| Serial Number | 79285393 |
| Word Mark | FRA DIAVOLO PIZZA & CUCINA F |
| Filing Date | Wednesday, February 12, 2020 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, May 4, 2021 |
| Registration Number | 6337329 |
| Registration Date | Tuesday, May 4, 2021 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 16, 2021 |
| Goods and Services | Vinegar; sea water for cooking; gluten additives for culinary purposes; weeds as condiments, namely, processed herbs; oat-based snack food; farinaceous foods, namely, pasta and noodles; wheat starch flour; starch for food; spices; flavorings in the nature of coffee flavorings, namely, flavorings for coffee beverages, other than essential oils; food flavorings, other than essential oils; flavourings, other than essential oils, for beverages; pizza bases, namely, pizza crust; cocoa-based beverages; coffee based drinks; drinking chocolate, namely, hot chocolate; tea-based beverages; sponge cake; salted biscuits; candy; buns; puddings; cocoa; coffee; waffles; aromatic preparations for food, namely, food seasonings; condiments, namely, savory sauces used as condiments, chili oils being condiments, chili pepper pastes being condiments, mustard, ketchup, relish and mayonnaise; pastry, namely, macaroons; mini bread croutons; 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, namely, fermented hot pepper paste; pies; edible ices; icing, namely, cake frosting; gluten prepared as foodstuff, namely, maize gluten and corn gluten all for human consumption; dough; infusions, not medicinal, namely, herbal infusions; 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; condiment, namely, soya bean paste; farinaceous food pastes for human consumption; 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; dried chili peppers for use as seasoning; artificial coffee; tapioca; tea; tarts; sugar |
| Description of Mark | The mark consists of two concentric circles with the inner circle containing the letter "F" in a stylized font making up the right side of a stylized chef's hat and a stylized fork with an elongated handle is attached to the left bottom of the chef's hat and the outer circle has a circular border and contains the words "FRA DIAVOLO PIZZA & CUCINA" in a stylized font with the words "FRA DIAVOLO" following the top curve of the circle and the words "PIZZA & CUCINA" following the bottom curve of the circle. |
| Goods and Services | Anchovy, not live; salted meats; peanuts, prepared, namely, processed peanuts; spiny lobsters, not live; herrings, not live; bacon; beverages based on milk products, namely, beverages having a milk base; bresaola, namely, salted and cured beef; stock; soups; fruit peel; butter; game; meat; frozen meat; preserved meat; dried meat; caviar; foods made from fish, namely, fish sausages, fish mousse, fish croquettes, fish cakes and fish burger patties; fruit, stewed; broth concentrates; soup concentrates; tomato purée; shellfish, not live; jams; canned fish; mussels, not live; chicken croquettes; crustaceans, not live; meat extracts; fish meal for human consumption; fish fillets; potato flakes; cheese products, namely, cheese powder, cheese spreads and cheese food; frozen fruits; preserved fruits; fruit preserved in alcohol; mushrooms, preserved; crayfish, not live; meat jellies; unflavored and unsweetened gelatins; fruit jellies; edible fats; lard for food; milk; vegetable preserves; vegetables, cooked; processed dried pulses; margarine; marmalade; fatty substances for the manufacture of edible fats, namely, coconut fat and animal fats for food; fat-containing mixtures for bread slices, namely, nut-based spreads and dairy-based spreads; fish mousses; edible oils; sesame oil for food; soya bean oil for food; olive oil for food; olives, preserved; whipped cream; meat paste; pressed fruit paste; pre-packaged meals consisting predominantly of seafood; pectin for culinary purposes; smoked fish; fish, preserved; salted fish; pickled 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; 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 |
| Pseudo Mark | FRA DIAVOLO PIZZA AND CUCINA F |
| Indication of Colors claimed | Color is not 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 |
| Disclaimer with Predetermined Text | "FRA DIAVOLO" AND "PIZZA & CUCINA" |
| 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, May 15, 2020 |
| 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, May 15, 2020 |
| 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, May 15, 2020 |
| 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 | 31 - New Owner After Registration |
| Legal Entity Type | 99 - Other |
| Address | IT |
| Party Name | KAPPAGROUP S.r.l. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | IT |
| Party Name | KAPPAGROUP S.r.l. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | IT |
| Party Name | KAPPAGROUP S.r.l. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | IT |
| Event Date | Event Description |
| Monday, December 19, 2022 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, April 8, 2022 | CHANGE OF OWNER RECEIVED FROM IB |
| Monday, November 15, 2021 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, November 5, 2021 | USPTO CORRECTION PROCESSED BY IB |
| Sunday, September 5, 2021 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Tuesday, August 17, 2021 | FINAL DISPOSITION NOTICE SENT TO IB |
| Tuesday, August 17, 2021 | FINAL DISPOSITION PROCESSED |
| Wednesday, August 4, 2021 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, May 4, 2021 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, February 16, 2021 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 16, 2021 | PUBLISHED FOR OPPOSITION |
| Wednesday, January 27, 2021 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, January 14, 2021 | ASSIGNED TO LIE |
| Wednesday, January 13, 2021 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, January 13, 2021 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, January 13, 2021 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, January 13, 2021 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, January 13, 2021 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, January 12, 2021 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, January 11, 2021 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, January 11, 2021 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, July 24, 2020 | REFUSAL PROCESSED BY IB |
| Thursday, July 9, 2020 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, July 9, 2020 | REFUSAL PROCESSED BY MPU |
| Saturday, June 6, 2020 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, June 5, 2020 | NON-FINAL ACTION WRITTEN |
| Tuesday, May 19, 2020 | APPLICATION FILING RECEIPT MAILED |
| Friday, May 15, 2020 | ASSIGNED TO EXAMINER |
| Friday, May 15, 2020 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, May 14, 2020 | SN ASSIGNED FOR SECT 66A APPL FROM IB |