| Serial Number | 79208905 |
| Word Mark | GAMMEL OPLAND AQUAVIT SIDEN 1891 DESTILLERT, MODNET OG TAPPET I NORGE NORSK FATMODNET AQUAVIT OPLANDSKE SPRITFABRIK FUSELFRI DOBBELT DESTILLERT LIVERPOOL 1886 PARIS 1888 STOCKHOLM 1897 BERGEN 1898 |
| Filing Date | Thursday, December 22, 2016 |
| Status | 404 - IR CANCELLED - US REGISTRATION CANCELLED |
| Status Date | Tuesday, August 14, 2018 |
| Registration Number | 5466679 |
| Registration Date | Tuesday, May 15, 2018 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 27, 2018 |
| Indication of Colors claimed | The color(s) tan, yellow, black, red, white, gold is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "SPRITFABRIK", "LIVERPOOL 1886 PARIS 1888 STOCKHOLM 1897 BERGEN 1898", "FUSELFRI DOBBELT DESTILLERT", "SIDEN 1891", "AQUAVIT", "DESTILLERT, MODNET OG TAPPET I NORGE", "NORSK FATMODNET AQUAVIT" AND "BELGIQUE" |
| Description of Mark | The mark consists of the stylized wording "GAMMEL OPLAND" appearing in white with a black and tan outline, appearing on a predominantly blank banner that also has two horizontal strips of gold at the top and bottom. Immediately below this wording is the stylized wording "SIDEN 1891" appearing in black, on a six-sided dark golden polygon that is double-outlined in tan. The foregoing appears over top of a red shaded circle that the black label cuts it in half. The wording "FUSELFRI DOBBELT DESTILLERT" appears in white at the top of the red circle. There is a golden circle that appears outside of the red circle, and includes the wording "LIVERPOOL 1886 PARIS 1888 STOCKHOLM 1897 BERGEN 1898" in light tan. The semi-circle that this wording appears on has a thin light tan border above and below it. Nine gold coins appear above this wording. All of the coins have a variety of designs and indiscernible wording in yellow. The coin second in from the left and second in from the right has a crown. The coin third from the left and third in from the right includes a woman below several branches. The center coin has the wording "LEOPLE" and "BELGIQUE" above the bust of a man's head, which is above a garland design. Above the top set of coins is the stylized wording "OPLANDSKE SPRITFABRIK" appearing in brown. Below the black central label is the wording "AQUAVIT" in black, appearing on a light tan banner. This light tan banner appears over top several flowers, leaves, and three pieces of grain. Several gold coins appear behind the light tan banner, forming a circular shape with the gold coins on the top. The wording "DESTILLERT, MODNET OG TAPPET I NORGE" appears below in black. This wording appears superimposed over yellow coins that have indiscernible writing and designs appearing in gold. Most of the foregoing appears on top of a yellow background that has a circular-gridded design that appears as a texture. The wording "NORSK" FATMODNET AQUAVIT" appears at the bottom in light brown. Outside of all of this are several variations of borders. The innermost border is a light brown rectangle, followed by a thicker brown rectangle, followed by a border that appears like gain that is colored yellow but outlined in light brown, followed by another yellow rectangular boarder, a light tan thin rectangular border, a gold rectangular border, another thicker light tan rectangular border, and finally a thicker tan rectangular border. |
| Goods and Services | Beers and beer based cocktails; mineral and aerated waters; non-alcoholic beverages, namely, carbonated beverages, sparkling fruit juice beverages; fruit beverages, fruit juices, fruit nectar and non-alcoholic fruit extracts used in the preparation of beverages; syrups for making beverages; lemonade; essences for making non-alcoholic beverages; drinking water; non-alcoholic cider; non-alcoholic honey based drinks |
