| Serial Number | 79220407 |
| Word Mark | KINDER SURPRISE |
| Filing Date | Wednesday, August 30, 2017 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, May 16, 2025 |
| Registration Number | 5592427 |
| Registration Date | Tuesday, October 30, 2018 |
| Mark Drawing | 5 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, August 14, 2018 |
| Goods and Services | Confectionery, namely candy |
| Description of Mark | The mark consists of the wording "KINDER" with the letter "K" in black and the letters "INDER" in red-orange, appearing above the word "SURPRISE" outlined in black, with the letters "S" shaded in blue with light blue highlight, "U" shaded in ochre with yellow highlight, "R" shaded in red and red-orange, "P" shaded in ochre and light green, "R" shaded in blue with light blue highlight, "I" shaded in ochre with yellow highlight, "S" shaded in pink and fuscia, and "E" shaded in light green, dark green, and yellow. |
| Goods and Services | Games and playthings, namely, plastic toy figurines and plastic toy characters, rubber toy figurines and rubber toy characters, stuffed toys, toy animal figures, action figure, building games, card games, non-electric games of skill, board games, electronic and mechanical action toys, construction toys, models toys, scale model vehicles, jigsaw puzzles; decorations for Christmas trees; swings; playground slides; toy scooters; playing cards; piñatas; play swimming pools |
| Indication of Colors claimed | The color(s) black, red-orange, blue, light blue, yellow, ocher, red, light green, dark green, pink and fuscia is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of "KINDER" in the mark is "CHILDREN". |
| International Class | 028 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. |
| US Class Codes | 022, 023, 038, 050 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, May 16, 2025 |
| Primary Code | 028 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, May 16, 2025 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | FERRERO S.P.A. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | IT |
| Party Name | FERRERO S.P.A. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | IT |
| Party Name | FERRERO S.P.A. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | IT |
| Event Date | Event Description |
| Tuesday, November 21, 2017 | APPLICATION FILING RECEIPT MAILED |
| Thursday, November 9, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Wednesday, November 15, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, December 5, 2017 | ASSIGNED TO EXAMINER |
| Wednesday, December 13, 2017 | NON-FINAL ACTION WRITTEN |
| Thursday, December 14, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, December 28, 2017 | REFUSAL PROCESSED BY MPU |
| Thursday, December 28, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, January 19, 2018 | REFUSAL PROCESSED BY IB |
| Wednesday, June 27, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, June 27, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, June 28, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, June 29, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, July 25, 2018 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, July 25, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, August 14, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, July 25, 2018 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Saturday, August 11, 2018 | NOTIFICATION PROCESSED BY IB |
| Tuesday, August 14, 2018 | PUBLISHED FOR OPPOSITION |
| Tuesday, October 30, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, January 30, 2019 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Thursday, February 7, 2019 | FINAL DISPOSITION PROCESSED |
| Thursday, February 7, 2019 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, March 1, 2019 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Wednesday, May 24, 2023 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, May 24, 2023 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, May 24, 2023 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Wednesday, May 24, 2023 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, October 30, 2023 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Thursday, February 1, 2024 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS |
| Thursday, February 1, 2024 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, February 1, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, February 1, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, December 2, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, December 2, 2024 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Monday, December 2, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, December 2, 2024 | TEAS WITHDRAWAL AS DOMESTIC REPRESENTATIVE RECEIVED |
| Thursday, February 1, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, February 1, 2024 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Thursday, February 1, 2024 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Monday, December 2, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, May 16, 2025 | CANCELLED SECTION 71 |