| Serial Number | 79349182 |
| Word Mark | EVERMILK |
| Filing Date | Friday, July 8, 2022 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, April 9, 2024 |
| Registration Number | 7349373 |
| Registration Date | Tuesday, April 9, 2024 |
| Mark Drawing | 4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, January 23, 2024 |
| Goods and Services | Confectionery, namely, chocolate-based snack foods, chocolate, chocolate desserts, puddings and sherbets; confectionery containing dairy, namely, milk chocolate bars, dark chocolate bars, white chocolate bars, chocolate truffles, chocolate covered nuts, chocolate covered caramels, chocolate covered pretzels, chocolate covered strawberries, chocolate covered cherries, chocolate covered espresso beans, chocolate covered raisins, chocolate covered almonds, chocolate filled bonbons, chocolate filled croissants, chocolate covered toffee, chocolate covered marshmallows, chocolate covered biscuits, chocolate covered dried fruit, chocolate bark, chocolate covered wafers, cheesecake, pannacotta, tiramisu, creme brulee, rice pudding, flan, chocolate mousse, bread pudding, custard, fruit parfait, eclairs, cannoli, yogurt parfait, chocolate fondue, key lime pie, banana cream pie, buttermilk pie, and chocolate pot de crème; frozen confectionery; ice cream; ice cream bars; frozen confectionery containing ice cream; ice cream desserts; ice cream powder; ice cream products, namely, gelato, soft serve ice cream, frozen custard, frozen confectionery, ice milk, frozen mousse, ice cream sandwiches, ice cream bars, ice cream cones, ice cream floats, sundaes, parfaits, frozen ice cream cake; imitation ice cream; milk chocolate; milk chocolate bars; non-dairy frozen confections; non-dairy ice cream; yoghurt based ice cream with ice cream predominating; frozen yoghurt; yoghurt confectionery, namely, frozen custard, frozen confectionery, frozen mousse, sundaes, parfaits, and frozen yogurt parfait |
| Goods and Services | Cheese; cheese products, namely, cheddar cheese, mozzarella cheese, American cheese, Swiss cheese, parmesan cheese, cream cheese, brie cheese, blue cheese, Gouda cheese, and feta cheese; dairy based beverages and powders for making dairy-based food beverages and shakes; dairy products in powder form, namely, milk powder, skim milk powder, whole milk powder, buttermilk powder, yogurt powder, cheese powder, cream powder, non-fat dry milk powder, and dry buttermilk powder; almond milk; almond milk-based beverages; coconut milk; coconut milk-based beverages; desserts made from milk, except ice cream, namely, milkshakes; desserts made from milk products, except ice cream, namely, milkshakes; dried milk powder; flavoured milk powder for making drinks; foods made from milk products, namely, cheese and yoghurt; milk; milk beverages, milk predominating; milk drinks, namely, milkshakes, non-alcoholic eggnog, kefir, malted milk beverages for non-medical purposes, buttermilk and sweetened condensed milk; milk products excluding ice cream, ice milk and frozen yogurt; non-dairy milk substitutes; plant-based milk substitutes; non-alcoholic milk beverages, milk predominating; non-dairy butter; non-dairy cream; non-dairy cheese; nut milk; oat milk; peanut milk; milk powder, other than for babies; powdered milk, other than for babies; protein milk; rice milk; soya milk; desserts made from yoghurt, except frozen yoghurt, namely, yogurt, fruit-flavored yogurt, yogurt parfait, drinkable yogurt, low-fat yogurt, whole milk yogurt, organic yogurt, skyr being Icelandic yogurt, probiotic yogurt, kefir, yogurt tubes, yogurt with honey, yogurt with granola, yogurt with nuts, yogurt with berries, yogurt with muesli, yogurt with chia seeds and yogurt-based beverages; non-dairy yoghurt; yoghurt |
| Goods and Services | Baby food; dietary supplements; dietary supplements for infants; medicated supplements for foodstuffs for babies; herbal dietary supplements; infant formula; lactose free infant's formula; milk ferments for pharmaceutical purposes; mineral dietary supplements for humans; dietary food supplements; food supplements, namely, dietary supplements; nutritional meal replacement drinks, beverages, shakes, snacks and bars for medical use; nutritional meal replacement powders for medical use; dietary nutritional supplements; nutritional supplements consisting primarily of milk calcium concentrate; nutritional supplement in the nature of a nutrient-dense, protein-based drink mix; nutritional supplements; nutritional supplement energy bars; nutritional supplement protein bars; plant extracts for use as dietary supplements; dietary protein supplements; protein dietary supplements; protein supplements for humans; powdered milk foods for infants; dried milk powder being food for babies; milk powder for babies; powdered milk for babies; powdered whey protein dietary supplements; powdered whey protein nutritional supplements; vitamin preparations in the nature of food supplements; vitamin supplements; vitamin supplements for foodstuffs for human consumption; whey protein concentrates being dietary supplements; whey protein concentrates being nutritional supplements; whey protein isolates being dietary supplements; whey protein isolates being nutritional supplements; mineral preparations for medical use as nutritional additives to foodstuffs for humans |
| Pseudo Mark | EVER MILK |
| Goods and Services | Biological preparations for use in industry and science; biological preparations for use in biotechnology, namely, yeast, bacteria and fungi recombinantly producing milk proteins and combinations thereof comprised from alpha, beta and kappa caseines, alpha lactalbumin and beta lactoglobulin, other than medical use; biological preparations for use in cell cultures, other than medical use; biological preparations for use in food manufacture, namely, yeast, bacteria and fungi recombinantly producing milk proteins and combinations thereof comprised from alpha, beta and kappa caseines, alpha lactalbumin and beta lactoglobulin; casein for the food industry; lactic cultures, namely, lactic acid and lactic acid bacteria, for the food industry; milk ferments, namely, bacteria preparations, used in making foodstuffs; probiotic bacterial formulations, other than for medical use, for use in the manufacture of foodstuffs; food protein as a raw material, for the food industry; protein for use in the manufacture of foodstuffs; proteins for use in the manufacture of food supplements; vitamins for use in the manufacture of food supplements; whey proteins for use in the food industry; whey protein for use in the manufacture of food supplements |
| Goods and Services | Electrolyte replacement beverages for general and sports purposes; energy drinks; isotonic drinks, not for medical purposes; protein-enriched sports beverages; non-alcoholic protein beverages, namely smoothies; sports drinks, non-medicated |
| International Class | 001 - Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. |
| US Class Codes | 001, 005, 006, 010, 026, 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, September 14, 2022 |
| Primary Code | 001 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Wednesday, September 14, 2022 |
| 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 | Wednesday, September 14, 2022 |
| 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 | Wednesday, September 14, 2022 |
| 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 | Wednesday, September 14, 2022 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Eden Brew Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | AU |
| Party Name | Eden Brew Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | AU |
| Party Name | Eden Brew Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | AU |
| Event Date | Event Description |
| Tuesday, April 9, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, April 9, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Monday, March 4, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Wednesday, February 14, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, February 14, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Tuesday, January 23, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, January 23, 2024 | PUBLISHED FOR OPPOSITION |
| Monday, January 22, 2024 | NOTIFICATION PROCESSED BY IB |
| Wednesday, January 3, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, January 3, 2024 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, January 3, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, December 14, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, December 11, 2023 | EXAMINER'S AMENDMENT ENTERED |
| Monday, December 11, 2023 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, December 11, 2023 | EXAMINERS AMENDMENT E-MAILED |
| Monday, December 11, 2023 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, December 7, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, December 7, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, December 7, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, December 5, 2023 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, December 5, 2023 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Tuesday, December 5, 2023 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, December 5, 2023 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, December 5, 2023 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Tuesday, December 5, 2023 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Tuesday, July 4, 2023 | REFUSAL PROCESSED BY IB |
| Thursday, June 8, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, June 8, 2023 | REFUSAL PROCESSED BY MPU |
| Tuesday, April 25, 2023 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, April 24, 2023 | NON-FINAL ACTION WRITTEN |
| Monday, April 24, 2023 | ASSIGNED TO EXAMINER |
| Tuesday, September 20, 2022 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, September 14, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, September 12, 2022 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| Thursday, September 8, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |