| Serial Number | 79317752 |
| Word Mark | HAPPY HALWAI |
| Filing Date | Wednesday, May 12, 2021 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, January 3, 2023 |
| Registration Number | 6938067 |
| Registration Date | Tuesday, January 3, 2023 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 18, 2022 |
| Goods and Services | Frozen yoghurt being confectionery ices; dressings for salad; farinaceous foods, namely, cracked wheat and noodles; bread; roti bread; garlic bread; unleavened bread; concentrated sauces being pitta flavourings, except essential oils; freeze-dried prepared dishes with the main ingredient being pasta; freeze-dried prepared dishes with the main ingredient being rice; herb tea not for medical purposes; ice cream; ice cream products, namely, kulfi; ice cream lollies; rice; rice crackers; salt for cooking; table salt; sauces, edible; sauce mixes; savoury pastries; tabbouleh; tea, not medicinal; crispbread; crispbread snacks; seasonings; curry mixes being spices; curry sauces; curried food pastes being flavorings for food; prepared desserts being dessert puddings, dessert mousse, bakery desserts, frozen yoghurt, sorbet; pickle relish |
| Description of Mark | The mark consists of the word "HAPPY" in stylized white font outlined in black above the word "HALWAI," also in white font outlined in black; above this wording is the stylized representation of a smiling man with a peach face outlined in black, a black and white mustache, and a red tongue, and who is wearing a white chef's hat outlined in black. |
| Goods and Services | Cheese; cream cheese; curd cheese; milk; dairy products, namely, cream; prepared food dishes consisting wholly or substantially wholly of milk; milk beverages, with milk predominating; ready to eat meals made wholly or principally of dairy products, namely, milk, cheese, also including desserts; milk based beverages, with milk predominating; yogurt; eggs; butter; cottage cheese; curd products, namely, milk curd, cheese curd; milk curd preparations; sour milk products, namely, sour milk, sour cream; set yoghurt; yoghurt preparations; yoghurt products, namely, yogurt drinks, Greek yogurt, custard-style yogurt; prepared food dishes having a base of vegetables; prepared food dishes made from cooked vegetables; food spreads consisting principally of edible fats; fruit-based snack foods; pressed fruit pastes; fruits, processed; meat paste; meat pates; meat terrines; mixed pickles; snack mixtures of nuts and dried fruits; seasoning mixtures of vegetables and herbs; non-dairy butter; non-dairy cheese; non-dairy cream; non-dairy yoghurt; soya based dairy substitutes being milk; fruit based dairy products being snack foods; prepared nuts for food; nut-based snacks; nut-based spreads; olive paste; olives, preserved; vegetable paté; pickled peppers; pickled onions; prepared meals consisting principally of meat; prepared meals consisting principally of vegetables; prepared meat; prepared snacks made from fresh fruit; prepared snacks made from fresh vegetables; salads, namely, vegetable salads, fruit salads; salt meats; smoked fish; smoked meats; smoked prepared meat; soya bean milk; soya yoghurt; soya cream desserts, not being ice cream; sunflower seeds, prepared; tahini being sesame seed paste; tofu; curries being prepared meals without rices; milk-based yoghurt desserts made in the form of puddings and custards, not being frozen yoghurt; desserts comprising whipped cream, except frozen yoghurt or ice cream; milk-based desserts, except ice cream |
| Name/Portrait Description and/or Consent Statement | The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual. |
| Indication of Colors claimed | The color(s) red, black, white, and peach is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of "HALWAI" in the mark is "CONFECTIONER". |
| Goods and Services | Provision of food and drink prepared for consumption at restaurants and at home; restaurant services featuring preparation of take-away and fast food; café services; restaurant services, including self service restaurants; snack bar services; provision of food and beverages provided via mobile dispensing outlets being mobile carts and vans; provision of food and beverages by means of kiosks; catering services; office catering services |
| Disclaimer with Predetermined Text | "HALWAI" |
| 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 | Monday, August 16, 2021 |
| 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 | Monday, August 16, 2021 |
| 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 | Monday, August 16, 2021 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Sharma's Kitchen Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | 2077 AU |
| Party Name | Sharma's Kitchen Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | 2077 AU |
| Party Name | Sharma's Kitchen Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | 2077 AU |
| Event Date | Event Description |
| Tuesday, May 9, 2023 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Wednesday, April 19, 2023 | FINAL DISPOSITION NOTICE SENT TO IB |
| Wednesday, April 19, 2023 | FINAL DISPOSITION PROCESSED |
| Monday, April 3, 2023 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, January 3, 2023 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, January 3, 2023 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, October 18, 2022 | NOTIFICATION PROCESSED BY IB |
| Tuesday, October 18, 2022 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, October 18, 2022 | PUBLISHED FOR OPPOSITION |
| Wednesday, September 28, 2022 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, September 28, 2022 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, September 28, 2022 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, September 14, 2022 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, August 15, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, August 15, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, August 15, 2022 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, March 7, 2022 | REFUSAL PROCESSED BY IB |
| Tuesday, February 15, 2022 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, February 15, 2022 | REFUSAL PROCESSED BY MPU |
| Wednesday, January 26, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, January 25, 2022 | NON-FINAL ACTION WRITTEN |
| Thursday, January 20, 2022 | ASSIGNED TO EXAMINER |
| Friday, August 20, 2021 | APPLICATION FILING RECEIPT MAILED |
| Monday, August 16, 2021 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, August 12, 2021 | SN ASSIGNED FOR SECT 66A APPL FROM IB |