| Serial Number | 97862930 |
| Word Mark | MCCAIN |
| Filing Date | Wednesday, March 29, 2023 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Thursday, May 2, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Pizza; snack foods, namely, cereal and rice based snack foods, namely, snack foods containing or consisting of dough, pasta, pastry, pizza, garlic bread and garlic fingers, and dough enrobed snack foods consisting of a dough-based wrapper with pizza filling; appetizers, namely, appetizers having a cereal and rice base, namely, appetizers containing or consisting of dough, pasta, pastry, pizza, garlic bread, and garlic fingers, and dough enrobed appetizers consisting of a dough-based wrapper with pizza fillings; frozen and prepared desserts, namely, bakery goods, bakery desserts, pies, cakes, pastries, fruit and ice cream pies, and frozen confections; frozen and prepared pastries; ice cream; frozen prepared meals, namely, meals containing or consisting primarily of pasta, pizza or rice; breakfasts foods, namely, French toast, pancakes, waffles, cereals, oatmeal and creamed wheat cereals; prepared sandwiches, namely, filled wraps and bread with filling; prepared meals and entrees, namely, cereal and rice based prepared meals and entrees, namely, entrees containing or consisting of pasta, pizza, rice, sandwiches, and dough enrobed entrees consisting of dough-based wrapper with pizza filling; and powders and mixes used in preparation of non-alcoholic tea beverages; frozen and prepared non-dairy desserts, namely, fruit ices and frozen dessert consisting of fruit and cream substitutes; appetizers consisting primarily of vegetables, meat, fish, poultry, cheese, and potato, namely, taquitos, spring rolls, quesadilla rolls, flour-based dumplings, samosas; sauces used as dips; Breads; other bread-type products, namely, pizza crust, pie crust, banana bread, muffins, beer bread, biscuits, cornbread, pancakes, scones, cakes, waffles and soda bread; doughs; flatbread, pita, bread sticks, crackers; cookies; filled baked dough products in the nature of dough-enrobed foods consisting of a dough-based wrapper with filling consisting primarily of meats, poultry, seafood, fruits, legumes, grains, vegetables and cheese; stuffed bread and stuffed dough both being primarily made of bread and dough; snack foods consisting primarily of grains; snack foods, namely, cereal-based or grain-based snack bars, cereal-based or grain-based meal replacement bars; ice cream, sorbets and edible ices; condiments, namely, mustards, relishes, chutneys, vinegars, salsas, pesto, salad dressings and mayonnaise; pastries, fruit jelly candy; candy made of grain; frozen confectionery; pasta and noodles; sauces; processed grains |
| Goods and Services | Providing online educational classes and seminars in the fields of food, cooking, and nutrition; providing education in the field of nutritional information about food; providing general interest information and advice in relation to the preparation of meals; entertainment services, namely, providing webcasts in the field of food, cooking, nutrition and recipes |
| Description of Mark | The mark consists of the word "McCain" in script displayed across a rising sun with a tree positioned to the left of "McCain" and birds flying overhead with one flying bird dotting the letter "i". |
| Goods and Services | Downloadable virtual reality software for education in the field of food, cooking, nutrition and recipes; educational software containing topics of instruction in the field of cooking, nutrition and recipes; downloadable Proof of Attendance Protocols (POAPs) and non-fungible token (NFT) badges; downloadable computer programs featuring food for use in online virtual worlds and food ordering and delivery in the real world; downloadable computer game programs; downloadable computer programs for creating badges for use in online virtual worlds; downloadable computer programs for creating stickers for use in online virtual worlds; downloadable virtual reality game programs |
| Goods and Services | Processed fruits, vegetables, legumes and pulses; frozen vegetable products; vegetable-based products consisting primarily of dehydrated vegetables and cut vegetables; fruit products and fruit-based products consisting primarily of dehydrated fruits and cut fruits;; processed fruit and vegetable products, namely, frozen, chilled, dehydrated, battered and processed fruits and vegetables; processed potatoes and potato products, namely, baked, roasted, fried, French fried, battered, extruded, packaged and frozen, chilled, mashed, dried, instant, baby potatoes; processed fruit specialties, namely, chips, croquettes and pancakes made of fruits and/or vegetables; processed potato specialties, namely, chips, potato wedges, diced hashbrowns, hashbrown patties, lattice-cut chips, potato patties, diced potato cubes, potato puffs, potato skins and shells, stuffed potato skins and shells, potato croquettes, instant potato flakes, mashed potato mix, potato pancakes, hashbrowns and peeled potatoes; breakfast patties containing primarily eggs and also containing meat, vegetables or cheese; soups; vegetable-based dumplings; onion rings; potato based snack foods; frozen appetizers consisting primarily of vegetables; frozen prepared meals, prepared meals and entrees consisting primarily of vegetables; dips, vegetable-based spreads, fruit-based spreads, legume-based spreads, dairy-based spreads, oil-based spreads, jellies, jams, compotes; milk substitutes; snack foods, namely, fruit-based snack bars, fruit-based meal replacement bars, vegetable-based meal replacement bars, soups; snack dips; vegetable-based spreads, legume-based spreads; non-dairy vegetable spreads; non-dairy oil-based spreads; potato crisps; cheese substitutes, cream cheese substitutes, butter substitutes, sour cream substitutes, yogurt substitutes and beverages based on yogurt substitutes; meat substitutes |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Promoting the goods and services of others by providing a website featuring coupons, rebates, and discount information relating to food, nutrition and recipes; promoting the goods and services of others through the distribution of discount cards; advertising the goods and services of others through all public communication means; promoting the sale of goods and services of others by means of promotional contests provided over the internet; food services, namely, wholesale distributorship services featuring foods for use in food service channels of trade, namely, services provided to retailers and wholesalers in providing foods for subsequent resale; the bringing together, for the benefit of others, of food, excluding the transport thereof, enabling customers to conveniently view and purchase those goods by means of vending machines |
| Goods and Services | Regenerative agriculture services, namely advisory and consultancy services relating to sustainable agriculture and horticulture; providing nutritional information about food |
| Goods and Services | Food services, namely, providing food and drink; preparation of food and beverages to customer specifications; food service services, namely, selling foods for use in restaurants, cafés, bakeries and similar businesses providing customers with food and beverages ready for consumption; manufacturing, packaging, and distribution of food and beverage products prepared to customer specifications for use in restaurants; catering for the provision of food and beverages; restaurant, catering and café services; providing of food and drink via a mobile truck; providing information in the field of cooking and recipes; mobile catering services |
| Goods and Services | Fresh fruits and vegetables; fresh potatoes, baby potatoes, and sweet potatoes; chilled fresh potatoes, baby potatoes, and sweet potatoes; and packaged fresh potatoes, baby potatoes, and sweet potatoes; fresh vegetables |
| Goods and Services | Providing temporary use of online non-downloadable software for creating and viewing non-fungible tokens (NFTs). providing temporary use of non-downloadable virtual reality software for education in the field of food, cooking, nutrition and recipes; educational software containing topics of instruction in the field of cooking, nutrition and recipes; providing temporary use of non-downloadable Proof of Attendance Protocols (POAPs) and non-fungible token (NFT) badges; providing temporary use of non-downloadable computer programs featuring food for use in online virtual worlds and food ordering and delivery in the real world; providing temporary use of non-downloadable computer game programs; providing temporary use of non-downloadable computer programs for creating badges for use in online virtual worlds; providing temporary use of non-downloadable computer programs for creating stickers for use in online virtual worlds; providing temporary use of non-downloadable virtual reality game programs |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, April 20, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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, April 20, 2023 |
| 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, April 20, 2023 |
| 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 | 6 - Active |
| Class Status Date | Thursday, April 20, 2023 |
| Primary Code | 031 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, April 20, 2023 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, April 20, 2023 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, April 20, 2023 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, April 20, 2023 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, April 20, 2023 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | McCain Foods Limited |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | New Brunswick E7L1B2 CA |
| Event Date | Event Description |
| Saturday, April 1, 2023 | NEW APPLICATION ENTERED |
| Thursday, April 20, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, April 21, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, December 22, 2023 | ASSIGNED TO EXAMINER |
| Friday, February 2, 2024 | EXAMINERS AMENDMENT AND/OR PRIORITY ACTION - COMPLETED |
| Friday, February 2, 2024 | EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Friday, February 2, 2024 | NOTIFICATION OF EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Sunday, February 4, 2024 | ASSIGNED TO LIE |
| Monday, February 5, 2024 | COMBINED EXAMINER'S AMENDMENT/PRIORITY ACTION ENTERED |
| Thursday, May 2, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, May 2, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, May 2, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |