| Serial Number | 79400152 |
| Word Mark | EATYX |
| Filing Date | Thursday, December 7, 2023 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Friday, December 27, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 5 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Tea; tea-based beverages; iced tea; coffee; coffee-based beverages; chocolate-based beverages; cocoa-based beverages; cocoa; beverages in powder form, based on cocoa; confectionery bars namely chocolate or carmel bars; cereal bars and cereal-based energy bars; candy bars; muesli bars; high-protein cereal bars; cereal-based snack bars based on crunchy baked mixture of cereal, sugar, honey and other sweetening with added nuts or dried fruits; caramels being candy; muesli; confectionery made of sugar, xylitol, stevia, sweetener or chocolate; sweetmeats being candy; lozenges being non-medicated confectionery; ice cream; frozen yoghurt; flavorings, other than essential oils, for beverages; cake powder being cake mixes; sauce powders being dehydrated sauces; chocolate powder; dessert puddings in powder form; boxed lunches consisting primarily of rice, with added meat, fish or vegetables; Salts, seasonings, flavourings of almond for food or beverages, other than essential oils, and condiments in the nature of pimiento, pepper, garlic, oregano, chili; cereal-based snack food; bakery goods; snack foods consisting principally of confectionery made of sugar, sweetener or chocolate; rice-based snack food; rice crusts namely rice waffles; edible wafers; cakes; tarts; biscuits; chocolate; wafers; Prepared desserts being confectionery, namely, frozen confectionery containing ice cream, puddings, cakes or bars; Dairy confectionery, namely, ice creams, frozen yoghurts, bars or cakes based on dairy; corn flakes; breakfast cereals; crisp breads; rusks; crackers; rice crisps; puffed corn snacks; multigrain-based snack foods; bee glue, propolis, royal jelly, edible beeswax; Goods derived from apiculture, namely, honey and treacle; honey; semolina, processed; flour; flour preparations namely, corn flour, wheat flour; sugar; prepared meals and savoury snacks based on cereals; cereals, processed, for human consumption oatmeal flakes and flakes of other cereals; husked barley; crushed oats; popcorn; farinaceous foods in the nature of pastes for human consumption; ready-made baking mixtures; ready-made baking mixtures for bread, cakes or pastries; bread; breadcrumbs; bread rolls; gingerbread; snack foods consisting principally of bread; buns; rice; pasta; freeze-dried dishes with the main ingredient being pasta; freeze-dried dishes with the main ingredient being rice; rice based prepared dishes, pasta based prepared dishes, groat-based prepared meals for humans; sandwiches; meat pies prepared; pasta containing stuffings; pies; pancakes |
| Description of Mark | The mark consists of the white stylized wording "EATYX" in a black rectangle. |
| Goods and Services | Bars based on nuts; nut-based snack bars with added cereals; fruit- and nut-based snack bars; fruit chips; vegetable chips; fruit-based food bars; fruit-based snack food; vegetable-based snack food; nut-based snack foods; mixtures of fruit and nuts being snack mix consisting primarily of processed fruits and nuts; dried fruit mixes; yoghurt; powdered eggs; soup powders; beverages having a milk base; milk substitutes; dairy products and dairy substitutes; oils for food; edible fats; processed fruits, fungi and vegetables including nuts and pulses; fish, seafood and molluscs, not live; soups and stocks, meat extracts for culinary purposes; meat; jellies for food, other than confectionery; jams; compotes; pressed fruit and vegetable pastes; fruit jellies being fruit jelly spreads; vegetable jellies; milk; kephir being a milk beverage; hamburgers being uncooked patties; french fries; casseroles being dishes comprised primarily of meat, meat substitutes, vegetables; prepared meals consisting principally of meat; prepared meals, mainly consisting of poultry; prepared meals consisting principally of vegetables; prepared meals based primarily on dairy, fish and meat substitutes; ready-made salads except macaroni, rice and pasta salad; fruit salads; vegetable salads; legume salads; potato-based salads; butter made of nuts; powdered milk; mashed potato; vegetable puree; shakes based on dairy products or dairy substitutes; prepared meals and shakes in powder form, based on milk, milk substitutes, dairy, dairy substitutes, fruit or vegetables namely, milk based beverages, milk substitute based beverages, soups, fruit salads, vegetable salad, vegetable based prepared meals; milk-based dairy products and milk products based on plant-based milk substitutes namely, milk-based beverages, milk-based chesses and cottages chesses, nut-milk based beverages, oat-milk based beverages, soy-milk based beverages and cheeses; prepared meals primarily based on milk products of milk substitutes namely, milk-based beverages and puddings, nut-milk based beverages and puddings, oat-milk based beverages and puddings, soy-milk based beverages and puddings ; beverages based on milk substitutes; edible seeds namely, processed edible seeds, not being seasonings or flavorings; edible nuts, processed; vegan meat substitutes; falafel; vegetarian and vegan burgers patties; vegetarian and vegan charcuterie; vegetable-based meat substitutes; hummus being chickpea paste; tofu; tempeh; processed chickpeas; cooked beans and a dishes made primarily from processed beans; plant powdered egg substitutes; pollen prepared as foodstuff |
| Goods and Services | Food supplements; dietary supplements in powder form; dietary and nutritional preparations; nutritional supplements; mineral dietary supplements; food supplements in liquid form; dietary supplements in the form of snacks; meal replacement powders for medical use or for supplementation use; powdered fruit-flavored dietary supplement drink mix; powdered nutritional supplement drink mix; vitamin supplements; dietary supplemental drinks; nutritional supplement meal replacement bars for boosting energy for medical use or for supplementation use; nutritional drink mix for use as a meal replacement for medical use or for supplementation use; dietetic substances in the nature of beverages adapted for medical use; mineral food supplements; pharmaceuticals namely, pharmaceutical preparations for the treatment of malnutrition, obesity, bulimia, anorexia, eating disorders or pharmaceutical preparations for support with medical therapies; dietary supplements with a cosmetic effect; pharmaceutical preparations for skin care; vitamin preparations; preparations of trace elements for human and animal use namely, iron, copper, cobalt, iodine, manganese, chlorine, molybdenum, selenium and zinc supplements; dietetic foods adapted for medical purposes; dietetic beverages adapted for medical purposes; antioxidants; pharmaceuticals and natural remedies namely, preparations for the treatment of gastro-intestinal conditions, hormonal and chemical imbalances, sleep disorders, stimulation of metabolism, reduced immunity, memory problems, concentration problems, excess water in the body, nutritional disorders, malnutrition, obesity; chewing gum for medical purposes; tisanes being medicated beverages; medicinal herbs; albumin dietary supplements; vitamin drinks; freeze-dried food adapted for medical purposes; food for medically restricted diets; food for diabetics being dietetic foods adapted for medical purposes or for supplementation purposes; dietetic food preparations adapted for medical use; medicinal drinks; electrolyte replacement beverages for medical purposes; food supplements for non-medical purposes; food for babies and infants |
| Indication of Colors claimed | The color(s) black and white is/are claimed as a feature of the mark. |
| Goods and Services | Non-alcoholic beverages, namely, carbonated beverages, soft drinks, fruit drinks, fruit juices, sports drinks; beverages containing vitamins namely, water, protein drinks, soft drinks, carbonated drinks, concentrate drinks; isotonic beverages; powders for making isotonic beverages; energy drinks; low-calorie soft drinks; sports drinks; beverages containing electrolytes, namely sports drinks; nutritionally fortified beverages namely, juices, carbonated beverages, soft drinks, soya-based, oat-based, rice-based nut-based beverages other than milk substitutes; mineral and aerated waters; table waters; fruit flavoured waters; fruit squashes; preparations for making non-alcoholic fruit flavored beverages and vitamin powders or concentrates; non-alcoholic essences for making non-alcoholic beverages; fruit drinks and fruit juices; vegetable juices being beverages; syrups for making non-alcoholic beverages; fruit nectars; functional water-based beverages; protein drinks in the nature of sports drinks; cocktails, non-alcoholic; Aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, carbohydrates drinks for use as food fillers; powders for the preparation of fruits-based beverages; Fruit-based, soya-based, rice-based, oat-based, sport beverages or soft drinks being beverages in powder form |
| 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 | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, July 18, 2024 |
| Primary Code | 005 |
| 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 | 6 - Active |
| Class Status Date | Thursday, July 18, 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 | 6 - Active |
| Class Status Date | Thursday, July 18, 2024 |
| 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 | 6 - Active |
| Class Status Date | Thursday, July 18, 2024 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | EATYX POLSKA sp. z o.o. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | PL |
| Event Date | Event Description |
| Thursday, July 18, 2024 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Thursday, July 25, 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, July 25, 2024 | APPLICATION FILING RECEIPT MAILED |
| Friday, July 26, 2024 | ASSIGNED TO EXAMINER |
| Wednesday, July 31, 2024 | NON-FINAL ACTION WRITTEN |
| Thursday, August 1, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, August 12, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, August 12, 2024 | REFUSAL PROCESSED BY MPU |
| Sunday, September 1, 2024 | REFUSAL PROCESSED BY IB |
| Friday, December 27, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, December 27, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, December 27, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |