| Serial Number | 79184373 |
| Word Mark | FELICITA CIOCCOLATO GELATO TRAMONTO AL LAMPONE |
| Filing Date | Friday, September 4, 2015 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, March 3, 2023 |
| Registration Number | 5024723 |
| Registration Date | Tuesday, August 23, 2016 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, June 7, 2016 |
| Goods and Services | Chocolate; chocolate candies with raspberry ice cream flavor; mentholated filled chocolate candies for non-medical purposes |
| Description of Mark | The mark consists of the product packaging trade dress for the presentation of a chocolate bar with the stylized wording "FELICITA CIOCCOLATO GELATO TRAMONTO AL LAMPONE" on the product packaging. The term "FELICITA" is located on the left side of the product packaging and appears in the color brown with a beige outline and has a dot in the first letter "I" that appears in the red with a beige outline, and an accent above the letter "A" that appears in the color green with a beige outline. The brown colored wording "CIOCCOLATO" appears beneath the term "FELICITA". The term "GELATO" is colored beige with a brown outline and appears in the middle of the product packaging above the dark pink colored wording "TRAMONTO AL LAMPONE". Behind the term "GELATO" appears the depiction of a curved beige line with beige flecks. To the left of the term "GELATO" appears the pictorial representation of a brown colored chocolate shaving located atop a scoop of pink colored gelato which is located behind a piece of brown chocolate having a pink center and topped with a dark pink raspberry with light green leaves. The background of the product packaging is white with red curved rectangular panels on each end that extend from the top to the bottom of the packaging. The dotted outline of the product packaging is not part of the mark and serves only to show the position or placement of the mark. |
| Indication of Colors claimed | The color(s) dark pink, pink, brown, green, white, beige and red is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of the term "FELICITA" is "HAPPINESS". The English translation of the term "CIOCCOLATO" is "CHOCOLATE". The English translation of the term "GELATO" is "ICE CREAM". The English translation of the wording "TRAMONTO AL LAMPONE" is "SUNSET AT RASPBERRY". |
| Disclaimer with Predetermined Text | THE DESIGN OF THE CHOCOLATE PIECES, RASPBERRY, AND ICE CREAM AS WELL AS THE WORDING "CIOCCOLATO" AND "GELATO" |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, March 3, 2023 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Closed Joint-Stock Company "Fabrika "Russkiy shokolad" |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | RU |
| Party Name | Closed Joint-Stock Company "Fabrika "Russkiy shokolad" |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | RU |
| Party Name | Closed Joint-Stock Company "Fabrika "Russkiy shokolad" |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | RU |
| Event Date | Event Description |
| Tuesday, November 7, 2023 | GENERIC MADRID TRANSACTION SENT TO IB |
| Tuesday, November 7, 2023 | GENERIC MADRID TRANSACTION CREATED |
| Friday, November 3, 2023 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, March 3, 2023 | CANCELLED SECTION 71 |
| Saturday, September 18, 2021 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, May 21, 2021 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, February 17, 2017 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, December 30, 2016 | GENERIC MADRID TRANSACTION SENT TO IB |
| Friday, December 30, 2016 | GENERIC MADRID TRANSACTION CREATED |
| Wednesday, November 23, 2016 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, August 23, 2016 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, July 28, 2016 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Tuesday, June 7, 2016 | PUBLISHED FOR OPPOSITION |
| Wednesday, June 1, 2016 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, June 1, 2016 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, May 18, 2016 | NOTICE OF PUBLICATION |
| Saturday, May 14, 2016 | REFUSAL PROCESSED BY IB |
| Wednesday, May 4, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, April 13, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, April 13, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, April 13, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, March 22, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, March 22, 2016 | REFUSAL PROCESSED BY MPU |
| Tuesday, March 22, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, March 21, 2016 | NON-FINAL ACTION WRITTEN |
| Friday, March 18, 2016 | APPLICATION FILING RECEIPT MAILED |
| Monday, March 14, 2016 | ASSIGNED TO EXAMINER |
| Monday, March 14, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, March 10, 2016 | SN ASSIGNED FOR SECT 66A APPL FROM IB |