| Serial Number | 85308364 |
| Word Mark | DREAM CREAMERY ABOUT 35 CALORIES PER OZ. |
| Filing Date | Friday, April 29, 2011 |
| Status | 604 - ABANDONED - AFTER INTER-PARTES DECISION |
| Status Date | Friday, February 7, 2014 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, January 10, 2012 |
| Indication of Colors claimed | The color(s) black, purple, gray, blue, red, brown, pink, white and yellow are claimed as a feature of the mark is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "CREAMERY" AND "ABOUT 35 CALORIES PER OZ." |
| Description of Mark | The mark consists of a gray circle outlined in purple with the interior of the circle separated by two diagonal lines with the area between the two lines in a darker gray; inside the circle appears the bottom half of the front of the face of a Caucasian female with pink skin, red lips and white teeth, with a pink tongue licking an ice cream cone, with red ice cream and brown cone, being held by the Caucasian female's hand with pink skin and red nails, with two rectangular boxes, one on top and one on the bottom of the circle, with the top box being blue and outlined in black and containing the black wording "DREAM CREAMERY", and the bottom rectangle being yellow and outlined in black and containing the black wording "ABOUT 35 CALORIES PER OZ." |
| Goods and Services | Annin tofu; Buttercream icing; Cake icing; Caramel topping for ice cream; Chocolate food beverages not being dairy-based or vegetable based; Coconut-based fruit ice; Cones for ice cream; Dessert mousse; Dessert puddings; Dessert souffles; Dough-enrobed foods consisting of a dough-based wrapper with fillings consisting primarily of ice cream and other dairy-based desserts; Edible fruit ices; Edible ices; Egg- and dairy-free mayonnaise; Flavored ices; Frozen cashew-based desserts; Frozen confectionery; Frozen confections; Frozen confections, namely, freezer bars; Frozen confections, namely, freezer pops; Frozen confections, namely, ices; Frozen cookie dough; Frozen cookie, brownie and biscotti dough; Frozen custards; Frozen dessert consisting of fruit and cream or cream substitutes; Frozen desserts consisting of flavored ice blocks with toppings; Frozen dough for use as pizza, bread or other bread-type products; Frozen flavoured waters; Frozen flour-free foods, namely, pancakes, crepes, sandwich wraps, muffins and griddle cake sandwiches which are protein-enriched; Frozen flour-free foods, namely, waffles, pancakes, crepes, sandwich wraps, muffins and griddle cake sandwiches which are protein-enriched; Frozen foods, namely, grain and bread based appetizers, hors d'oeuvres, and canapés; Frozen juice bars; Frozen pie crusts; Frozen soy-based desserts; Frozen yoghurt; Frozen yogurt; Frozen yogurt confections; Frozen yogurt mixes; Frozen yogurt pies and cakes; Fruit ice; Fruit ice bar; Fruit ices; Ice candies; Ice cream; Ice cream desserts; Ice cream drinks; Ice cream floats; Ice cream mixes; Ice cream powder; Ice cream sandwiches; Ice cream substitute; Ice creams; Ice milk; Ice milk bars; Ice-cream; Ice-cream cakes; Iced cakes; Iced coffee; Iced tea; Ices and ice creams; Icing; Icing mixes; Icing sugar; Instant dessert puddings; Italian ice; Maize-based pudding dessert (mazamorra morada); Non-dairy frozen confections; Non-fat, low-carbohydrate, high-protein dairy-based mix for making desserts, namely, Ice Cream; Pastry cream; Pre-processed mixes for making non-dairy frozen confections; Puddings; Puddings for use as desserts; Rice-based pudding dessert; Rice-based pudding dessert (arroz con leche); Shaved ice confections; Soy-based ice cream substitute; Starch-based binding agents for ice cream; Starch-based thickeners for whipped cream; Vegan cakes; Vegan cheesecake; Vegan cookies; Vegan cup cakes; Vegan pies |
| Pseudo Mark | DREAM CREAMERY ABOUT 40 CALORIES PER OUNCE |
| 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 | 8 - Abandoned |
| Class Status Date | Friday, February 7, 2014 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | NOT AVAILABLE |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 01 - Individual |
| Address | Calabasas, CA 91302 |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | Calabasas, CA 91302 |
| Event Date | Event Description |
| Friday, February 7, 2014 | ABANDONMENT NOTICE MAILED - INTER PARTES DECISION |
| Friday, February 7, 2014 | ABANDONMENT - AFTER INTER PARTES DECISION |
| Friday, February 7, 2014 | OPPOSITION TERMINATED NO. 999999 |
| Friday, February 7, 2014 | OPPOSITION SUSTAINED NO. 999999 |
| Thursday, August 16, 2012 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, August 16, 2012 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, August 14, 2012 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, August 14, 2012 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, April 4, 2012 | OPPOSITION INSTITUTED NO. 999999 |
| Tuesday, January 24, 2012 | EXTENSION OF TIME TO OPPOSE RECEIVED |
| Tuesday, January 10, 2012 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, January 10, 2012 | PUBLISHED FOR OPPOSITION |
| Wednesday, December 21, 2011 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Sunday, December 4, 2011 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Saturday, December 3, 2011 | ASSIGNED TO LIE |
| Tuesday, November 8, 2011 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, November 8, 2011 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, November 8, 2011 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, November 8, 2011 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, November 8, 2011 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, November 7, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, November 7, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, November 7, 2011 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, August 12, 2011 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, August 12, 2011 | NON-FINAL ACTION E-MAILED |
| Friday, August 12, 2011 | NON-FINAL ACTION WRITTEN |
| Friday, August 12, 2011 | REMOVED FROM TEAS PLUS |
| Wednesday, August 10, 2011 | ASSIGNED TO EXAMINER |
| Friday, June 3, 2011 | TEAS AMENDMENT ENTERED BEFORE ATTORNEY ASSIGNED |
| Friday, June 3, 2011 | TEAS VOLUNTARY AMENDMENT RECEIVED |
| Friday, May 6, 2011 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Thursday, May 5, 2011 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Tuesday, May 3, 2011 | NEW APPLICATION ENTERED IN TRAM |