| Serial Number | 79107725 |
| Word Mark | HORTEX |
| Filing Date | Tuesday, February 1, 2011 |
| Status | 706 - SECTION 71 ACCEPTED |
| Status Date | Tuesday, September 24, 2024 |
| Registration Number | 4468159 |
| Registration Date | Tuesday, January 21, 2014 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 5, 2013 |
| Goods and Services | [ SAUSAGES; FISH; POULTRY; VENISON; MEAT EXTRACTS; STOCK CUBES; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; FRUIT AND VEGETABLES PRESERVED IN ALCOHOL; FRUIT AND VEGETABLE MARINDES, namely, FRUITS AND VEGETABLES PRESERVED WITH VINEGAR; JELLIES; FRUIT JELLIES; JAMS; COMPOTES BEING FRUITS BOILED IN WATER WITH SUGAR; EGGS; POWDERED EGGS; MILK; MILK PRODUCTS EXCLUDING ICE CREAM, ICE MILK AND FROZEN YOGURT; BEVERAGES HAVING A MILK BASE; BEVERAGES CONTAINING PREDOMINATING AMOUNT OF MILK; YOGHURTS; KEFIRS; CHEESES; EDIBLE OILS AND FATS; BUTTER; CHOCOLATE BUTTER; COCOA BUTTER FOR FOOD PURPOSES; COCONUT BUTTER; MARGARINE; LARD; ] FRUIT AND VEGETABLE PRODUCTS, namely, FROZEN FRUITS, VEGETABLES, FROZEN FRUITS AND VEGETABLES, [ FRUIT PUREES, VEGETABLE PUREES, CONDENSED FRUIT PUREES, CONDENSED VEGETABLE PUREES, JAMS, FRUIT CONFITURES, MARMALADES, COMPOTES, CANNED FRUITS, CANNED VEGETABLES, CANNED FRUITS AND VEGETABLES, PICKLED VEGETABLES, DRIED FRUITS, DRIED VEGETABLES; FROZEN FRUITS AND VEGETABLES; FROZEN MEALS CONSISTING PRIMARILY OF FROZEN FRUITS AND FROZEN VEGETABLES; ] FROZEN MEALS CONSISTING PRIMARILY OF VEGETABLES; [ FROZEN MEALS CONSISTING PRIMARILY OF MEAT; FROZEN MEALS CONSISTING PRIMARILY OF VEGETABLES AND MEAT; FRUIT MOUSSES; FRUIT AND VEGETABLE PUREES AND PULPS; FRUIT AND VEGETABLE SALADS; FRUIT PEELS; FRUIT PULP; UNFLAVORED AND UNSWEETENED GELATINS FOR FOOD; FRUIT CHIPS; SUGAR-COATED FRUITS; TINNED FRUITS AND VEGETABLES; CANDIED FRUITS; SEAFOOD, NOT LIVE; ] SOUPS; PREPARATIONS FOR MAKING SOUPS [ ; PRESERVED MUSHROOMS; FROZEN MUSHROOMS; TOMATO PASTE; POLLEN PREPARED AS FOODSTUFF; RAISINS; GROUNDED ALMONDS; DELICACIES, namely, MIXTURES CONSISTING PRIMARILY OF DRIED AND CANDIED FRUITS AND NUTS ] |
| Description of Mark | The mark consists of the stylized word "HORTEX" in red, under a partial sun design in red with green rays, and above a curved green line. |
| Goods and Services | [ BEERS; NON-CARBONATED AND CARBONATED DRINKING WATER; MINERAL WATER; TABLE WATERS; SOFT DRINKS; NON-ALCOHOLIC BEVERAGES, NAMELY, FRUIT, VEGETABLE AND MIXED FRUIT-VEGETABLE JUICES, DRINKS AND NECTARS, CONDENSED FRUIT, VEGETABLE AND MIXED FRUIT-VEGETABLE JUICES, FRUIT AND VEGETABLE PUREE JUICES, NON-ALCOHOLIC BEVERAGES MADE OF FRUIT JUICES, NON-ALCOHOLIC HONEY-BASED BEVERAGES, NON-ALCOHOLIC COCKTAILS, LEMONADES, ISOTONIC BEVERAGES, ENERGY DRINKS, JUICES, DRINKS AND NECTARS ENRICHED WITH VITAMINS OR MINERAL SALTS; FRUIT, VEGETABLE AND MIXED FRUIT-VEGETABLE JUICES; FRUIT, VEGETABLE AND MIXED FRUIT-VEGETABLE DRINKS, FRUIT, VEGETABLE AND MIXED FRUIT-VEGETABLE NECTARS; CONDENSED FRUIT AND VEGETABLE JUICES; FRUIT PUREE JUICES; VEGETABLE PUREE JUICES; MIXED FRUIT-VEGETABLE PUREE JUICES; BEVERAGES OF AT LEAST 30% REDUCED ENERGY VALUE, NAMELY, FRUIT NECTARS, VEGETABLE NECTARS, FRUIT JUICES BASED BEVERAGES, VEGETABLE JUICES BASED BEVERAGES; FRUIT, VEGETABLE AND MIXED FRUIT-VEGETABLE JUICES AND BEVERAGES ENRICHED WITH VITAMINS OR CALCIUM; SORBETS BEING FROZEN FRUIT DRINKS AND JUICES; ISOTONIC BEVERAGES, namely, FLAVOURED BEVERAGES ENRICHED WITH VITAMINS AND MINERALS, ELECTROLYTIC DRINKS, HYPERTONIC DRINKS, HYPOTONIC DRINKS; ENERGY DRINKS; WHEY BEVERAGES; SYRUPS FOR MAKING BEVERAGES; PREPARATIONS FOR MAKING NON ALCOHOLIC BEVERAGES, NAMELY, PASTILLES; POWDERS FOR PREPARATION OF FRUIT, VEGETABLE AND MIXED FRUIT-VEGETABLE JUICES, DRINKS AND NECTARS, CONDENSED FRUIT, VEGETABLE AND MIXED FRUIT-VEGETABLE JUICES, FRUIT AND VEGETABLE PUREE JUICES, NON-ALCOHOLIC BEVERAGES MADE OF FRUIT JUICES, NON-ALCOHOLIC HONEY-BASED BEVERAGES, NON-ALCOHOLIC COCKTAILS, LEMONADES, ISOTONIC BEVERAGES, ENERGY DRINKS, AND JUICES, DRINKS AND NECTARS ENRICHED WITH VITAMINS OR MINERAL SALTS; ESSENCES FOR PREPARATION OF NON-ALCOHOLIC BEVERAGES; EXTRACTS FOR NON-ALCOHOLIC BEVERAGES, NAMELY, FOOD EXTRACTS, CONDENSED WATER EXTRACTS, EMULSIONS FEATURING A MIXTURE OF CONDENSED FRUIT JUICES WITH COLORANTS, FLAVORINGS, STABILIZERS AND OTHER ALLOWED ADDITIVES ] |
| Indication of Colors claimed | The color(s) green and red is/are claimed as a feature of the mark. |
| Amendment to a Registration/Renewal Certificate | In the statement, " International Class 29" is corrected per the restriction and the fnote dated 2/2/2022 |
| 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 | Friday, January 20, 2012 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Monday, March 9, 2020 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Polski Ogród |
| Party Type | 32 - New Owner After Registration |
| Legal Entity Type | 98 - Unknown |
| Address | PL |
| Party Name | Polski Ogród Spółka z ograniczoną odpowiedzialnością |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | PL-02-337 Warszawa PL |
| Party Name | Hortex Marketing Services Spólka z ograniczona odpowiedzialnoscia |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | PL |
| Party Name | Hortex Marketing Services Spólka z ograniczona odpowiedzialnoscia |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | PL |
| Party Name | Hortex Marketing Services Spólka z ograniczona odpowiedzialnoscia |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | PL |
| Party Name | HORTEX HOLDING S.A. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | PL |
| Event Date | Event Description |
| Thursday, January 19, 2012 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Thursday, January 19, 2012 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| Friday, January 20, 2012 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, January 20, 2012 | ASSIGNED TO EXAMINER |
| Tuesday, January 24, 2012 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, January 25, 2012 | NON-FINAL ACTION WRITTEN |
| Thursday, January 26, 2012 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, January 27, 2012 | REFUSAL PROCESSED BY MPU |
| Friday, January 27, 2012 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, February 17, 2012 | REFUSAL PROCESSED BY IB |
| Monday, July 2, 2012 | ASSIGNED TO EXAMINER |
| Thursday, July 26, 2012 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, July 26, 2012 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, July 26, 2012 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, August 2, 2012 | ASSIGNED TO LIE |
| Thursday, August 2, 2012 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, August 2, 2012 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, August 27, 2012 | NON-FINAL ACTION WRITTEN |
| Monday, August 27, 2012 | NON-FINAL ACTION E-MAILED |
| Monday, August 27, 2012 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, February 27, 2013 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, February 27, 2013 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, February 28, 2013 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, March 1, 2013 | CHANGE OF OWNER RECEIVED FROM IB |
| Thursday, March 21, 2013 | NON-FINAL ACTION WRITTEN |
| Thursday, March 21, 2013 | NON-FINAL ACTION E-MAILED |
| Thursday, March 21, 2013 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, May 13, 2013 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Monday, May 13, 2013 | CORRECTION FROM IB ENTERED - NO REVIEW REQUIRED |
| Tuesday, September 3, 2013 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, September 3, 2013 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, September 3, 2013 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, September 26, 2013 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, September 27, 2013 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, October 16, 2013 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, October 16, 2013 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, October 16, 2013 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, November 5, 2013 | PUBLISHED FOR OPPOSITION |
| Tuesday, November 5, 2013 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Saturday, January 4, 2014 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, January 21, 2014 | REGISTERED-PRINCIPAL REGISTER |
| Monday, April 21, 2014 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, June 10, 2014 | FINAL DISPOSITION PROCESSED |
| Wednesday, June 11, 2014 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, June 27, 2014 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, December 20, 2018 | CHANGE OF OWNER RECEIVED FROM IB |
| Monday, January 21, 2019 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Thursday, August 8, 2019 | NEW REPRESENTATIVE AT IB RECEIVED |
| Thursday, January 16, 2020 | TEAS SECTION 71 & 15 RECEIVED |
| Monday, March 9, 2020 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Monday, March 9, 2020 | REGISTERED - PARTIAL SEC. 71 ACCEPTED & SEC. 15 ACK. |
| Monday, March 9, 2020 | NOTICE OF ACCEPTANCE OF SEC. 71 & 15 - E-MAILED |
| Monday, November 9, 2020 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Thursday, November 19, 2020 | GENERIC MADRID TRANSACTION CREATED |
| Thursday, November 19, 2020 | GENERIC MADRID TRANSACTION SENT TO IB |
| Saturday, December 19, 2020 | PARTIAL INVALIDATION PROCESSED BY THE IB |
| Thursday, February 18, 2021 | INTERNATIONAL REGISTRATION RENEWED |
| Friday, August 27, 2021 | NEW REPRESENTATIVE AT IB RECEIVED |
| Saturday, December 11, 2021 | LIMITATION OF GOODS RECEIVED FROM IB |
| Monday, February 14, 2022 | CORRECTION UNDER SECTION 7 - PROCESSED |
| Monday, February 14, 2022 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Tuesday, February 15, 2022 | LIMITATION FROM THE IB EXAMINED AND ENTERED |
| Thursday, May 5, 2022 | LIMITATION OF GOODS RECEIVED FROM IB |
| Friday, October 14, 2022 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Monday, November 7, 2022 | INVALIDATION REVIEWED - NO ACTION REQUIRED BY OFFICE |
| Saturday, January 21, 2023 | COURTESY REMINDER - SEC. 71 (10-YR) E-MAILED |
| Tuesday, July 18, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, July 18, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Thursday, January 11, 2024 | TEAS SECTION 71 RECEIVED |
| Monday, September 23, 2024 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Tuesday, September 24, 2024 | REGISTERED-SEC.71 ACCEPTED |
| Tuesday, September 24, 2024 | NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED |
| Saturday, May 24, 2025 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Wednesday, October 1, 2025 | INVALIDATION REVIEWED - NO ACTION REQUIRED BY OFFICE |
| Thursday, December 11, 2025 | CHANGE OF NAME/ADDRESS REC'D FROM IB |