| Serial Number | 79204892 |
| Word Mark | MESSINA 2002 |
| Filing Date | Monday, December 5, 2016 |
| Status | 739 - Section 71 & 15 - ACCEPTED AND ACKNOWLEDGED |
| Status Date | Monday, October 28, 2024 |
| Registration Number | 5372203 |
| Registration Date | Tuesday, January 9, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 26, 2017 |
| Description of Mark | The mark consists of a rectangle containing overlapping maroon, orange and beige rectangular and square shapes. Several of the rectangles contain bands of overlapping beige and brown circles. in the center of the mark, inside a large beige square that is outlined in brown and maroon, is a brown rectangle containing the word "MESSINA" in beige stylized lettering. beneath the rectangle is the number "2002" in brown. to the left of the large square is a smaller beige square that is outlined in brown and maroon, that contains a small brown rectangle containing the word "MESSINA" in small, beige stylized letters. Beneath the rectangle is the number "2002" in a small brown font. |
| Pseudo Mark | MESSINA TWO THOUSAND TWO |
| Indication of Colors claimed | The color(s) beige, brown, orange and maroon is/are claimed as a feature of the mark. |
| Goods and Services | Wholesale distributorships and retail store services featuring dairy ice cream, gelato, ice cream, ice cream bars, ice cream cones, ice cream confectionery, ice cream desserts, ice cream products, ice cream sandwiches, ice cream stick bars, non-dairy ice cream, soya based ice cream products, yoghurt based ice cream with ice cream predominating, frozen beverages, edible ices, frozen cakes, frozen confectionery, frozen confections, frozen dairy confections, frozen desserts, frozen ices, frozen pastries, confectionery ices in the nature of frozen yoghurt, confectionery ices in the nature of frozen yogurt, non-dairy frozen dessert products, edible ices, fruit ices, ices, ices in the nature of sherbets, water ices in the nature of sherbets, ices in the nature of sorbets, water ices in the nature of sorbets, water ices, pastries, cakes, biscuits, chocolate biscuits, chocolate coated biscuits, chocolate covered biscuits, chocolate covered wafer biscuits, wafer biscuits, chocolate, chocolate bars, beverages having a milk base, dried milk, dried milk powder, dried milk products, drinks based predominantly on milk, flavoured milk, flavoured milk powder for making drinks, fruit flavoured beverages having a milk base, milk, milk based beverages with milk predominating, milk based drinks with milk predominating, milk based products with milk predominating, milk beverages with milk predominating, milkshakes, milkshakes, powdered milk other than for babies, milk based preparations for making beverages, preparations for making milk beverages, preparations for making milk shakes, preparations made from milk, protein milk, soya bean milk, soya milk, butter, dairy based beverages and powders, dairy produce, dairy products, spreads made from dairy products, dairy spreads, dairy based dips, desserts made wholly or principally of dairy products, drinks made from dairy products, fruit based dairy products, soya based dairy substitutes, yoghurt, yoghurt based drinks, yoghurt drinks, yoghurt products, yoghurts containing pulped fruits, soya yoghurt, soya based beverages not being dairy substitutes, soya-based beverages, other than milk substitutes, smoothies; retailing of goods by any means, namely, retail store services featuring gelato and desserts provided via downloadable mobile applications and wireless communications; business administration for franchises; marketing; business franchising services, namely, consultation and assistance in business management, organization and promotion; group purchasing namely, procuring of contracts for others for the purchase of goods and labor contracting services; group advertising; promotional services, namely, promoting the goods of others by providing online gift cards, gift certificates and coupons |
| NOT AVAILABLE | "2002" |
| Goods and Services | Restaurants; providing food and drink; food and drink catering; provision of carry out foods and beverages; cafe services; cafes; coffee shop services; ice cream shop services in the nature of a restaurant; gelato shop services in the nature of a restaurant; ice cream parlour services; providing information and online information on services for providing food and drink, and temporary accommodation; take away food services; take-out food and beverage services; takeaway food and drink services; bar services; snack bars for the provision of food and drink; snack-bars; wine bar services |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, April 14, 2017 |
| Primary Code | 035 |
| 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 | Friday, April 14, 2017 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Gelato Messina Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | Marrickville NSW 2204 AU |
| Party Name | Gelato Messina Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Gelato Messina Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Event Date | Event Description |
| Thursday, April 13, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, April 14, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, April 14, 2017 | ASSIGNED TO EXAMINER |
| Tuesday, April 18, 2017 | APPLICATION FILING RECEIPT MAILED |
| Monday, April 24, 2017 | NON-FINAL ACTION WRITTEN |
| Tuesday, April 25, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, April 26, 2017 | REFUSAL PROCESSED BY MPU |
| Wednesday, April 26, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, May 13, 2017 | REFUSAL PROCESSED BY IB |
| Thursday, August 24, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, August 24, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, August 25, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, August 31, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, August 31, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, August 31, 2017 | EXAMINERS AMENDMENT MAILED |
| Friday, September 8, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, September 15, 2017 | ON HOLD - ELECTRONIC RECORD REVIEW REQUIRED |
| Wednesday, September 20, 2017 | ELECTRONIC RECORD REVIEW COMPLETE |
| Wednesday, October 4, 2017 | NOTICE OF PUBLICATION |
| Wednesday, October 4, 2017 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, October 4, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Saturday, October 21, 2017 | NOTIFICATION PROCESSED BY IB |
| Tuesday, October 24, 2017 | PUBLISHED FOR OPPOSITION |
| Friday, October 27, 2017 | LIMITATION OF GOODS RECEIVED FROM IB |
| Thursday, November 16, 2017 | LIMITATION FROM THE IB - REQUEST EXAM REVIEW |
| Monday, November 20, 2017 | ATTORNEY REVIEW COMPLETED |
| Wednesday, December 6, 2017 | NOTICE OF PUBLICATION |
| Tuesday, December 26, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, January 9, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Friday, February 9, 2018 | ON HOLD - ELECTRONIC RECORD REVIEW REQUIRED |
| Monday, April 9, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, April 10, 2018 | ELECTRONIC RECORD REVIEW COMPLETE |
| Tuesday, April 17, 2018 | FINAL DISPOSITION PROCESSED |
| Tuesday, April 17, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, June 1, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Saturday, August 5, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Sunday, November 19, 2023 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Tuesday, February 27, 2024 | TEAS SECTION 71 & 15 RECEIVED |
| Wednesday, October 23, 2024 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Monday, October 28, 2024 | REGISTERED - SEC. 71 ACCEPTED & SEC. 15 ACK. |
| Monday, October 28, 2024 | NOTICE OF ACCEPTANCE OF SEC. 71 & 15 - E-MAILED |