| Serial Number | 79238303 |
| Word Mark | FLAT OUT |
| Filing Date | Wednesday, April 25, 2018 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, September 12, 2025 |
| Registration Number | 5682807 |
| Registration Date | Tuesday, February 26, 2019 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 11, 2018 |
| Goods and Services | Coffee; Coffee mixtures also known as mixtures of coffee and chicory; Coffee extracts; Flavoured coffee; Coffee beans; Ground coffee; Decaffeinated coffee; Coffee capsules containing coffee for brewing; Coffee drinks; Coffee beverages; Prepared coffee and coffee-based beverages; Coffee based drinks; Coffee-based beverages |
| Description of Mark | The mark consists of a helmeted man holding a white and light cyan cup emitting soft cyan smoke in a full suit where the helmet appears in light orange, vivid red, and strong red with a moderate cyan, dark magenta and very dark magenta visor, where the gloves and boots contain the colors light orange, vivid red, and strong red and the suit comprising the colors soft cyan, moderate cyan, and dark cyan , all outlined in the color very dark magenta; to the right the text 'FLAT OUT' appears in the color very dark magenta. |
| Indication of Colors claimed | The color(s) white, light orange, vivid red, strong red, soft cyan, moderate cyan, dark cyan, dark magenta, and very dark magenta is/are claimed as a feature of the mark. |
| Goods and Services | Coconut water; Coconut water as a beverage; Energy drinks containing caffeine; Carbonated non-alcoholic drinks; Coconut-based beverages not being milk substitutes; Energy drinks; Non-alcoholic flavoured carbonated beverages |
| 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, September 12, 2025 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, September 12, 2025 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | LEAN DEAN LIMITED T/A FLAT OUT BEVERAGE |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | Athlone, Co. Westmeath IE |
| Party Name | LEAN DEAN LIMITED T/A FLAT OUT BEVERAGE |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | Athlone, Co. Westmeath IE |
| Party Name | LEAN DEAN LIMITED T/A FLAT OUT BEVERAGE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | Athlone, Co. Westmeath IE |
| Event Date | Event Description |
| Thursday, August 9, 2018 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, August 13, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, August 15, 2018 | ASSIGNED TO EXAMINER |
| Thursday, August 16, 2018 | NON-FINAL ACTION WRITTEN |
| Friday, August 17, 2018 | APPLICATION FILING RECEIPT MAILED |
| Friday, August 17, 2018 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, August 21, 2018 | NON-FINAL ACTION WRITTEN |
| Wednesday, August 22, 2018 | NON-FINAL ACTION MAILED |
| Wednesday, August 22, 2018 | NON-FINAL ACTION (IB REFUSAL) WITHDRAWN FOR REVIEW |
| Thursday, August 23, 2018 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, September 6, 2018 | REFUSAL PROCESSED BY MPU |
| Thursday, September 6, 2018 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, September 21, 2018 | REFUSAL PROCESSED BY IB |
| Wednesday, October 17, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, August 22, 2018 | NON-FINAL ACTION WRITTEN |
| Friday, October 19, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, November 2, 2018 | ASSIGNED TO LIE |
| Wednesday, November 21, 2018 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, November 21, 2018 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Saturday, December 8, 2018 | NOTIFICATION PROCESSED BY IB |
| Tuesday, December 11, 2018 | PUBLISHED FOR OPPOSITION |
| Tuesday, December 11, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 26, 2019 | REGISTERED-PRINCIPAL REGISTER |
| Sunday, May 26, 2019 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Thursday, June 20, 2019 | GENERIC MADRID TRANSACTION SENT TO IB |
| Friday, August 16, 2019 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Monday, February 26, 2024 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, September 12, 2025 | CANCELLED SECTION 71 |
| Saturday, January 20, 2024 | NEW REPRESENTATIVE AT IB RECEIVED |
| Wednesday, October 17, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, October 17, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, November 21, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, June 20, 2019 | GENERIC MADRID TRANSACTION CREATED |