| Serial Number | 79278124 |
| Word Mark | LAVAZZA TORINO, ITALIA, 1895 ¡TIERRA! PREMIUM BLEND WELLNESS |
| Filing Date | Friday, December 6, 2019 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, January 19, 2021 |
| Registration Number | 6248055 |
| Registration Date | Tuesday, January 19, 2021 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 3, 2020 |
| Goods and Services | Coffee; decaffeinated coffee; unroasted coffee; artificial coffee; coffee extracts; coffee-based beverages; coffee flavorings, namely, flavorings, other than essential oils for coffee and coffee flavored syrup used in making food beverages; coffee beverages with milk; cocoa-based beverages; chocolate-based beverages; mixtures of coffee; freeze-dried coffee; food flavorings, other than essential oils; barley for use as a coffee substitute; coffee capsules containing coffee for brewing |
| Description of Mark | The mark consists of a rectangle that is divided in half by a wavy line, with the top half being dark grey and the bottom half being light grey. The bottom half features a dark grey coffee mug that is decorated in green and light green leaves with black stems. Rising from the coffee mug is dark grey steam that contains green and light green leaves with black stems. The steam then transitions into the upper torso, head, face, arms, and hands of a woman facing the right with her eye closed and wearing a gold sweater. The woman has pink skin, dark red lips and nails, and a black eyebrow and eyelashes. In her left hand, the woman is holding a white flower with a black stem. To the right of the hand on the wavy line dividing the rectangle are green and light green leaves joined by a single black stem. The woman has purple hair, which is large and wavy and flows upwards to the top of the rectangle. Inside the woman's hair is the stylized wording "LAVAZZA" in white above the stylized wording "TORINO, ITALIA, 1895" in white. Inside and around the woman's hair are four white flowers with black stems. Superimposed in the middle of the rectangle and slightly on top of the image of the woman is a gold circle. Inside the gold circle at the top is the curved stylized wording "TIERRA" in black with two exclamation marks in black on either side of the wording and with the exclamation mark on the left being upside down. Inside the bottom of the circle is the curved stylized wording "WELLNESS" in black. Inside the circle on the left is the stylized wording "PREMIUM" in black with two horizontal black lines above and below the wording. Inside the circle on the right is the stylized wording "BLEND" in black with two horizontal black lines above and below the wording. In the middle of the circle is an image of hands in black, showing the bottom hand catching black coffee beans falling from the hand above. |
| Goods and Services | Milk; milk beverages, milk predominating; drinking yogurts; meat, processed fish, poultry and game; seafood, not live; fruit and vegetables, all being preserved, dried, cooked or processed; preparations made from all the aforesaid goods, namely, cooked meat dishes, ready-to-eat meals comprised primarily of meats, cheese and also including vegetables, frozen pre-packaged entrees consisting primarily of seafood, fish preserves, tuna salad, chicken salad, chicken croquettes, packaged entrees consisting primarily of meat, fish, poultry or vegetables, vegetable soup preparations, preparations for making soups, vegetable puree, vegetable mousses; dairy products, namely, dairy-based spreads, dairy-based dips, and dairy cream; meat-based mousses; milk drinks with high milk content; flavored milk drinks; soups; vegetable and fruit salads; prepared meals consisting primarily of meat, fish, poultry or vegetables; dips; almond milk; peanut milk |
| Description of the Colors Claimed | Background: grey; central ring and woman's sweater; gold: leaves; green and light green: wordings TIERRA WELLNESS PREMIUM BLEND; black: woman's hair; purple: wordings LAVAZZA TORINO, ITALIA, 1895 and stylized flowers; white: woman's lips; dark red; woman's skin: pink. |
| Pseudo Mark | LAVAZZA TORINO, ITALIA, ONE THOUSAND EIGHT HUNDRED NINETY FIVE ¡TIERRA! PREMIUM BLEND WELLNESS ; LAVAZZA TORINO, ITALIA, EIGHTEEN NINETY FIVE ¡TIERRA! PREMIUM BLEND WELLNESS ; LAVAZZA TORINO, ITALIA, ONE EIGHT NINE FIVE ¡TIERRA! PREMIUM BLEND WELLNESS |
| Indication of Colors claimed | The color(s) gold, black, purple, white, green, light green, dark grey, light grey, dark red and pink is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of "TORINO, ITALIA" and "TIERRA", in the mark is "TURIN, ITALY" and "EARTH". |
| Disclaimer with Predetermined Text | "TORINO, ITALIA, 1895" "PREMIUM BLEND", AND "WELLNESS" |
| 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 | Thursday, February 13, 2020 |
| 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 | Thursday, February 13, 2020 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Luigi Lavazza S.p.A. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | IT |
| Party Name | Luigi Lavazza S.p.A. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | IT |
| Party Name | Luigi Lavazza S.p.A. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | IT |
| Event Date | Event Description |
| Tuesday, October 18, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, October 18, 2022 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Tuesday, October 18, 2022 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, October 18, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Monday, June 7, 2021 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, April 22, 2021 | GENERIC MADRID TRANSACTION SENT TO IB |
| Thursday, April 22, 2021 | GENERIC MADRID TRANSACTION CREATED |
| Monday, April 19, 2021 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, January 19, 2021 | REGISTERED-PRINCIPAL REGISTER |
| Saturday, December 12, 2020 | NOTIFICATION PROCESSED BY IB |
| Wednesday, November 25, 2020 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, November 3, 2020 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, November 3, 2020 | PUBLISHED FOR OPPOSITION |
| Wednesday, October 14, 2020 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, October 14, 2020 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Friday, September 25, 2020 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, September 22, 2020 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, September 22, 2020 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, September 22, 2020 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, April 10, 2020 | REFUSAL PROCESSED BY IB |
| Wednesday, March 25, 2020 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, March 25, 2020 | REFUSAL PROCESSED BY MPU |
| Friday, March 6, 2020 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, March 5, 2020 | NON-FINAL ACTION WRITTEN |
| Friday, February 21, 2020 | ASSIGNED TO EXAMINER |
| Tuesday, February 18, 2020 | APPLICATION FILING RECEIPT MAILED |
| Thursday, February 13, 2020 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, February 6, 2020 | SN ASSIGNED FOR SECT 66A APPL FROM IB |