| Goods and Services | Alcoholic beverages except beers, namely, liquor |
| Goods and Services | Providing of food, drink, and alcoholic beverages; providing temporary accommodation; catering; hotels; cafés; cafeterias; canteen services; motels; restaurants; bars; pubs; snack bars |
| Pseudo Mark | GAMMEL OPLAND AQUAVIT SIDEN EIGHTEEN NINETY ONE DESTILLERT, MODNET OG TAPPET I NORGE NORSK FATMODNET AQUAVIT OPLANDSKE SPRITFABRIK FUSELFRI DOBBELT DESTILLERT LIVERPOOL EIGHTEEN EIGHTY SIX PARIS EIGHTEEN EIGHTY EIGHT STOCKHOLM EIGHTEEN EIGHTY EIGHT BERGEN EIGHTEEN NINETY EIGHT |
| Translation of Words in Mark | The English translation of the wording "SPRITFABRIK" in the mark is "DISTILLERY","FUSELFRI DOBBELT DESTILLERT" is "FUSEL FREE DOUBLE DISTILLED", "GAMMEL" is "OLD", "SIDEN" is "SINCE", "DESTILLERT, MODNET OG TAPPET I NORGE" is "DISTILLED, MATURED AND BOTTLED IN NORWAY", "NORSK FATMODNET" is "NORWEGIAN BARREL-AGED" and "BELGIQUE" is "BELGIUM". |
| 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 | H - NOT AVAILABLE |
| Class Status Date | Tuesday, August 14, 2018 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | H - NOT AVAILABLE |
| Class Status Date | Tuesday, August 14, 2018 |
| Primary Code | 033 |
| 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 | H - NOT AVAILABLE |
| Class Status Date | Tuesday, August 14, 2018 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Arcus AS |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | Hagan N1483 NO |
| Party Name | Arcus AS |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | Hagan N1483 NO |
| Party Name | Arcus AS |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | Hagan N1483 NO |
| Event Date | Event Description |
| Friday, September 7, 2018 | IRREGULARITY FROM IB EXAMINED BY MPU |
| Tuesday, September 4, 2018 | IRREGULARITY ON FINAL DECISION RECEIVED FROM IB |
| Friday, August 31, 2018 | NOTIFICATION OF EFFECT OF CANCELLATION OF INTL REG MAILED |
| Friday, August 31, 2018 | DEATH OF INTERNATIONAL REGISTRATION |
| Friday, August 24, 2018 | GENERIC MADRID TRANSACTION SENT TO IB |
| Friday, August 24, 2018 | GENERIC MADRID TRANSACTION CREATED |
| Wednesday, August 15, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, May 15, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Friday, March 9, 2018 | NOTIFICATION PROCESSED BY IB |
| Tuesday, February 27, 2018 | PUBLISHED FOR OPPOSITION |
| Wednesday, February 21, 2018 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, February 21, 2018 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Friday, February 16, 2018 | ATTORNEY REVIEW COMPLETED |
| Thursday, February 15, 2018 | LIMITATION FROM THE IB - REQUEST EXAM REVIEW |
| Wednesday, February 7, 2018 | NOTICE OF PUBLICATION |
| Thursday, January 25, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, January 25, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, January 25, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, January 24, 2018 | ASSIGNED TO LIE |
| Thursday, January 11, 2018 | NOTICE OF REVIVAL - MAILED |
| Wednesday, January 10, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, January 10, 2018 | PETITION TO REVIVE-GRANTED |
| Wednesday, January 10, 2018 | TEAS PETITION TO REVIVE RECEIVED |
| Friday, December 8, 2017 | LIMITATION OF GOODS RECEIVED FROM IB |
| Saturday, July 8, 2017 | REFUSAL PROCESSED BY IB |
| Tuesday, June 20, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, June 20, 2017 | REFUSAL PROCESSED BY MPU |
| Tuesday, June 13, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, June 12, 2017 | NON-FINAL ACTION WRITTEN |
| Friday, June 9, 2017 | APPLICATION FILING RECEIPT MAILED |
| Monday, June 5, 2017 | ASSIGNED TO EXAMINER |
| Monday, June 5, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, June 1, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |