
| Serial Number | 79187150 |
| Word Mark | DR. OETKER |
| Filing Date | Friday, March 18, 2016 |
| Status | 708 - PARTIAL SECTION 71 & 15 ACCEPTED AND ACKNOWLEDGED |
| Status Date | Friday, April 21, 2023 |
| Registration Number | 5084463 |
| Registration Date | Tuesday, November 22, 2016 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, September 6, 2016 |
| Goods and Services | [ Beers; mineral and aerated waters ] |
| Goods and Services | [ Powdered cream for cakes; meat, sausage, poultry, game, fish not live, seafood not live, including all the aforesaid goods being preparations and extracts; prepared, partly prepared and semi-prepared meals, and prepared delicatessen salads containing meat; fruit and vegetable salads, all made using meat and/or sausage and/or poultry and/or game and/or fish and/or seafood and/or vegetables and/or fruit; processed vegetables, processed fruits, all the aforesaid goods including being preparations and extracts; edible oils and fats; fat-containing mixtures for bread slices, namely, butter, margarine; jams and fruit preserves; soups and preparations for making soups, broths, fruit soups; cream desserts made using milk products, namely, milk cream, cream, quark cream, yoghurt cream, vegetable cream, fruit cream; gelling powder and gelling agents, in particular for fruit jellies, namely, gelatine, agar-agar, processed edible carrageen, pectin and alginate for culinary purposes; fruit peel; milk and milk products, excluding ice cream, ice milk and frozen yoghurt, namely, cream, smetana sour cream, curds, fermented and unfermented cooking cream mainly consisting of vegetable fat and milk components; crystallized fruits, processed nuts, ground almonds; pectin for culinary purposes; yoghurt, kefir milk beverage, cream cheese; jellies; unflavored and unsweetened gelatins for food; including all of the aforesaid goods in preserved, chilled or frozen form where possible ] |
| Indication of Colors claimed | The color(s) blue, red and white is/are claimed as a feature of the mark. |
| Description of Mark | The mark consists of a rectangle having horizontal bars in red, white, blue, white, and red when viewed from top to bottom, with an oval design the outer part of which is red and the inner part of which is white and which contains therein the wording "Dr. Oetker" in blue, and a white cameo inside of a red oval. |
| Goods and Services | [ Food colorants, malt colorants, roasted malt colorants ] |
| Goods and Services | Confectionery, namely, dessert mousses containing milk products and/or fruits; ready-made baking mixtures for cakes, muffins and pancakes, [ food starch, sugar, sugar for jam, ] vanilla sugar, [ frostings, ] sugar substitutes; yeast; baking powder [, flavorings for cakes other than essential oils and essences; bread and pastry dough, pastry shells; chocolate, chocolate goods, namely, chocolate powder, chocolate bars, chocolate pralines, chocolate fillings for bakery, chocolate sauces and sweets; invert sugar syrup; raw marzipan mixtures, raw persipan mixtures; nougat creams, chocolate coatings, cocoa, chocolate and sugar glazes for use on cakes, chocolate and sugar sprinkles, chocolate shavings, edible paper, peanut brittle, fondants; fruit sauces excluding cranberry sauce and applesauce; chocolate covered coffee beans; ] stiffening agents for whipped cream, being flavored and sweetened gelatin and modified starches for human consumption; [ sauces and sauce preparations; spices and seasonings, relishes, condiments, namely, savory sauces, sweet sauces, spices; ] baking soda bicarbonate of soda for baking purposes; [ prepared, partly prepared and semi-prepared meals, all made using pasta and/or ground cereal products and/or pulses, salted and savoury biscuits, cheese pastries; sandwiches, including filled sandwiches; cakes, gingerbread, bread, farinaceous foods pastes for human consumption, ] pizzas [, quiches, tarte flambee, namely, pizza-type specialties, including all the aforesaid goods in the form of mixtures; cereal preparations for food, namely, breakfast cereals; muesli; flour rice, processed semolina, grist, namely, bruised malt and processed grain, including all the aforesaid goods being preparations; processed wheat, processed corn, processed oats, processed bran, including all the aforesaid goods being preparations; honey; fruit jellies, sweet groats for human food, edible ices ] ; prepared desserts, namely, puddings, including puddings in powder form; all the aforesaid goods included in this class, where possible also in preserved, chilled or frozen form |
| International Class | 002 - Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. |
| US Class Codes | 006, 011, 016 |
| Class Status Code | G - NOT AVAILABLE |
| Class Status Date | Friday, April 21, 2023 |
| Primary Code | 002 |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Friday, April 21, 2023 |
| 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 | 6 - Active |
| Class Status Date | Friday, May 27, 2016 |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Friday, April 21, 2023 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Dr. August Oetker Nahrungsmittel KG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 13 - Limited Partnership |
| Address | Bielefeld 33617 DE |
| Party Name | Dr. August Oetker Nahrungsmittel KG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 13 - Limited Partnership |
| Address | DE |
| Party Name | Dr. August Oetker Nahrungsmittel KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 13 - Limited Partnership |
| Address | DE |
| Event Date | Event Description |
| Thursday, May 26, 2016 | SN ASSIGNED FOR SECT 66A SUBSEQ DESIG FROM IB |
| Friday, May 27, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, May 31, 2016 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, June 29, 2016 | ASSIGNED TO EXAMINER |
| Wednesday, July 6, 2016 | NON-FINAL ACTION WRITTEN |
| Thursday, July 7, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, July 7, 2016 | REFUSAL PROCESSED BY MPU |
| Thursday, July 7, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, July 22, 2016 | REFUSAL PROCESSED BY IB |
| Tuesday, July 26, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, July 26, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, July 26, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, July 27, 2016 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, July 27, 2016 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, July 27, 2016 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, July 27, 2016 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, July 27, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, August 17, 2016 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, August 17, 2016 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, August 17, 2016 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, September 6, 2016 | PUBLISHED FOR OPPOSITION |
| Tuesday, September 6, 2016 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, November 22, 2016 | REGISTERED-PRINCIPAL REGISTER |
| Friday, November 25, 2016 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Wednesday, February 22, 2017 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Thursday, March 9, 2017 | GENERIC MADRID TRANSACTION CREATED |
| Thursday, March 9, 2017 | GENERIC MADRID TRANSACTION SENT TO IB |
| Friday, July 14, 2017 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Monday, November 22, 2021 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Thursday, October 6, 2022 | TEAS SECTION 71 & 15 RECEIVED |
| Friday, April 21, 2023 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Friday, April 21, 2023 | REGISTERED - PARTIAL SEC. 71 ACCEPTED & SEC. 15 ACK. |
| Friday, April 21, 2023 | NOTICE OF ACCEPTANCE OF SEC. 71 & 15 - E-MAILED |
| Thursday, December 21, 2023 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Saturday, January 6, 2024 | INVALIDATION PROCESSED |
| Saturday, January 6, 2024 | PARTIAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Monday, January 29, 2024 | PARTIAL INVALIDATION PROCESSED BY THE IB |
| Saturday, March 23, 2024 | NEW REPRESENTATIVE AT IB RECEIVED |
| Thursday, November 6, 2025 | INTERNATIONAL REGISTRATION RENEWED |