| Serial Number | 79239502 |
| Word Mark | MERRYBERRY CARPATHIAN BLUEBERRIES |
| Filing Date | Wednesday, March 14, 2018 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, July 2, 2019 |
| Registration Number | 5790626 |
| Registration Date | Tuesday, July 2, 2019 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, April 16, 2019 |
| Goods and Services | Fresh fruits processing and dehydrating services; preservation services for fresh fruits, processed fruits, boiled and/or cooked fruits |
| Description of Mark | The mark consists of the text "MERRYBERRY" in violet, centrally, featuring a depiction of a bear facing forward, also, in violet with its violet paws over a horizontal, violet line holding two green leaves; the text "CARPATHIAN BLUEBERRIES", in lower fonts, stylized, in green, appears beneath the wording "MERRYBERRY". The color white represents transparent background and is not claimed as a feature of the mark. |
| Goods and Services | Jams, compotes, jellies, sweet jams, especially made of or with blueberries; fruit purees, especially blueberries purees; fruit pulp; fruit chips; fruit salads; fruits preserved in alcohol; fruit-based snack food; processed fruits, especially dried, dehydrated, preserved, canned, cooked, boiled blueberries; canned fruit |
| Goods and Services | Transport and storage services for fresh unprocessed fruits and for processed fruits, for canned fruits, boiled and/or cooked fruits |
| Description of the Colors Claimed | The text "merryberry" in violet, centrally, featuring a depiction of a bear facing forward, also, in violet; the text "CARPATHIAN BLUEBERRIES", in lower fonts, stylized, in green, in secondary position within the mark. |
| Pseudo Mark | MERRY BERRY CARPATHIAN BLUEBERRIES |
| Indication of Colors claimed | The color(s) violet and green is/are claimed as a feature of the mark. |
| Goods and Services | Advertising and online and offline promotional services and bringing together for the benefit of third parties of goods especially fruits, fresh unprocessed blueberries, dried, dehydrated, preserved, canned, cooked, boiled blueberries, jams, compotes, sweet jams, jellies made with fruits or fruit based, especially blueberries, fruit purees, and especially blueberries purees, fruit pulp, fruit chips, fruit salads, fruits preserved in alcohol, fruit-based snack food, fruit cans, fruit juices, especially blueberries juices, fruit syrups and other refreshing beverages, including fruit based carbonated beverages except their transport, enabling customers to conveniently purchase those goods; retail and wholesale store services, including in on-line environment of fruits, fresh unprocessed blueberries, dried, dehydrated, preserved, canned, cooked, boiled blueberries, jams, compotes, sweet jams, jellies made with fruits or fruit based, especially blueberries, fruit purees, and especially blueberries purees, fruit pulp, fruit chips, fruit salads, fruits preserved in alcohol, fruit-based snack food, fruit cans, fruit juices, especially blueberries juices, fruit syrups and other refreshing beverages, including fruit based carbonated beverages, through stores and online portals |
| Goods and Services | Services in the field of agriculture, especially relating to blueberry plantations, namely, planting, growing, fertilizing, pruning and picking blueberries for others |
| NOT AVAILABLE | "CARPATHIAN BLUEBERRIES" |
| Goods and Services | Fresh fruit juices; processed fruit juices; fruits syrups for beverages; fruit refreshing beverages, including carbonated beverages |
| Goods and Services | Fresh unprocessed fruits, and especially blueberries; blueberry plantation, namely live blueberry plants |
| International Class | 040 - Treatment of materials. |
| US Class Codes | 100, 103, 106 |
| Class Status Code | 6 - Active |
| Class Status Date | Sunday, August 26, 2018 |
| Primary Code | 040 |
| 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 | Sunday, August 26, 2018 |
| Primary Code | 029 |
| 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 | Sunday, August 26, 2018 |
| 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 | 6 - Active |
| Class Status Date | Sunday, August 26, 2018 |
| Primary Code | 032 |
| 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 | Sunday, August 26, 2018 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 039 - Transport; packaging and storage of goods; travel arrangement. |
| US Class Codes | 100, 105 |
| Class Status Code | 6 - Active |
| Class Status Date | Sunday, August 26, 2018 |
| Primary Code | 039 |
| 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 | Sunday, August 26, 2018 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | MERRYBERRY SRL |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | RO |
| Party Name | MERRYBERRY SRL |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | RO |
| Party Name | MERRYBERRY SRL |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | RO |
| Event Date | Event Description |
| Thursday, August 30, 2018 | APPLICATION FILING RECEIPT MAILED |
| Thursday, August 23, 2018 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Sunday, August 26, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Sunday, August 26, 2018 | ASSIGNED TO EXAMINER |
| Monday, August 27, 2018 | NON-FINAL ACTION WRITTEN |
| Tuesday, August 28, 2018 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Saturday, September 29, 2018 | REFUSAL PROCESSED BY IB |
| Friday, September 7, 2018 | REFUSAL PROCESSED BY MPU |
| Friday, September 7, 2018 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, February 14, 2019 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, February 14, 2019 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, February 28, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, February 28, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, March 1, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, March 4, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, April 16, 2019 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, March 27, 2019 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, April 16, 2019 | PUBLISHED FOR OPPOSITION |
| Tuesday, July 2, 2019 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, September 19, 2019 | NEW REPRESENTATIVE AT IB RECEIVED |
| Wednesday, October 2, 2019 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Wednesday, October 16, 2019 | FINAL DISPOSITION PROCESSED |
| Wednesday, October 16, 2019 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, November 1, 2019 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Monday, June 10, 2024 | NEW REPRESENTATIVE AT IB RECEIVED |