| Serial Number | 79191098 |
| Word Mark | DIABELLA |
| Filing Date | Thursday, March 24, 2016 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, September 6, 2024 |
| Registration Number | 5403828 |
| Registration Date | Tuesday, February 20, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 5, 2017 |
| Goods and Services | Confectionery made of sugar for preparing desserts; confectionery made of natural sweeteners for preparing desserts; mixes for making baking batters; marzipan mixtures; marzipan; marzipan substitutes; almond pastes; persipan pastes, namely, a confectionery in the nature of a marzipan substitute; nougat; nougat pastes; food flavourings, other than essential oils; sauces for bakery goods and desserts; topping syrup; syrup for food; spices; spice extracts; malt and malt extracts for food; flour confectionery; confectionery items coated with chocolate; candy coated confections; pastries; cake flour; flour ready for baking; powders for making puddings; meringue powder; chocolate topping; chocolate; non-medicated confectionery candy; alimentary pastes, namely, unleavened and leavened dough; edible ices; buttercream, chocolate-based and custard-based fillings for making bakery goods and confectionery; sponge cake bases; glazes for food; thickening agents for cooking and baking; starch-based thickening preparations for stiffening whipped cream |
| Description of Mark | The mark consists of a shaded oval design, separated two-thirds of the way down. The top portion of the oval design contains the stylized word "diabella" with the stylized representation of a round bundt cake above and to the upper right of the wording. |
| Goods and Services | Dried, cooked, frozen, pickled, flavoured, glazed fruit and vegetables; mixtures consisting of dehydrated fruits, vegetables, and/or processed nuts; fruit and vegetable preserves; processed edible seeds; processed nuts, chestnuts and almonds; edible oils; edible fats; dairy-based powders for making desserts; dried milk powder for making desserts; unflavored and unsweetened gelatins; dried fruits in powder form; jams; cream powder; creams for tarts |
| Goods and Services | Dietetic sugar substitutes for medical use |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Translation of Words in Mark | The wording "DIABELLA" has no meaning in a foreign language. |
| Goods and Services | Syrups for beverages |
| Goods and Services | Unprocessed nuts; unprocessed almonds; unprocessed chestnuts |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, September 6, 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, September 6, 2024 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. |
| US Class Codes | 001, 046 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, September 6, 2024 |
| Primary Code | 031 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, September 6, 2024 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | 006, 018, 044, 046, 051, 052 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, September 6, 2024 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Kessler & Comp. GmbH & Co. KG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 28 - NOT AVAILABLE |
| Address | DE |
| Party Name | Kessler & Comp. GmbH & Co. KG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 28 - NOT AVAILABLE |
| Address | DE |
| Party Name | Kessler & Comp. GmbH & Co. KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 28 - NOT AVAILABLE |
| Address | DE |
| Event Date | Event Description |
| Thursday, September 1, 2016 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Saturday, September 3, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Saturday, September 3, 2016 | ASSIGNED TO EXAMINER |
| Saturday, September 3, 2016 | NON-FINAL ACTION WRITTEN |
| Sunday, September 4, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, September 6, 2016 | REFUSAL PROCESSED BY MPU |
| Tuesday, September 6, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, September 7, 2016 | APPLICATION FILING RECEIPT MAILED |
| Friday, September 23, 2016 | REFUSAL PROCESSED BY IB |
| Wednesday, March 8, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, March 28, 2017 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Monday, March 6, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, March 6, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, March 7, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, March 29, 2017 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Tuesday, October 10, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, October 24, 2017 | ASSIGNED TO LIE |
| Tuesday, October 24, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, November 15, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, November 22, 2017 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, November 22, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, December 5, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, December 5, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Friday, December 8, 2017 | NOTIFICATION PROCESSED BY IB |
| Wednesday, April 12, 2017 | NON-FINAL ACTION WRITTEN |
| Wednesday, April 12, 2017 | NON-FINAL ACTION E-MAILED |
| Wednesday, April 12, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, October 24, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, October 24, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, February 7, 2018 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Tuesday, February 20, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Friday, February 23, 2018 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Sunday, May 20, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, May 22, 2018 | FINAL DISPOSITION PROCESSED |
| Tuesday, May 22, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Monday, February 20, 2023 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, September 6, 2024 | CANCELLED SECTION 71 |
| Friday, December 28, 2018 | NEW REPRESENTATIVE AT IB RECEIVED |
| Wednesday, February 7, 2018 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Friday, June 29, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |