| Serial Number | 86753251 |
| Word Mark | MALFY GQDI GIN CON LIMONE ITALY MALFY GQDI GIN MALFY GIN QUALITÀ DISTILLATO ITALIA GIN CON LIMONE (ITALY) GQDI |
| Filing Date | Thursday, September 10, 2015 |
| Status | 702 - SECTION 8 & 15 - ACCEPTED AND ACKNOWLEDGED |
| Status Date | Sunday, November 13, 2022 |
| Registration Number | 5167353 |
| Registration Date | Tuesday, March 21, 2017 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 8, 2016 |
| Description of Mark | The mark consists of a product packaging design affixed to a three dimensional clear bottle seen from the front and the back. At the front and top center of the body, the word "ITALY" is embossed below the shoulder of the bottle, and at the front and bottom center of the body, the literal element "GQDI" is embossed above the heel of the bottle. The design on the body consists of five light yellow rings outlined in dark yellow arranged on the bottle such that, from each angle, parts of the rings are seen on the exterior surface of the bottle and the remaining parts of the rings are seen through the clear bottle. From the front view of the bottle, two of the rings on the exterior of the bottle are partially visible on the right side, and one of the rings on the exterior of the bottle is partially visible on the left side. The remaining portions of the rings are visible through the clear bottle. The portions of the rings that are visible through the clear bottle appear in light yellow. From the front view, at the center of the body, a circular seal is superimposed on top of the ring design. The seal consists of a turquoise circle with a double outline composed of one thin neon yellow ring and one thick neon yellow ring. The word "MALFY", which is arranged in an upward arch along the top portion of the seal, appears in neon yellow outlined in navy blue. Under the word "MALFY", the literal element "GQDI" appears in smaller navy blue letters. In the center of the seal appears an interior seal composed of a thick navy blue ring and two stylized rowing oars which are arranged in opposite diagonals such that they cross at the center of the interior circle and quadrisect the interior circle into four equal triangular segments. The top segment contains a navy blue stylized depiction of a crown, the left segment contains a navy blue stylized depiction of a fish holding a lemon, the bottom segment contains a navy blue stylized depiction of a rowing boat, and the right segment contains a navy blue stylized depiction of a bident. Within the navy ring, the words "MALFY GIN QUALITÀ DISTILLATO ITALIA" appear in neon yellow. On either side of the interior seal the word "GIN" appears in navy blue. Under the interior seal, the words "CON LIMONE", which are arranged in an downward arch, appear in neon yellow. Below "CON LIMONE", the word ("ITALY") in parenthesis, also arranged in a downward arch, appears in navy blue. From the font view, the neck of the bottle contains a turquoise strip with a double outline in neon yellow. At the center, the word "MALFY "appears in neon yellow outlined in navy blue. Below "MALFY", the literal element "GQDI "appear in smaller navy blue letters. Below "GQDI", the word "GIN "appears in navy blue. On either side of the word "GIN" appear the handle and the blade of a navy blue rowing oar. Below the word "GIN" the words "CON LIMONE" appear in neon yellow. From the back view of the bottle, all five rings on the exterior of the bottle are visible; one ring is completely visible and portions of the remaining four rings are partially visible. The remaining portions of the rings are visible through the clear bottle. The portions of the rings that are visible through the clear bottle appear in light yellow. From the back view, the neck of the bottle contains a turquoise strip with a double outline in neon yellow. The dotted lines depicting the outline of the bottle and the contours of the bottle are not part of the mark and serve only to show the position of the mark on the goods. |
| Indication of Colors claimed | The color(s) light yellow, dark yellow, turquoise, neon yellow and navy blue is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of "Con Limone" in the mark is "with lemon". The English translation of the wording "Qualità Distillato Italia" in the mark is "quality distilled Italy". |
| Goods and Services | Gin |
| NOT AVAILABLE | "GIN", "CON LIMONE", "QUALITÀ DISTILLATO ITALIA" AND "ITALY" |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, September 15, 2015 |
| Primary Code | 033 |
| First Use Anywhere Date | Monday, March 7, 2016 |
| First Use In Commerce Date | Monday, March 7, 2016 |
| Party Name | CHIVAS HOLDINGS (IP) LIMITED |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 03 - Corporation |
| Address | Dumbarton, Scotland G822SS GB |
| Party Name | BIGGAR & LEITH, LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Montclair, NJ 07043 |
| Party Name | BIGGAR & LEITH, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Montclair, NJ 07043 |
| Party Name | BIGGAR & LEITH, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Montclair, NJ 07043 |
| Event Date | Event Description |
| Monday, September 14, 2015 | NEW APPLICATION ENTERED |
| Tuesday, September 15, 2015 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, September 16, 2015 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, December 22, 2015 | ASSIGNED TO EXAMINER |
| Monday, January 4, 2016 | NON-FINAL ACTION WRITTEN |
| Monday, January 4, 2016 | NON-FINAL ACTION E-MAILED |
| Monday, January 4, 2016 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, June 29, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, June 29, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, June 30, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, August 11, 2016 | ASSIGNED TO PETITION STAFF |
| Monday, September 26, 2016 | PETITION TO DIRECTOR GRANTED |
| Wednesday, June 29, 2016 | TEAS PETITION TO DIRECTOR RECEIVED |
| Wednesday, September 28, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, November 8, 2016 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Friday, February 10, 2017 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Saturday, February 11, 2017 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED |
| Tuesday, March 21, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, October 23, 2019 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Thursday, September 3, 2020 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, September 3, 2020 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, September 3, 2020 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Thursday, September 3, 2020 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, September 3, 2020 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, September 3, 2020 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Friday, January 22, 2021 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, January 22, 2021 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, January 22, 2021 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, January 22, 2021 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Friday, January 22, 2021 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Monday, March 21, 2022 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Wednesday, October 19, 2016 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, November 8, 2016 | PUBLISHED FOR OPPOSITION |
| Tuesday, January 3, 2017 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, January 10, 2017 | TEAS STATEMENT OF USE RECEIVED |
| Tuesday, January 10, 2017 | USE AMENDMENT FILED |
| Saturday, January 28, 2017 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Sunday, January 29, 2017 | STATEMENT OF USE PROCESSING COMPLETE |
| Monday, October 31, 2022 | TEAS RESPONSE TO OFFICE ACTION-POST REG RECEIVED |
| Monday, April 11, 2022 | TEAS SECTION 8 & 15 RECEIVED |
| Saturday, October 8, 2022 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Saturday, October 8, 2022 | POST REGISTRATION ACTION MAILED - SEC. 8 & 15 |
| Wednesday, November 2, 2022 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Wednesday, February 12, 2025 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, February 12, 2025 | TEAS WITHDRAWAL AS DOMESTIC REPRESENTATIVE RECEIVED |
| Wednesday, February 12, 2025 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Wednesday, February 12, 2025 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, February 12, 2025 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Wednesday, February 12, 2025 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, March 31, 2025 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Monday, March 31, 2025 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Monday, March 31, 2025 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Monday, March 31, 2025 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, March 31, 2025 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Wednesday, June 4, 2025 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Wednesday, June 4, 2025 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Wednesday, June 4, 2025 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Sunday, November 13, 2022 | REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. |
| Sunday, November 13, 2022 | NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED |