| Serial Number | 79241462 |
| Word Mark | EMMA & TOM'S |
| Filing Date | Friday, May 11, 2018 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, August 27, 2019 |
| Registration Number | 5841685 |
| Registration Date | Tuesday, August 27, 2019 |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, June 11, 2019 |
| Goods and Services | Processed cereals; preparations made from cereals, namely, cereal bars and cereal based energy bars; biscuits; food flavourings, other than essential oils; seasonings; flavourings, other than essential oils, for cakes; flavourings for beverages, other than essential oils; frozen yoghurts; frozen yoghurt confections; honey and treacle; food flavourings being non-essential oils; flavourings, other than essential oils, for butter; cheese cake; sauces; condiments, namely, chutneys, pickled ginger, chili pepper pastes being condiments; coffee; tea and tea based beverages; bread; pasta; pastries; sandwiches; rice; dessert mousses; snack bars made from, consisting of or containing chocolate, grains, nuts and dried fruit or a mixture of grains, nuts and dried fruit, namely, grain-based food bars also containing chocolate, nuts and dried fruit; high protein cereal bars; cereal based snack foods; snacks manufactured from cereals or muesli, namely, cereal based snack foods and muesli bars; sesame snacks as confectionery, namely sesame brittle; crispbread snacks; flour, maize meal, potato based snacks, namely chocolate-covered potato chips; cocoa or coffee beverages with milk; fruit tea; fruit sauces |
| Goods and Services | Dairy products, namely, cream, being dairy products, dairy-based spreads, dairy-based beverages, milk and milk products excluding ice cream, ice milk and frozen yoghurt; drinks consisting of dairy products namely, drinks based on yoghurt, milk drinks containing fruits, milk-based energy drinks; coconut milk for cooking; flavoured milk; goat's milk; oat milk; milk of almonds for culinary purposes; milk proteins, namely, protein milk; milk protein products, namely, protein milk; protein milk; rice milk for use as a milk substitute; soya bean milk; soya milk; whole milk; soya bean protein, namely, protein soya milk; vegetable proteins for human consumption, namely, formed textured vegetable protein for use as a meat substitute; preserved, dried and cooked fruits and vegetables; fruit and vegetable juice and fruit and vegetable juice concentrates for culinary purposes; fruit and vegetable pulps and purees for culinary purposes; yoghurts; yoghurt products, namely, drinks based on yoghurt, Greek yoghurt, soy yoghurt; yoghurt drinks; products consisting wholly of or principally of yoghurt, namely, beverages made from yoghurt, drinking yoghurts, custard style yoghurts; yoghurts containing fruits, fruit purees, nuts; fruit based snack foods, prepared snacks made from cooked, dried or fresh fruit or vegetables; prepared snacks made from nuts; nut based snack bars; seed based snack bars; meat, dried, or dehydrated and pre-cooked vegetables and eggs; edible seeds, namely, processed edible seeds, not being seasonings or flavourings; prepared seeds for human consumption, not being seasonings or flavourings; coconut milk-based beverages; milk of almonds, namely, almond milk-based beverages; non-alcoholic peanut milk-based beverages |
| Goods and Services | Vitamin drinks, namely, vitamin enriched water for medical purposes, vitamin fortified beverages for medical purposes, dietary supplemental drinks in the nature of vitamin and mineral beverages; medicated mineral drinks, namely, dietary supplemental drinks in the nature of vitamin and mineral beverages, medicinal drinks, dietary supplemental drinks |
| Pseudo Mark | EMMA AND TOM'S |
| Goods and Services | Non-alcoholic drinks, namely, carbonated non-alcoholic drinks, non-alcoholic sparkling fruit juice beverages, non-alcoholic beverages flavoured with coffee; fruit drinks; fresh, frozen and aerated fruit juices and fruit juice concentrates; non-alcoholic fruit extracts used in the preparation of beverages; mineral water; fruit nectars; fruit syrup for beverages; unfermented fruit juice; aerated beverages, namely, aerated water, aerated fruit juices, aerated mineral waters; syrups and other preparations for making beverages, namely, fruit drinks; beers; water, soft drinks including cola; water infused with fruit; soya-based beverages, other than milk substitutes; vegetable fruit juices, namely, beverages constituting of a blend of fruit and vegetable juices and fruit and fruit juice concentrates; vegetable drinks; non-alcoholic vegetable extracts used in the preparation of beverages; energy drinks enhanced with vitamins, minerals, nutrients, proteins, amino acids and herbs being non-alcoholic aloe vera drinks; energy drinks not for medical purposes; isotonic drinks not for medical purposes; non-medicated mineral drinks, namely, mineral waters, non-medicated sports drinks, protein enriched beverages, namely, protein-enriched sports beverages; drinks containing herbal preparations and nutritional fortified beverages, namely, herbal juices, sports drinks enhanced with nutrients, energy drinks enhanced with nutrients |
| 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 | 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, October 1, 2018 |
| 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 | Monday, October 1, 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 | 6 - Active |
| Class Status Date | Monday, October 1, 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 | 6 - Active |
| Class Status Date | Monday, October 1, 2018 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Collins Point Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Collins Point Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Collins Point Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Event Date | Event Description |
| Friday, October 5, 2018 | APPLICATION FILING RECEIPT MAILED |
| Thursday, September 27, 2018 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, October 1, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, October 1, 2018 | ASSIGNED TO EXAMINER |
| Friday, October 5, 2018 | NON-FINAL ACTION WRITTEN |
| Saturday, October 6, 2018 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, October 15, 2018 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, April 3, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, April 3, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, April 4, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, October 15, 2018 | REFUSAL PROCESSED BY MPU |
| Friday, November 2, 2018 | REFUSAL PROCESSED BY IB |
| Tuesday, April 16, 2019 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, April 16, 2019 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, April 16, 2019 | EXAMINER'S AMENDMENT ENTERED |
| Monday, April 22, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, May 6, 2019 | ASSIGNED TO LIE |
| Wednesday, May 22, 2019 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, May 22, 2019 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, May 22, 2019 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Friday, June 7, 2019 | NOTIFICATION PROCESSED BY IB |
| Tuesday, June 11, 2019 | PUBLISHED FOR OPPOSITION |
| Tuesday, April 16, 2019 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, June 11, 2019 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, July 3, 2019 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, August 27, 2019 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, November 27, 2019 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Thursday, December 19, 2019 | FINAL DISPOSITION NOTICE SENT TO IB |
| Tuesday, August 27, 2024 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, January 10, 2020 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, December 19, 2019 | FINAL DISPOSITION PROCESSED |