| Serial Number | 85119437 |
| Word Mark | EAT 4 HEALTH |
| Filing Date | Tuesday, August 31, 2010 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, October 5, 2018 |
| Registration Number | 4104027 |
| Registration Date | Tuesday, February 28, 2012 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 13, 2011 |
| Indication of Colors claimed | The color(s) Green, red, white and blue is/are claimed as a feature of the mark. |
| Description of Mark | The mark consists of a red apple shaped center containing the words "EAT 4 HEALTH" in white. At the lower center of the apple shape is a white-colored upper trunk of a person, arms outstretched and palms facing upward below the initial "H" in the word "HEALTH" and the ending "H" in the word "HEALTH". Above the apple shape is a green stem; and at the left and right sides of the apple shape are blue half ellipses outlining the sides of the apple shape. |
| Goods and Services | Preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; yogurt; cheese nutmeat; edible oils and fats; protein for human consumption, namely, soy bean protein and protein snack foods and foodstuffs; soy bean milk and milk substitutes, namely, soy-based food beverages used as a milk substitute, rice milk and nut milk all for use as milk substitutes; yogurt beverages |
| Goods and Services | Flour and preparations made from cereals, namely, ready to eat food bars and breakfast cereals; bread, biscuits, cookies, cakes, pastry and confectionery, namely, chocolate, chocolate substitute, cocoa, sugar, honey, chocolate based ready to eat food bars and granola based breakfast snack bars and chocolates; ices, namely, ice milk and iced cream or milk based drinks; ice cream; frozen confections preparations for making ice cream, water ices and frozen confections; honey and honey substitutes, snack foods, namely, biscuits, cakes, cookies, snack food bars made from cereals; prepared meals, namely, ready to eat food bars and meals all made from cereals, desserts, namely, fruit pies and puddings; yeast, baking powder; salt, mustard; vinegar, sauces; spices; ice; beverages with bases of coffee, cocoa and chocolate; tea and herbal food beverages |
| Goods and Services | Mineral waters and aerated waters; non-alcoholic drinks, namely, soft drinks; fruit drinks and fruit juices; fruit flavored drinks and vegetable flavored drinks; sports drinks; syrups and other preparations for making beverages, namely, cordials, soft drinks and sports drinks; fruit drinks; aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, protein drinks and shakes for use as a food fillers and not for use as a meal replacement and other beverages, namely, sports drinks |
| Pseudo Mark | EAT FOUR HEALTH; EAT FOR HEALTH |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, October 5, 2018 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, October 5, 2018 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, October 5, 2018 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | NFR Investments Pty Limited |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Thornleigh NSW2120 AU |
| Party Name | NFR Investments Pty Limited |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Thornleigh NSW2120 AU |
| Party Name | NFR Investments Pty Limited |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Thornleigh NSW2120 AU |
| Event Date | Event Description |
| Friday, October 5, 2018 | CANCELLED SEC. 8 (6-YR) |
| Tuesday, February 28, 2017 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Friday, June 24, 2016 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, June 24, 2016 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, February 28, 2012 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, December 13, 2011 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, December 13, 2011 | PUBLISHED FOR OPPOSITION |
| Wednesday, November 23, 2011 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, November 9, 2011 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, November 9, 2011 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, November 7, 2011 | EXAMINER'S AMENDMENT ENTERED |
| Monday, November 7, 2011 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, November 7, 2011 | EXAMINERS AMENDMENT E-MAILED |
| Monday, November 7, 2011 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, October 5, 2011 | NOTIFICATION FOR REQ FOR RECON DENIED NO APPEAL FILED |
| Wednesday, October 5, 2011 | ACTION FOR REQ FOR RECON DENIED NO APPEAL FILED E-MAILED |
| Wednesday, October 5, 2011 | ACTION REQ FOR RECON DENIED NO APPEAL FILED COUNTED NOT MAILED |
| Wednesday, August 17, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, August 16, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, August 16, 2011 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Tuesday, May 24, 2011 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, May 24, 2011 | FINAL REFUSAL E-MAILED |
| Tuesday, May 24, 2011 | FINAL REFUSAL WRITTEN |
| Monday, May 2, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, May 2, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, April 20, 2011 | ASSIGNED TO LIE |
| Friday, April 15, 2011 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, October 19, 2010 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, October 19, 2010 | NON-FINAL ACTION E-MAILED |
| Tuesday, October 19, 2010 | NON-FINAL ACTION WRITTEN |
| Monday, October 11, 2010 | ASSIGNED TO EXAMINER |
| Saturday, September 4, 2010 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Friday, September 3, 2010 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Friday, September 3, 2010 | NEW APPLICATION ENTERED IN TRAM |