| Serial Number | 79334960 |
| Word Mark | FRA DIAVOLO EAT PIZZA, MAKE LOVE |
| Filing Date | Wednesday, October 20, 2021 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Wednesday, February 15, 2023 |
| 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 | NOT AVAILABLE |
| Goods and Services | Vinegar; sea water for cooking; gluten additives for culinary purposes; weeds as condiments; oat-based snack food; farinaceous foods; wheat starch; starch for food; seasonings; flavorings in the nature of coffee flavorings; food flavorings, other than essential oils; flavourings, other than essential oils, for beverages; pizza bases; cocoa-based beverages; coffee based drinks; drinking chocolate; tea-based beverages; biscuits; salted biscuits; candy; buns; puddings; cocoa; coffee; waffles; aromatic preparations for food; condiments; confectionery; pastry, namely, macaroons; pizza crust; mini bread croutons; cakes; preserved garden herbs as seasonings; bean meal; wheat flour; maize flour; nut flours; barley meal; mustard meal; soya flour; tapioca flour; flour; food starch; potato flour; ferments for pastes; pies; edible ices; icing, namely, cake frosting; gluten prepared as foodstuff; dough; infusions, not medicinal; starch-based binding agents for ice cream; yeast; dessert mousses for cakes; bread; rusks; unleavened bread; breadcrumbs; baps in the nature of bread rolls; almond paste; condiments, namely, soya bean paste; pastry dough; cake batter; farinaceous food pastes for human consumption; pastry; pizza; baking powder for baking cake; powders for making ice cream; vegetal preparations for use as coffee substitutes; rice; sago; cooking salt; tomato sauce; condiments, namely, sauces; peppers [seasoning]; spices; artificial coffee; tapioca; tea; tarts; sugar |
| Description of Mark | The trademark consists of the words FRA DIAVOLO EAT PIZZA, MAKE LOVE, where the expressions FRA DIAVOLO and EAT PIZZA, MAKE LOVE- the first in larger dimensions than the second - are reproduced in capital letters in dark red colour (Pantone 7623 C), both arched following the top and bottom curves of a circle with the border in dark red colour (Pantone 7623 C); in the middle, original representation of a specially stylized letter F, with pointy horizontal ends and also a pointy appendix joined to its vertical body, in dark red colour (Pantone 7623 C) and light brown shading (Pantone 156 C), as per the attached graphic reproduction. |
| Goods and Services | Anchovy, not live; salted meats; peanuts, prepared, namely, processed peanuts; foods preserved in salt; spiny lobsters, not live; herrings, not live; bacon; beverages based on milk products; bresaola, namely, salted and cured beef; stock; soups; fruit peel; butter; game, not live; meat; frozen meat; preserved meat; dried meat; caviar; foods made from fish; fruit, stewed; broth concentrates; soup concentrates; tomato purée; shellfish, not live; jams; canned fish; mussels, not live; croquettes; crustaceans, not live; meat extracts; fish meal for human consumption; fish fillets; potato flakes; cheese products; frozen fruits; preserved fruits; fruit preserved in alcohol; cooked fruit; mushrooms, preserved; crayfish, not live; gelatine; meat jellies; unflavored and unsweetened gelatins; fruit jellies; edible fats; lard for food; milk; vegetables, preserved; vegetables, cooked; processed dried pulses; vegetable conserves; margarine; marmalade; fatty substances for the manufacture of edible fats; fat-containing mixtures for bread slices; fish mousses; edible oils; sesame oil for food; soya bean oil for food; olive oil for food; edible olive oil; olives, preserved; whipped cream; meat paste; pressed fruit paste; pre-packaged meals consisting predominantly of seafood; pectin for culinary purposes; smoked fish; fish, tinned; fish, preserved; salted fish; pickled fish; marinated fish; preparations for making stocks, namely, bouillon; preparations for making soup; milk products, namely, curdled milk, sour milk, powdered milk, condensed milk, fermented milk, milk curds and cultured milk; cured sausages; ham; sardines, not live; sunflower seeds, prepared; meat substitutes; cheese substitutes; vegetable juices for cooking; tomato juice for cooking; tofu; eggs; fish roe, prepared; clams, not live |
| Indication of Colors claimed | The color(s) dark red (pantone 7623 c) and light brown (pantone 156 c) is/are claimed as a feature of the mark. |
| Goods and Services | Hotel services, making hotel reservations for others, hotel restaurant services, hotel accommodation services, restaurant services provided by hotels and providing temporary housing accommodations; food sculpting; bar services; cafeterias; catering for the provision of food and beverages; canteen services; restaurant services; self-service restaurants; snack-bar services; rental of rooms for social functions in the nature of ceremonies, conferences and colloquiums; catering of food and drinks for parties; providing food and drink; providing of food and drink for guests; mobile café services for providing food and drink; delicatessen services [restaurants]; pizza parlors; preparation of food and drinks being beverages; restaurants featuring home delivery |
| 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 | Friday, March 4, 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 | Friday, March 4, 2022 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, March 4, 2022 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | FRA DIAVOLO S.r.l. SB |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | IT |
| Party Name | Kappagroup S.r.l. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | IT |
| Event Date | Event Description |
| Monday, March 4, 2024 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, February 15, 2024 | FINAL DISPOSITION NOTICE SENT TO IB |
| Thursday, February 15, 2024 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Sunday, August 27, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Wednesday, August 9, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, August 9, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, February 15, 2023 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Wednesday, February 15, 2023 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Wednesday, February 15, 2023 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Monday, December 19, 2022 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, August 23, 2022 | REFUSAL PROCESSED BY IB |
| Wednesday, August 3, 2022 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, August 3, 2022 | REFUSAL PROCESSED BY MPU |
| Tuesday, August 2, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, August 1, 2022 | NON-FINAL ACTION WRITTEN |
| Wednesday, July 27, 2022 | ASSIGNED TO EXAMINER |
| Friday, April 8, 2022 | CHANGE OF OWNER RECEIVED FROM IB |
| Tuesday, March 8, 2022 | APPLICATION FILING RECEIPT MAILED |
| Friday, March 4, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, March 3, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |