| Serial Number | 76345289 |
| Word Mark | GOURMET GARDEN BASIL HERB BLEND |
| Filing Date | Thursday, December 6, 2001 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, October 30, 2015 |
| Registration Number | 2935676 |
| Registration Date | Tuesday, March 29, 2005 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, January 4, 2005 |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "GOURMET", "BASIL", "HERB BLEND" AND "FRESH GARDEN TASTE" |
| Description of Mark | The mark consists of the packaging of the container for the goods in the form of a flexible tube having a transparent window through which the product may be viewed; the words GOURMET GARDEN, BASIL and HERB BLEND; a horizontal band appearing above and below the words GOURMET GARDEN; and a design of a basil plant appearing between the words GOURMET and GARDEN. All of the aforesaid wording and design elements appear against an overall white background for the upper portion of the packaging. |
| Goods and Services | [ Preserved, dried and cooked fruit and vegetables ] |
| Goods and Services | [ Coffee, tea, cocoa, sugar, rice, tapioca, sago, grain-based coffee substitute; flour; ] salt, pepper, including dried green, red and black peppercorns for use as a seasoning, mustards; vinegar, sauces; spices, including processed spices, vanilla, cinnamon and nutmeg; and processed herbs including preserved garden herbs being goods |
| Goods and Services | Fresh herbs |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, October 30, 2015 |
| Primary Code | 029 |
| First Use Anywhere Date | Tuesday, September 17, 2002 |
| First Use In Commerce Date | Tuesday, September 17, 2002 |
| 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, October 30, 2015 |
| Primary Code | 030 |
| First Use Anywhere Date | Tuesday, September 17, 2002 |
| First Use In Commerce Date | Tuesday, September 17, 2002 |
| International Class | 031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. |
| US Class Codes | 001, 046 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, October 30, 2015 |
| Primary Code | 031 |
| First Use Anywhere Date | Tuesday, September 17, 2002 |
| First Use In Commerce Date | Tuesday, September 17, 2002 |
| Party Name | Botanical Food Company Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 11 - Company |
| Address | Melbourne, VIC 3000 AU |
| Party Name | Botanical Food Company Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 11 - Company |
| Address | Sanctuary Cove 4212 QLD AU |
| Party Name | Botanical Food Company Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 11 - Company |
| Address | Sanctuary Cove 4212 QLD AU |
| Event Date | Event Description |
| Friday, October 30, 2015 | CANCELLED SEC. 8 (10-YR)/EXPIRED SECTION 9 |
| Monday, April 2, 2012 | NOTICE OF ACCEPTANCE OF SEC. 8 - MAILED |
| Monday, April 2, 2012 | REGISTERED - PARTIAL SEC. 8 (6-YR) ACCEPTED |
| Tuesday, March 29, 2011 | REGISTERED - SEC. 8 (6-YR) FILED |
| Wednesday, March 30, 2011 | POST REGISTRATION ACTION MAILED - SEC. 8 |
| Wednesday, March 30, 2011 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Tuesday, March 29, 2011 | TEAS SECTION 8 RECEIVED |
| Thursday, April 7, 2005 | EXPARTE APPEAL TERMINATED |
| Tuesday, March 29, 2005 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, January 4, 2005 | PUBLISHED FOR OPPOSITION |
| Wednesday, December 15, 2004 | NOTICE OF PUBLICATION |
| Saturday, October 30, 2004 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, October 29, 2004 | ASSIGNED TO LIE |
| Friday, October 15, 2004 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, September 23, 2004 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, September 3, 2004 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, September 3, 2004 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, August 2, 2004 | FINAL REFUSAL MAILED |
| Sunday, August 1, 2004 | USE AMENDMENT ACCEPTED |
| Thursday, June 24, 2004 | AMENDMENT FROM APPLICANT ENTERED |
| Thursday, June 24, 2004 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, July 1, 2004 | AMENDMENT TO USE PROCESSING COMPLETE |
| Thursday, June 24, 2004 | USE AMENDMENT FILED |
| Thursday, June 24, 2004 | PAPER RECEIVED |
| Friday, January 16, 2004 | NON-FINAL ACTION MAILED |
| Monday, December 22, 2003 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Monday, December 22, 2003 | EX PARTE APPEAL-INSTITUTED |
| Thursday, December 18, 2003 | CASE FILE IN TICRS |
| Friday, December 12, 2003 | EXPARTE APPEAL RECEIVED AT TTAB |
| Monday, November 24, 2003 | PAPER RECEIVED |
| Friday, May 23, 2003 | FINAL REFUSAL MAILED |
| Thursday, April 3, 2003 | PETITION TO REVIVE-GRANTED |
| Tuesday, December 3, 2002 | PETITION TO REVIVE-RECEIVED |
| Tuesday, December 3, 2002 | PAPER RECEIVED |
| Wednesday, October 2, 2002 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Friday, March 15, 2002 | NON-FINAL ACTION MAILED |
| Friday, February 22, 2002 | ASSIGNED TO EXAMINER |