| Serial Number | 79366068 |
| Word Mark | KINDER CHOCOLATE ICE CREAM |
| Filing Date | Wednesday, February 15, 2023 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, September 10, 2024 |
| Registration Number | 7497756 |
| Registration Date | Tuesday, September 10, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, June 25, 2024 |
| Goods and Services | Ice cream; edible ices; sorbets being edible ices |
| Description of Mark | The mark consists of two adjacent ice cream bars, with a light brown stick containing the brown wording "KINDER," on the left stick, beige lower half and dark brown upper half, with white ice cream; beige and dark brown flecks of the right-hand bar surround the bar, which appears below a blue and white awning in the upper right of the mark. The wording "KINDER CHOCOLATE ICE CREAM" appears in the upper left portion of the mark, with the letter "K" appearing black, the lettering "INDER" in red-orange and "CHOCOLATE ICE CREAM" in blue, with the wording "ICE CREAM" underlined in blue. The background of the mark appears white, with the bottom third being red-orange. There are three blue and white smiling figures, two on the left of the mark, one on the right, with the one on the right holding a blue pencil with a blue heart at its tip. Two blue and white drops appear near the lower left of the mark, just below the white portion of the background. A glass, outlined in black and containing a white beverage, appears just left of the left ice cream bar, with a green and yellow flower at its base. |
| Indication of Colors claimed | The color(s) brown, beige, white, blue, black, red-orange, green and yellow is/are claimed as a feature of the mark. |
| NOT AVAILABLE | "CHOCOLATE ICE CREAM" and the pictorial representation of the ice cream bar |
| Translation of Words in Mark | The English translation of KINDER in the mark is child. |
| 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, April 10, 2023 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | SOREMARTEC S.A. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | LU |
| Party Name | SOREMARTEC S.A. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | LU |
| Party Name | SOREMARTEC S.A. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | LU |
| Event Date | Event Description |
| Wednesday, November 15, 2023 | ASSIGNED TO EXAMINER |
| Thursday, March 30, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, April 10, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, April 14, 2023 | APPLICATION FILING RECEIPT MAILED |
| Friday, November 17, 2023 | NON-FINAL ACTION WRITTEN |
| Wednesday, February 28, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Saturday, November 18, 2023 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, November 21, 2023 | REFUSAL PROCESSED BY MPU |
| Tuesday, November 21, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, December 19, 2023 | REFUSAL PROCESSED BY IB |
| Wednesday, February 28, 2024 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Wednesday, February 28, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, February 28, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Wednesday, February 28, 2024 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Wednesday, February 28, 2024 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, May 16, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, May 16, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, May 16, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, May 18, 2024 | EXAMINERS AMENDMENT E-MAILED |
| Saturday, May 18, 2024 | EXAMINER'S AMENDMENT ENTERED |
| Saturday, May 18, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Saturday, May 18, 2024 | EXAMINERS AMENDMENT -WRITTEN |
| Saturday, May 18, 2024 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, June 11, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, June 11, 2024 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, June 5, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, June 25, 2024 | PUBLISHED FOR OPPOSITION |
| Wednesday, August 28, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, June 25, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Monday, July 1, 2024 | NOTIFICATION PROCESSED BY IB |
| Wednesday, August 28, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Tuesday, September 10, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, September 10, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Saturday, September 14, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |