| Serial Number | 79218989 |
| Word Mark | LA FINESTRA SUL CIELO |
| Filing Date | Friday, January 20, 2017 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, October 18, 2024 |
| Registration Number | 5435701 |
| Registration Date | Tuesday, April 3, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, January 16, 2018 |
| Goods and Services | Coffee, tea, alimentary pasta, namely, dried pasta, fresh pasta, in varieties and sizes of all kinds; flour and preparations made from cereals, namely, bread, pastry and confectionery, cookies, wafers, crackers and biscuits; sugar; rice, tapioca, sago; ices and ice cream; salt; sea salt; spices, vinegar, seasonings; sauces, namely, soy sauce and teriyaki sauce; malt for food purposes, honey; organic honey; treacle; mustard; oat flakes; soya flour, mayonnaise; rice cakes, cereal based Japanese foodstuffs, namely, uncooked noodles and soba noodles in the nature of Japanese noodles made of buckwheat |
| Description of Mark | The mark consists of a shaded square design with curved edges and a curved, horizontal, white band separating the top third from the bottom third of the square; emerging up and out of the white band on the right side of the design is a stylized branch with three leaves emerging from it, all in white; the area of the square above the white band is shaded green; the area of the square below the white band is shaded red; in the red portion of the square is the stylized, white wording "LA FINESTRA SUL CIELO" with the wording "LA" over the wording "FINESTRA", which is over the wording "SUL", which is over the wording "CIELO"; the color white around the square design is not claimed as a feature of the mark and merely represent the background. |
| Goods and Services | Preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; preserved edible weeds, namely, processed, edible seaweed; preserved beans; processed edible seeds, not being seasonings or flavorings; processed nuts, nut and seed based spreads, peanut butter, edible fats and oils, corn oil for food, bone oil for food, olive oil for food, sesame oil for food, sunflower oil for food; processed olives; processed pulses, dried lentils; preserved soya beans for food, soya milk, tofu, dried mushrooms; milk substitute made from oat or rice, namely, rice milk for use as a milk substitute, Hemp milk used as a milk substitute, oat-based food beverage used as a milk substitute; soy sauce, tamari soy sauce; preserved tomatoes, pulped tomatoes, peeled tomatoes, tomato pulp, tomato concentrate, namely, vegetable purees; dried tomatoes |
| Description of the Colors Claimed | White: the wording "LA FINESTRA SUL CIELO", three leaves, band; red: background; green: background. |
| Indication of Colors claimed | The color(s) white, red and green is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The English Translation of "LA FINESTRA SUL CIELO" in the mark is "THE WINDOW ON THE SKY". |
| Goods and Services | Vegetable juices and non-alcoholic vegetable extracts used in the preparation of vegetable juices; beverages, namely, mineral water, aerated water, table waters; non-alcoholic fruit nectars; fruit juices; fruit syrups, namely, syrups for making fruit-flavored drinks |
| Goods and Services | Cereal grains, namely, unprocessed grains for eating; unprocessed malt for brewing and distilling; pet food |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, October 18, 2024 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, October 18, 2024 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, October 18, 2024 |
| Primary Code | 031 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, October 18, 2024 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | BIOTOBIO S.R.L. |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 99 - Other |
| Address | IT |
| Party Name | LA FINESTRA SUL CIELO S.P.A. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | IT |
| Party Name | LA FINESTRA SUL CIELO S.P.A. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | IT |
| Party Name | LA FINESTRA SUL CIELO S.P.A. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | IT |
| Event Date | Event Description |
| Wednesday, October 25, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, October 19, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Tuesday, October 24, 2017 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| Wednesday, October 25, 2017 | ASSIGNED TO EXAMINER |
| Friday, October 27, 2017 | NON-FINAL ACTION WRITTEN |
| Saturday, October 28, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, October 31, 2017 | APPLICATION FILING RECEIPT MAILED |
| Monday, November 6, 2017 | REFUSAL PROCESSED BY MPU |
| Monday, November 6, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, November 9, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, November 9, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, November 9, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Sunday, November 19, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, December 5, 2017 | CORRECTION CREATED FOR IB |
| Tuesday, December 5, 2017 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Wednesday, December 27, 2017 | NOTICE OF PUBLICATION |
| Wednesday, January 10, 2018 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, January 10, 2018 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, January 16, 2018 | PUBLISHED FOR OPPOSITION |
| Tuesday, April 3, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, July 3, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Wednesday, July 11, 2018 | FINAL DISPOSITION PROCESSED |
| Saturday, November 25, 2017 | REFUSAL PROCESSED BY IB |
| Tuesday, December 5, 2017 | CORRECTION SENT TO IB |
| Saturday, February 10, 2018 | NOTIFICATION PROCESSED BY IB |
| Wednesday, July 11, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Sunday, October 23, 2022 | CHANGE OF OWNER RECEIVED FROM IB |
| Friday, October 18, 2024 | CANCELLED SECTION 71 |
| Monday, October 24, 2022 | NEW REPRESENTATIVE AT IB RECEIVED |
| Saturday, August 4, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |