverages, namely, water-based beverages, fruit juice, sports drinks containing protein; non-alcoholic drinks , namely, water-based drinks, carbonated drinks, sports drinks containing amino acids; smoothies; whey beverages; flavoured whey beverages; whey beverages containing fruit juices; non-alcoholic beverages based on fruit juices; non-alcoholic beverages based on water; non-alcoholic fruit beverages; fruit juices; fruit drinks; vegetable juice; powders and preparations in the nature of powder, instant powder, concentrates, tablets, capsules and flakes for making non-alcoholic beverages, namely, drinking water with protein, drinking water with vitamins; powders containing protein for making non-alcoholic beverages, namely, sports beverages, tea based beverages, fruit based beverages; effervescent tablets containing protein used to make drinks, namely, sports beverages, tea based beverages, fruit based beverages |
| Disclaimer with Predetermined Text | "ENERGY" AND "PROTEIN" IN CLASSES 5, 29, 30, AND 32 |
| International Class | 005 - Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| US Class Codes | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | H - NOT AVAILABLE |
| Class Status Date | Wednesday, January 31, 2024 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 021 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. |
| US Class Codes | 002, 013, 023, 029, 030, 033, 040, 050 |
| Class Status Code | H - NOT AVAILABLE |
| Class Status Date | Wednesday, January 31, 2024 |
| Primary Code | 021 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | H - NOT AVAILABLE |
| Class Status Date | Wednesday, January 31, 2024 |
| Primary Code | 025 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | H - NOT AVAILABLE |
| Class Status Date | Wednesday, January 31, 2024 |
| 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 | H - NOT AVAILABLE |
| Class Status Date | Wednesday, January 31, 2024 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | H - NOT AVAILABLE |
| Class Status Date | Wednesday, January 31, 2024 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | ZERTUS Marken GmbH |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | DE |
| Party Name | ZERTUS Marken GmbH |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | DE |
| Party Name | ZERTUS Marken GmbH |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | DE |
| Event Date | Event Description |
| Saturday, February 17, 2024 | NOTIFICATION OF EFFECT OF CANCELLATION OF INTL REG E-MAILED |
| Saturday, February 17, 2024 | DEATH OF INTERNATIONAL REGISTRATION |
| Tuesday, January 23, 2024 | TEAS SECTION 7 SURRENDER RECEIVED |
| Friday, July 28, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, August 9, 2022 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Wednesday, July 20, 2022 | FINAL DISPOSITION NOTICE SENT TO IB |
| Wednesday, July 20, 2022 | FINAL DISPOSITION PROCESSED |
| Sunday, May 15, 2022 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, February 15, 2022 | REGISTERED-PRINCIPAL REGISTER |
| Monday, December 6, 2021 | NOTIFICATION PROCESSED BY IB |
| Tuesday, November 30, 2021 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, November 30, 2021 | PUBLISHED FOR OPPOSITION |
| Wednesday, November 10, 2021 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, November 10, 2021 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, November 10, 2021 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, October 27, 2021 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, October 25, 2021 | EXAMINER'S AMENDMENT ENTERED |
| Monday, October 25, 2021 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, October 25, 2021 | EXAMINERS AMENDMENT E-MAILED |
| Monday, October 25, 2021 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, October 21, 2021 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Tuesday, October 5, 2021 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Monday, September 20, 2021 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, September 3, 2021 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, September 3, 2021 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, September 3, 2021 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, July 12, 2021 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, July 12, 2021 | NON-FINAL ACTION E-MAILED |
| Monday, July 12, 2021 | NON-FINAL ACTION WRITTEN |
| Saturday, May 22, 2021 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, May 21, 2021 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, May 21, 2021 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, April 9, 2021 | ATTORNEY REVIEW COMPLETED |
| Friday, March 19, 2021 | CORRECTION FROM IB ENTERED - ATTORNEY REVIEW REQUIRED |
| Saturday, March 13, 2021 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Sunday, December 20, 2020 | REFUSAL PROCESSED BY IB |
| Saturday, November 28, 2020 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, November 28, 2020 | REFUSAL PROCESSED BY MPU |
| Tuesday, November 10, 2020 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, November 9, 2020 | NON-FINAL ACTION WRITTEN |
| Tuesday, November 3, 2020 | APPLICATION FILING RECEIPT MAILED |
| Friday, October 30, 2020 | ASSIGNED TO EXAMINER |
| Friday, October 30, 2020 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, October 29, 2020 | SN ASSIGNED FOR SECT 66A APPL FROM IB |