| Serial Number | 79294693 |
| Word Mark | KATJES CHOCJES HAZEL SMACK |
| Filing Date | Wednesday, August 19, 2020 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, October 19, 2021 |
| Registration Number | 6522619 |
| Registration Date | Tuesday, October 19, 2021 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, August 3, 2021 |
| Goods and Services | Flavourings, other than essential oils, for beverages; baking powder; pastries; sweetmeats being candy; sherbet lollipops; buns; bread; bread rolls; petit-beurre biscuits; corn flakes; ice cream; iced tea; peanut confectionery, namely, peanut brittle; fondants being confectionery; fruit gums being fruit flavored gum sweets and wine-flavored fruit gum sweets; fruit sauce; fruit jellies being candy; tea-based beverages; groats for human food; spices; honey; frozen yoghurt being confectionery ices; coffee; cocoa; cocoa products, namely, powder, spreads, mixes; cocoa-based beverages; candy sugar for food purposes; caramels being candy; chewing gums for non-medical purposes; biscuits; petits fours; confectionery, namely, frozen confectionery, candy and chocolates; crackers in the nature of biscuits; cakes; cake powder, namely, cake mixes; liquorice being confectionery; stick liquorice being confectionery; gingerbread; lollipops; macaroons being pastries; maltose for food; almond confectionery, namely, almond cake, almond cookies, almond paste, turron; marzipan; chocolate-based beverages with milk; non-medicated confectionery in the nature of lozenges; mint for confectionery, namely, mint candy; puddings; popcorn; sherbet snacks; chocolate; vegan chocolate; chocolate-based beverages; sherbets being ices; edible ices; foam gum sweets being confectionery; glucose for culinary purposes, both loose and compressed; waffles; wine gums; pralines; bonbons made of sugar; confectionery for decorating Christmas trees; rusks; sherbet powder, namely, sugar confectionery; sherbet powder mixes; puffed rice; puffed rice balls with sherbet cover; puffed rice balls with sherbet powder cover; vegan sweets; vegan sugar confectionery; none of the foregoing containing animal-derived ingredients |
| Description of Mark | The mark consists of a rectangular candy bar wrapper with the left side in green and the right side in beige and the two colors forming a zig-zag pattern where they meet in the middle of the wrapper. The white stylized wording "KATJES" appears vertically on the left side of the wrapper, with a white heart forming the dot above the letter "J". To the left of the KATJES wording appears the vertically arranged wording "HAZEL SMACK" in white stylized font. The wording "CHOCJES" appears in large, green stylized font surrounded by a white outline in the center of the wrapper. To the right of the "CHOCJES" wording appears the vertically arranged wording "HAZEL SMACK" appearing in green stylized font. Underneath the term "CHOCJES" is the wording "VEGANE CHOC MIT HAFERDRINK!" in white stylized font. Below this wording appears the wording "CHOCJES COOL OHNE KUH - UND DU?" with the term "CHOCJES" appearing in stylized green font surrounded by a white outline and the wording "COOL OHNE KUH - UND DU?" appearing in white stylized font; this same wording also appears written in reverse above the large "CHOCJES" wording in the center of the wrapper. Above the term "JES" in the large "CHOCJES" wording appears a white rectangle surrounding the term HAZEL SMACK appearing in green, stylized font. The design of a glass with liquid splashing out of it appears in the bottom-right corner of the wrapper. The color blue appearing in the solid rectangles and dotted lines in the mark represent the edges of the candy bar wrapper and are not part of the mark. But for the color white appearing in the wording "KATJES" "VEGANE CHOC MIT HAFERDRINK!" and "CHOCJES COOL OHNE KUH - UND DU?" the outline of "CHOCJES" and the depiction of the rectangle surrounding the term "HAZEL SMACK" and the glass of splashing milk the color white represents background or transparent areas and is not part of the mark. |
| Pseudo Mark | KATJES CHOICES HAZEL SMACK HAZEL SMACK CHOCIES CHOCJES HAZEL SMACK HAZEL SMACK CHOJES HAZEL SMACK CHOICES VEGAN CHOCOLATE MIT MAFER DRINK! CHOICES COOL-KUH - UNDDU?ES |
| Indication of Colors claimed | The color(s) green, white and beige is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of the term ¿KATJES¿ is ¿LITTLE CATS¿; the English translation of the German wording ¿VEGANE CHOC MIT HAFERDRINK¿ is ¿VEGAN CHOCOLATE WITH OAT DRINK¿; the English translation of the German wording ¿COOL OHNE KUH - UND DU?¿ is ¿COOL WITHOUT COW ¿ AND YOU¿; the wording ¿CHOCJES¿ has no meaning in a foreign language. |
| Disclaimer with Predetermined Text | "VEGANE CHOC MIT HAFERDRINK" |
| 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, October 5, 2020 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Katjes Fassin GmbH + Co. KG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 28 - NOT AVAILABLE |
| Address | DE |
| Party Name | Katjes Fassin GmbH + Co. KG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 28 - NOT AVAILABLE |
| Address | DE |
| Party Name | Katjes Fassin GmbH + Co. KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 28 - NOT AVAILABLE |
| Address | DE |
| Event Date | Event Description |
| Monday, April 18, 2022 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Wednesday, March 30, 2022 | FINAL DISPOSITION NOTICE SENT TO IB |
| Wednesday, March 30, 2022 | FINAL DISPOSITION PROCESSED |
| Wednesday, January 19, 2022 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, October 19, 2021 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, August 3, 2021 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, August 3, 2021 | PUBLISHED FOR OPPOSITION |
| Sunday, August 1, 2021 | NOTIFICATION PROCESSED BY IB |
| Wednesday, July 14, 2021 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, July 14, 2021 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, July 14, 2021 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, June 29, 2021 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Saturday, June 12, 2021 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, June 11, 2021 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, June 11, 2021 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, June 10, 2021 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, June 9, 2021 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, June 9, 2021 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, January 24, 2021 | REFUSAL PROCESSED BY IB |
| Tuesday, January 5, 2021 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, January 4, 2021 | REFUSAL PROCESSED BY MPU |
| Thursday, December 17, 2020 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, December 16, 2020 | NON-FINAL ACTION WRITTEN |
| Wednesday, December 9, 2020 | ASSIGNED TO EXAMINER |
| Friday, October 9, 2020 | APPLICATION FILING RECEIPT MAILED |
| Monday, October 5, 2020 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, October 1, 2020 | SN ASSIGNED FOR SECT 66A APPL FROM IB |