| Serial Number | 87370817 |
| Word Mark | DON FRUITY GELATO FRUTTATO |
| Filing Date | Tuesday, March 14, 2017 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, October 25, 2024 |
| Registration Number | 5441566 |
| Registration Date | Tuesday, April 10, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, January 23, 2018 |
| Goods and Services | Cones for ice cream; Ice cream desserts; Ice cream substitute; Fruit ices; Ice cream sandwiches; Ice cream drinks; Soy-based ice cream substitute; Fruit cakes; Pastries; Petits fours; cakes; Ice cream mixes; Edible ices; Orange based pastry; Fruit filled pastry products, namely, pastries with fruit; Frozen confectionery containing jelly; Frozen Confectionery containing jam; Ice cream confectionery; confectionery ices, namely, frozen yoghurt; Lollipops; Sherbets; Ice cream with fruit; Ice cream stick bars; Long-life pastry; Fresh pasties; Frozen pastries |
| Description of Mark | The mark consists of the stylized wording "DON FRUITY" in black, with the wording "GELATO FRUTTATO" below in orange and in smaller characters; above "DON FRUITY" is a stylized figure of an orange citrus, essentially a mandarin orange, cut into two halves by an interposed mustard colored ice cream, resembling a smiley face; the upper half of the mandarin has two green leaves which extend horizontally, resembling a mustache. |
| Indication of Colors claimed | The color(s) orange, mustard, green, and black is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of "FRUTTATO" in the mark is "Fruity". |
| NOT AVAILABLE | "GELATO FRUTTATO" |
| 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, October 25, 2024 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | GELATERIA ARTIGIANALE SANTAMARIA SRLS |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | BARONISSI (SA) 84081 IT |
| Party Name | GELATERIA ARTIGIANALE SANTAMARIA SRLS |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | BARONISSI (SA) 84081 IT |
| Party Name | GELATERIA ARTIGIANALE SANTAMARIA SRLS |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | BARONISSI (SA) 84081 IT |
| Event Date | Event Description |
| Monday, March 20, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, March 21, 2017 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, June 7, 2017 | ASSIGNED TO EXAMINER |
| Thursday, June 15, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, June 15, 2017 | NON-FINAL ACTION WRITTEN |
| Thursday, June 15, 2017 | NON-FINAL ACTION E-MAILED |
| Sunday, November 26, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, December 5, 2017 | ASSIGNED TO LIE |
| Thursday, December 7, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, December 7, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Saturday, December 16, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, January 3, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, January 23, 2018 | PUBLISHED FOR OPPOSITION |
| Tuesday, January 23, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, April 10, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, December 3, 2019 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, December 3, 2019 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, April 10, 2023 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Friday, October 25, 2024 | CANCELLED SEC. 8 (6-YR) |
| Friday, March 17, 2017 | NEW APPLICATION ENTERED |