| Serial Number | 85333131 |
| Word Mark | FOODTOPIA FOOD THAT'S FUN BY MARCO |
| Filing Date | Saturday, May 28, 2011 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, July 23, 2012 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 25, 2011 |
| Indication of Colors claimed | The color(s) pink, yellow, light blue, orange, light green, black is/are claimed as a feature of the mark. |
| Description of Mark | The mark consists of a green eyed orange donut outlined in black with pink frosting and light blue sprinkles standing inside a black outlined yellow circle. The words "BY" in black and "MARCO" in black written as a signature appears beneath the donut. A band of pink with yellow polka dots rings the black outlined yellow circle in which light blue text reads "FOODTOPIA FOOD THAT'S FUN". |
| Goods and Services | Banana chips; Candied fruit snacks; Canned beans; Canned processed olives; Canned tomatoes; Canned vegetables; Canned, cooked or otherwise processed tomatoes; Chocolate nut butter; Coffee-coated nuts; Cut fruits; Cut vegetables; Dehydrated fruit snacks; Dried dates; Dried figs; Dried fruit mixes; Dried fruit-based snacks; Dried fruits; Dried vegetables; Dried vegetables in powder form; Edible shavings of dried kelp (tororo-kombu); Fig and date roll consisting of dried fruits, nuts, and spices; Fruit jellies; Jams; Jams and marmalades; Jellies; Jellies and jams; Jellies for food; Jellies, jams; Marmalades and jams; Meat jellies; Nut and seed-based snack bars; Nut butters; Nut-based snack foods; Nut-based snack foods, namely, nut clusters; Nut-based snack foods, namely, nut crisps; Olive oil; Olive oils; Olive pastes; Organic nut and seed-based snack bars; Peanut butter; Peanut butter toppings; Peanut paste; Peanut spread; Potato sticks; Potato-based gnocchi; Potato-based snack foods; Processed olive puree; Processed olives; Processed olives with peppercorns; Processed peanuts; Processed stuffed olives; Protein based, nutrient-dense snack bars; Protein based, nutrient-dense snack foods; Sliced fruits; Snack dips; Snack food dips; Snack mix consisting of dehydrated fruit and processed nuts; Snack mix consisting of primarily of processed nuts, seeds, dried fruit and also including chocolate; Snack mix consisting of wasabi peas, processed nuts, dehydrated fruit and/or raisins; Snack mix consisting primarily of dehydrated fruits, processed nuts and also including sesame sticks; Snack mix consisting primarily of processed fruits, processed nuts and/or raisins; Snack mix consisting primarily of processed nuts and salted squash seeds and also including toasted corn; Soy chips; Soy-based snack foods; Tinned olives; Tofu-based snacks; Trail mix consisting primarily of processed nuts, seeds, dried fruit and also including chocolate; Vegetable chips; Vegetable-based snack foods; Yucca chips |
| Goods and Services | Artichoke sauce; Artificial coffee and tea; Bagel chips; Barbecue sauce; Barbecue sauce; Beverages made of coffee; Beverages made of tea; Beverages with a coffee base; Beverages with a tea base; Black tea; Butterscotch chips; Cereal based snack food; Cereal-based snack foods; Chai tea; Cheese flavored puffed corn snacks; Cheese flavored snacks, namely, cheese curls; Cheese flavored snacks, namely, puffed cheese balls; Cheese sauce; Cheese-flavored corn snacks; Chili oil for use as a seasoning or condiment; Chili sauce; Chimichurri sauce; Chocolate; Chocolate and chocolates; Chocolate bark containing ground coffee beans; Chocolate bars; Chocolate candies; Chocolate chips; Chocolate confections; Chocolate covered cocoa nibs; Chocolate covered cookies; Chocolate covered nuts; Chocolate covered popcorn; Chocolate covered pretzels; Chocolate covered raisins; Chocolate covered roasted coffee beans; Chocolate for toppings; Chocolate pastes; Chocolate powder; Chocolate sauce; Chocolate syrup; Chocolate topped pretzels; Chocolate topping; Chocolate truffles; Chocolate-based ready-to-eat food bars; Chocolate-covered potato chips; Chocolates and chocolate based ready to eat candies and snacks; Chocolates containing nutrients; Chutneys; Cocoa-based condiments and seasonings for food and drink; Coffee; Coffee; Coffee and artificial coffee; Coffee and tea; Coffee based beverages; Coffee beans; Coffee essences; Coffee extracts; Coffee-based beverages; Condiment, namely, pepper sauce; Confectioneries, namely, snack foods, namely, chocolate; Confectionery chips for baking; Corn chips; Corn-based snack foods; Crackers; Curry sauce; Dipping sauces; Dried herbs; Dried pasta; Extruded corn snacks; Extruded wheat snacks; Filled chocolate; Flour-based chips; Food condiment consisting primarily of ketchup and salsa; Fresh pasta; Fruit teas; Ginseng tea; Grain-based chips; Grain-based snack foods; Granola snacks; Granola-based snack bars; Green tea; Herb tea; Herbal tea; Hot chili pepper sauce; Hot chocolate; Hot sauce; Iced tea; Japanese green tea; Ketchup; Lime tea; Multigrain-based snack foods; Mustard; Oolong tea; Pasta; Pasta and noodles; Pasta for soups; Pasta sauce; Pasta shells; Peanut brittle; Peanut butter confectionery chips; Pellet-shaped rice crackers (arare); Pesto sauce; Pickled ginger; Pita chips; Prepared horseradish; Processed cereal-based food to be used as a breakfast food, snack food or ingredient for making other foods; Puffed corn snacks; Rice-based snack foods; Roasted coffee beans; Sage tea; Sauces; Sea salt for cooking; Snack cakes; Snack foods, namely, chocolate-based snack foods; Spaghetti sauce; Table salt; Taco chips; Tea; Tea extracts; Tea for infusions; Tea of parched powder of barley with husk (mugi-cha); Tea of salty kelp powder (kombu-cha); Tea-based beverages; Tea-based beverages with fruit flavoring; Tomato sauce; Tortilla chips; Unpopped popcorn; Worcestershire sauce |
| Pseudo Mark | FOOD UTOPIA FOOD THAT IS FUN BY MARCO |
| 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, June 2, 2011 |
| 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, June 2, 2011 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | NOT AVAILABLE |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 01 - Individual |
| Address | New York, NY 10169 |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | New York, NY 10169 |
| Event Date | Event Description |
| Monday, July 23, 2012 | ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED |
| Monday, July 23, 2012 | ABANDONMENT - NO USE STATEMENT FILED |
| Tuesday, December 20, 2011 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, October 25, 2011 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, October 25, 2011 | PUBLISHED FOR OPPOSITION |
| Friday, September 16, 2011 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, September 16, 2011 | ASSIGNED TO LIE |
| Wednesday, August 31, 2011 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, August 31, 2011 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, August 31, 2011 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, August 31, 2011 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, August 31, 2011 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, August 30, 2011 | ASSIGNED TO EXAMINER |
| Friday, June 3, 2011 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Thursday, June 2, 2011 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Wednesday, June 1, 2011 | NEW APPLICATION ENTERED IN TRAM |