| Serial Number | 98354986 |
| Word Mark | FRUTA MIX |
| Filing Date | Friday, January 12, 2024 |
| Status | 645 - FINAL REFUSAL - MAILED |
| Status Date | Thursday, September 19, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Ice cream; Ice cream bars; Ice cream desserts; Parfaits; Sandwiches; Tacos |
| Description of Mark | The mark consists of a yellow and orange pineapple body character that has the green leaves on the head, is wearing sunglasses on his face, smiling with teeth and tongue showing, with white gloved hands, holding a brown and red speckled popsicle in the right hand, and a yellow taco with red onion and cilantro in the left hand. The literal element Fruta Mix is in a stylized red filled bubble font outlined in brown with a thin white outline outside and includes a yellow sombrero on the F which extends above the container. The literal element has an oval container that has a thin black border, followed by a thin white border inside, followed by a thicker green border below, and within the container is a light blue sky, an aqua wave at the bottom, and a yellow sun in the right corner. |
| Goods and Services | Fruit-based food snacks; Ice cream shakes |
| Indication of Colors claimed | The color(s) red, yellow, aqua, brown, orange, and light green, and white is/are claimed as a feature of the mark. |
| Goods and Services | Cafe and snack-bar services; Ice cream parlors; Restaurant services; Fast-food restaurant services |
| Goods and Services | Fruit juice beverages, non-alcoholic |
| 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 | P - NOT AVAILABLE |
| Class Status Date | Friday, August 9, 2024 |
| Primary Code | 029 |
| First Use Anywhere Date | Monday, May 9, 2016 |
| First Use In Commerce Date | Monday, May 9, 2016 |
| 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 | P - NOT AVAILABLE |
| Class Status Date | Friday, August 9, 2024 |
| Primary Code | 030 |
| First Use Anywhere Date | Monday, May 9, 2016 |
| First Use In Commerce Date | Monday, May 9, 2016 |
| 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 | P - NOT AVAILABLE |
| Class Status Date | Friday, August 9, 2024 |
| Primary Code | 032 |
| First Use Anywhere Date | Monday, May 9, 2016 |
| First Use In Commerce Date | Monday, May 9, 2016 |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | P - NOT AVAILABLE |
| Class Status Date | Friday, August 9, 2024 |
| Primary Code | 043 |
| First Use Anywhere Date | Monday, May 9, 2016 |
| First Use In Commerce Date | Monday, May 9, 2016 |
| Party Name | Mendoza Hidalgo, Oriana A |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Ocoee, FL 34761 |
| Party Name | Aguilar, Alexander J |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Ocoee, FL 34761 |
| Event Date | Event Description |
| Sunday, May 5, 2024 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, January 12, 2024 | NEW APPLICATION ENTERED |
| Sunday, May 5, 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, August 8, 2024 | ASSIGNED TO EXAMINER |
| Friday, August 9, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, August 9, 2024 | REMOVED FROM TEAS PLUS |
| Friday, August 9, 2024 | NON-FINAL ACTION E-MAILED |
| Friday, August 9, 2024 | NON-FINAL ACTION WRITTEN |
| Wednesday, August 28, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, August 28, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, August 28, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, September 19, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, September 19, 2024 | FINAL REFUSAL E-MAILED |
| Thursday, September 19, 2024 | FINAL REFUSAL WRITTEN |