| Serial Number | 78498998 |
| Word Mark | FRESH BEGINS WITH PREMIUM SELECT FRESH ITALIAN INGREDIENTS PRODOTTO D'ITALIA LUCINI ITALIA PRODOTTO D'ITALIA WITH LUCINI PREMIUM SELECT EXTRA VIRGIN OLIVE OIL |
| Filing Date | Wednesday, October 13, 2004 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, March 7, 2014 |
| Registration Number | 3271502 |
| Registration Date | Tuesday, July 31, 2007 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, May 15, 2007 |
| Disclaimer with Predetermined Text | "FRESH, PRODOTTO D'ITALIA, EXTRA VIRGIN OLIVE OIL and ITALIA" |
| Description of Mark | The mark consists of the overall trade dress of the front of the applicant's pasta sauce labels. The trade dress includes a circular crest-like logo in the upper left hand corner of the front of the label. Approximately the bottom quarter of this circular logo appears placed on top of the label, while the top three-quarters appears by itself above the rest of the label. This logo features a plain circle within a more decorative, flower-like circle. The inner circle contains the word FRESH prominently in the center, which is surrounded by the words "Begins with Premium Select Fresh Italian Ingredients", which words follow the perimeter of and appear inside the inner circle. The trade dress also includes a distinctive leaf and flower pattern appearing as the background of the whole label. The trade dress also includes a long rectangular box in the lower left hand corner of the label. The box is characterized by an outline showing a box within another box. The box contains the wording "with LUCINI PREMIUM SELECT EXTRA VIRGIN OLIVE OIL". The trade dress also includes a circular logo in the bottom right hand corner of the front of the label. This circular logo contains the mark LUCINI prominently in the center. The word LUCINI appears in a slightly rounded line where the center of the word is higher than the beginning and the end. Under the mark LUCINI is the word ITALIA in a straight line in smaller letters. Following along the top half of the circle and inside the circle is the phrase "PRODOTTO D'ITALIA". Following along the bottom half of the circle and upside-down inside the circle is the phrase "PRODOTTO D'ITALIA". The trade dress is shown as it appears, on a jar. The shape of the jar itself is not claimed as an element of the mark, but the placement of the trade dress elements on the jar is claimed as an element of the trade dress. |
| Goods and Services | Pasta sauce |
| Section 2(f) Limitation Statement | PREMIUM SELECT |
| Translation of Words in Mark | "The foreign wording in the mark translates into English as "PRODUCT OF ITALY", "ITALY", AND "MORE THAN ONE THING PROVIDING LITTLE, SMALL LIGHTS"." |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, March 7, 2014 |
| Primary Code | 030 |
| First Use Anywhere Date | Wednesday, May 19, 2004 |
| First Use In Commerce Date | Monday, June 14, 2004 |
| Party Name | Lucini Italia Company |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Miami, FL 33131 |
| Party Name | Lucini Italia Company |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Miami, FL 33133 |
| Party Name | Lucini Italia Company |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Miami, FL 33133 |
| Event Date | Event Description |
| Friday, March 7, 2014 | CANCELLED SEC. 8 (6-YR) |
| Wednesday, March 14, 2012 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| Thursday, April 29, 2010 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, April 29, 2010 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Tuesday, July 31, 2007 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, May 15, 2007 | PUBLISHED FOR OPPOSITION |
| Wednesday, April 25, 2007 | NOTICE OF PUBLICATION |
| Wednesday, March 21, 2007 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, March 21, 2007 | ASSIGNED TO LIE |
| Monday, February 26, 2007 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Saturday, February 24, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, February 23, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, February 23, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, August 29, 2006 | NON-FINAL ACTION E-MAILED |
| Tuesday, August 29, 2006 | NON-FINAL ACTION WRITTEN |
| Wednesday, July 5, 2006 | PAPER RECEIVED |
| Thursday, June 29, 2006 | EX PARTE APPEAL-INSTITUTED |
| Thursday, June 29, 2006 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Thursday, June 29, 2006 | EXPARTE APPEAL RECEIVED AT TTAB |
| Thursday, December 29, 2005 | FINAL REFUSAL E-MAILED |
| Thursday, December 29, 2005 | FINAL REFUSAL WRITTEN |
| Monday, December 5, 2005 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, November 23, 2005 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, November 23, 2005 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, May 24, 2005 | NON-FINAL ACTION E-MAILED |
| Tuesday, May 24, 2005 | NON-FINAL ACTION WRITTEN |
| Monday, May 16, 2005 | ASSIGNED TO EXAMINER |
| Wednesday, October 20, 2004 | NEW APPLICATION ENTERED IN TRAM |