| Serial Number | 79330949 |
| Word Mark | HORTEX |
| Filing Date | Wednesday, August 25, 2021 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, January 2, 2024 |
| Registration Number | 7256543 |
| Registration Date | Tuesday, January 2, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 17, 2023 |
| Indication of Colors claimed | The colors red, green, and white are claimed as features of the mark. |
| Goods and Services | Unprocessed grains for eating; live animals; live fish, live seafood and live mollusks, live crustaceans, fresh fruits and vegetables, fresh citrus fruit, fresh berries, fresh mushrooms, fresh herbs, live plants and flowers |
| Goods and Services | Rice; tapioca; sago; flour-based dumplings, open-faced toasted cheese sandwich, burgers contained in bread rolls, tortellini ravioli; pizza; lasagna; pasta; breakfast cereals and cereal based snack food; groats for human food; bakery products; ice-creams; edible ices; dairy ice-creams; fruit ice-creams; sorbets; ice-cream desserts |
| Goods and Services | Custom manufacturing for others of all of the following goods: frozen fruits and vegetables, frozen fruit and vegetable blends, frozen ready-made fruit and vegetable dishes, ice-cream products and desserts, ice creams, and sorbets (other than in the nature of beverages), frozen entrees consisting primarily of fruits and vegetables, frozen vegan and vegetarian entrees consisting primarily of vegetables, frozen entrees consisting primarily of meat, soups, frozen ingredients for making soups being vegetables and vegetable blends, frozen mushrooms, dietetic foodstuffs not for medical purpose, said dietetic foodstuffs consisting primarily of fruits and vegetables, namely, fruit-based organic food bars, fruit-based food bars also containing dried fruit, processed fruit, grains, vegetables, nuts, seeds, chocolate, soy-based snack foods, vegetable-based snack foods, soy-based low calorie food bars and foodstuffs reduced in fat, sugar and cholesterol, namely, pre-packaged combination dinners primarily consisting of meat and processed fruit or vegetables, edible processed pollen for food purposes, processed, preserved and dried grapes, almonds, namely, processed and ground almonds, rice, tapioca, sago, products made primarily with flour and/or food products made primarily with flour deep-frozen, namely, dumplings, open-faced toasted cheese sandwich, gratin, roast, cottage pie, French fries, "little ears" dumplings, polish mashed potato dumplings/dumplings made of mashed potatoes, eggs and flour, plumpers, noodles/potato dumplings, burgers, gnocchi, tortellini ravioli, pizza, lasagna, pasta, breakfast cereals and cereal based snack food, groats for human food, bakery products, ice-creams, edible ices, dairy ice-creams, fruit ice-creams, sorbets, ice-cream desserts; all of the foregoing excluding fruit juice and tomato concentrate and none of the foregoing including jellies, jams, compotes, yoghurt, kefirs, smoothie, mousses, fruit and vegetable pomaces, fruit pulp, fruit and vegetable concentrates and drinks and juices |
| Description of Mark | The mark consists of the word HORTEX in red with a green curved line beneath it. Above the word are three green leaves alternating with two red leaves. The mark appears on a white background designed to make the mark as a whole appear to be a label with one corner peeling up. Broken lines surrounding the mark are not part of the mark and serve only to show the position or placement of the mark. |
| Goods and Services | Frozen fruits and vegetables; frozen fruit and vegetable blends; frozen entrees consisting primarily of fruits and vegetables; frozen vegan and vegetarian entrees consisting primarily of vegetables; French fries; potato-based gnocchi; frozen entrees consisting primarily of meat; soups; frozen ingredients for making soups being vegetables and vegetable blends; frozen mushrooms; dietetic foodstuffs not for medical purpose, said dietetic foodstuffs consisting primarily of fruits and vegetables, namely, fruit-based organic food bars, fruit-based food bars also containing dried fruit, processed fruit, grains, vegetables, nuts, seeds, chocolate; soy-based snack foods, vegetable-based snack foods, soy-based low calorie food bars and foodstuffs reduced in fat, sugar and cholesterol, namely, pre-packaged dinners primarily consisting of meat and processed fruit or vegetables; edible processed bee pollen for food purposes; processed, preserved and dried grapes; almonds, namely, processed and ground almonds; all of the foregoing excluding fruit juice and tomato concentrate and none of the foregoing including jellies, jams, compotes, yoghurt, kefirs, smoothie, mousses, fruit and vegetable pomaces, fruit pulp, fruit and vegetable concentrates and drinks and juices included in this class |
| 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 14, 2022 |
| 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 | Friday, January 14, 2022 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | 6 - Active |
| Class Status Date | Friday, January 14, 2022 |
| Primary Code | 031 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 040 - Treatment of materials. |
| US Class Codes | 100, 103, 106 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, January 14, 2022 |
| Primary Code | 040 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Polski Ogród |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 98 - Unknown |
| Address | PL |
| Party Name | Polski Ogród Spólka z ograniczona odpowiedzialnoscia |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | PL |
| Party Name | Polski Ogród Spólka z ograniczona odpowiedzialnoscia |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | PL |
| Party Name | Polski Ogród Spólka z ograniczona odpowiedzialnoscia |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 99 - Other |
| Address | PL |
| Party Name | HORTEX Spólka z ograniczona odpowiedzialnoscia |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | PL |
| Event Date | Event Description |
| Thursday, January 13, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, January 14, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, January 18, 2022 | APPLICATION FILING RECEIPT MAILED |
| Friday, April 22, 2022 | CHANGE OF OWNER RECEIVED FROM IB |
| Tuesday, May 31, 2022 | ASSIGNED TO EXAMINER |
| Wednesday, June 8, 2022 | NON-FINAL ACTION WRITTEN |
| Thursday, June 9, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, June 27, 2022 | REFUSAL PROCESSED BY MPU |
| Tuesday, June 28, 2022 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, July 19, 2022 | REFUSAL PROCESSED BY IB |
| Tuesday, December 27, 2022 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, December 27, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, December 27, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, January 23, 2023 | FINAL REFUSAL WRITTEN |
| Monday, January 23, 2023 | FINAL REFUSAL E-MAILED |
| Monday, January 23, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, June 14, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, June 14, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Monday, July 3, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Tuesday, July 18, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Monday, July 24, 2023 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Monday, July 24, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, July 25, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, July 26, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, August 8, 2023 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Thursday, September 7, 2023 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Wednesday, September 13, 2023 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, September 13, 2023 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, September 13, 2023 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, September 13, 2023 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, September 13, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, September 27, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, September 27, 2023 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Thursday, September 28, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Monday, October 16, 2023 | NOTIFICATION PROCESSED BY IB |
| Tuesday, October 17, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, October 17, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, January 2, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, January 2, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, April 2, 2024 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Wednesday, April 3, 2024 | GENERIC MADRID TRANSACTION CREATED |
| Wednesday, April 3, 2024 | GENERIC MADRID TRANSACTION SENT TO IB |
| Tuesday, May 21, 2024 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Tuesday, August 27, 2024 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Tuesday, August 27, 2024 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Tuesday, August 27, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, August 27, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, August 27, 2024 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Tuesday, August 27, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, December 11, 2025 | CHANGE OF NAME/ADDRESS REC'D FROM IB |