| Serial Number | 79275794 |
| Word Mark | HORTEX |
| Filing Date | Friday, May 31, 2019 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, June 1, 2021 |
| Registration Number | 6366584 |
| Registration Date | Tuesday, June 1, 2021 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, March 16, 2021 |
| Description of Mark | The mark consists of the stylized wording , "HORTEX" in red, beneath five leaves, three in green and white, and two in red, all above a curved line in green, with gray and light gray shading in the upper-right corner of the mark. The external contours and positioning of the mark are indicated by dotted black lines, which are not claimed as a part of the mark. |
| Amendment to a Registration/Renewal Certificate | In the statement, International Class 29 has been divided into child application 79975648. |
| Certificate of Correction for Registration | In the Statement, class 29 has been corrected per the Restriction dated 1/20/22 and per the Fnote dated 4/5/22. |
| Goods and Services | [ meat, sausages, fish, not live, poultry, venison, meat extracts, preserved meat stocks, preserved, dried and cooked fruits and vegetables, fruit and vegetables preserved in alcohol, [ jellies, fruit jellies, jams, compotes, ] eggs, powdered eggs, [ milk, ] milk products, excluding ice cream, ice milk and frozen yogurt, [milk beverages, consisting principally of milk, beverages containing predominating amount of milk, yoghurts, kefirs,] cheeses, edible oils and fats, butter, chocolate butter for food, cocoa butter for food, coconut butter for food, margarine, lard, fruit and vegetable products, namely, frozen fruits, vegetables, frozen fruits and vegetables,*frozen* fruit purees, *frozen* vegetable purees, *frozen* condensed fruit purees, *frozen* condensed vegetable purees, [jams, marmalades, compotes,] canned fruits, canned vegetables, canned fruits and vegetables, pickled vegetables, dried fruits, dried vegetables, frozen fruits and vegetables, frozen fruit and vegetable blends, frozen ready-made vegetarian dishes and dishes consisting principally of meat, [fruit mousses, fruit and vegetable pomaces,] fruit and vegetable salads, fruit peels, [fruit pulp,] unflavored, unsweetened gelatine for food, fruit chips, tinned fruits and vegetables, candied fruits, seafood, processed, soups, preparations for making soups, preserved mushrooms, frozen mushrooms, [tomato concentrates for cooking,] pollen prepared as foodstuff, raisins, almonds, prepared; delicacies, namely, mixtures of dried and candied fruits and nuts; prepared entrees consisting primarily of fruits and vegetables, low fat and cholesterol prepared entrees consisting primarily of fruits and vegetables, not for medical use * ; all above goods excluding goods being: jellies, fruit jellies, jams, compotes, milk, milk beverages, beverages containing predominating amount of milk, fruit, vegetable and mixed fruit-vegetable smoothie with predominant amount of milk products, yoghurts, frozen yoghurt, kefir, fruit mousses, fruit and vegetable products being mouses, fruit and vegetable pomaces, fruit pulp, fruit and vegetable products being concentrates, tomato concentrates, fruit and vegetable products being drinks and juices included in this class * ] |
| Indication of Colors claimed | The color(s) white, red, green, grey and light grey is/are claimed as a feature of the mark. |
| Goods and Services | beers; non-carbonated and carbonated water, mineral water, table waters, soft drinks, flavored mineral waters, non-alcoholic fruit extracts and syrups for making flavoured mineral water, non-alcoholic beverages, namely, fruit, vegetable and mixed fruit-vegetable juices, drinks and nectars, condensed fruit, vegetable and mixed fruit-vegetable juices, fruit, vegetable and mixed fruit-vegetable puree juices, non-alcoholic beverages made of fruit juices, non-alcoholic honey-based beverages, non-alcoholic cocktails, lemonades, isotonic beverages, energy drinks, fruit and vegetable juices, fruit and vegetable drinks, sports drinks and fruit and vegetable nectars enhanced with vitamins and/or mineral salts, non-alcoholic honey-based beverages, non-alcoholic beverages consisting of fruit juices, non-alcoholic cocktails, fruit, vegetable and mixed fruit-vegetable juices, beverages, namely, fruit nectars, condensed fruit and vegetable juices, fruit and vegetable, mixed fruit-vegetable puree juices, low-energy fruit and vegetable juices, beverages, namely, fruit, vegetable and mixed fruit-vegetable juices and nectars enriched with vitamins and/or calcium and/or iron and/or other minerals, sorbets as beverages, isotonic beverages, energy drinks, whey beverages, lemonades, syrups for lemonades, syrups for the preparation of beverages, fruit, vegetable and mixed fruit-vegetable smoothies, smoothies with or without grains, with or without plant extracts, with or without milk products |
| 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 | A - Sec. 7(d) - Class(es) in a Multiple Class Registration |
| Class Status Date | Thursday, January 16, 2020 |
| 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 | 6 - Active |
| Class Status Date | Thursday, January 16, 2020 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Polski Ogród |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | PL |
| Party Name | Hortex Spólka z ograniczona odpowiedzialnoscia |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | PL |
| Party Name | Hortex Spólka z ograniczona odpowiedzialnoscia |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | PL |
| Event Date | Event Description |
| Tuesday, August 15, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, August 1, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, May 9, 2023 | INVALIDATION REVIEWED - NO ACTION REQUIRED BY OFFICE |
| Saturday, March 25, 2023 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Monday, July 25, 2022 | AMENDMENT UNDER SECTION 7 ¿ PROCESSED |
| Monday, July 25, 2022 | DIVISIONAL PROCESSING COMPLETE |
| Thursday, May 12, 2022 | DIVISIONAL REQUEST RECEIVED |
| Thursday, July 21, 2022 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Thursday, May 5, 2022 | LIMITATION OF GOODS RECEIVED FROM IB |
| Thursday, April 7, 2022 | LIMITATION FROM THE IB EXAMINED AND ENTERED |
| Thursday, April 7, 2022 | CORRECTION UNDER SECTION 7 ¿ PROCESSED |
| Friday, January 21, 2022 | LIMITATION OF GOODS RECEIVED FROM IB |
| Friday, October 29, 2021 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, September 17, 2021 | GENERIC MADRID TRANSACTION SENT TO IB |
| Friday, September 17, 2021 | GENERIC MADRID TRANSACTION CREATED |
| Wednesday, September 1, 2021 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Friday, August 27, 2021 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, June 1, 2021 | REGISTERED-PRINCIPAL REGISTER |
| Sunday, March 21, 2021 | NOTIFICATION PROCESSED BY IB |
| Tuesday, March 16, 2021 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, March 16, 2021 | PUBLISHED FOR OPPOSITION |
| Friday, February 26, 2021 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, February 24, 2021 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, February 24, 2021 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, February 4, 2021 | ASSIGNED TO LIE |
| Thursday, February 4, 2021 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, February 4, 2021 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, February 4, 2021 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, February 4, 2021 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, February 4, 2021 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, October 7, 2020 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, October 7, 2020 | FINAL REFUSAL E-MAILED |
| Wednesday, October 7, 2020 | FINAL REFUSAL WRITTEN |
| Friday, September 4, 2020 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, September 3, 2020 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, September 3, 2020 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, September 3, 2020 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, September 3, 2020 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, September 3, 2020 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Thursday, September 3, 2020 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, September 3, 2020 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, September 3, 2020 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Friday, May 8, 2020 | NEW REPRESENTATIVE AT IB RECEIVED |
| Saturday, March 21, 2020 | REFUSAL PROCESSED BY IB |
| Tuesday, March 3, 2020 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, March 3, 2020 | REFUSAL PROCESSED BY MPU |
| Sunday, February 9, 2020 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Saturday, February 8, 2020 | NON-FINAL ACTION WRITTEN |
| Tuesday, January 21, 2020 | APPLICATION FILING RECEIPT MAILED |
| Thursday, January 16, 2020 | ASSIGNED TO EXAMINER |
| Thursday, January 16, 2020 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, January 9, 2020 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| Thursday, January 2, 2020 | SN ASSIGNED FOR SECT 66A APPL FROM IB |