| Serial Number | 79380697 |
| Word Mark | MOLTEN CAKE CO. |
| Filing Date | Friday, June 9, 2023 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, September 24, 2024 |
| Registration Number | 7510491 |
| Registration Date | Tuesday, September 24, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, July 9, 2024 |
| Goods and Services | Flour and preparations made from cereals, namely, pastry, muffins, crumpets, popcorn; snack food products, namely, muesli bars, muffins, scones, crumpets made from or consisting of cereals; grain-based food bars also containing nuts and dried fruit; spices; sugar; natural sweeteners and sugar substitutes for culinary purposes; honey, golden syrup, treacle; baking powder; baking soda; essences for use in baking and food preparation, namely, coffee essences, tea essence, edible extracts for foodstuffs other than essential oils, vanilla and vanilla flavorings for food or beverages; custard and custard mixes; pancake syrup; syrups for food, namely, organic date syrup; fruit coulis; prepared chocolate based dips and spreads; flavorings, other than essential oils, purposed for making and to flavor soups; snack foods, namely, snack foods consisting predominantly of grains, corns, or cereals, cereal based snack foods for sports performance, cereal based snack food bars; biscuits; crackers; dessert puddings; croutons; pies; pastries; bread; popcorn; cookies; confectionery, namely, frozen confectionery; ice cream; ice cream products, namely, starch-based binding agents for ice cream, powders for making ice cream; frozen yoghurt; ice and edible ices; cakes; iced cakes; fruit cakes; snack cakes; sponge cakes; cake mixes; cake pops; tea cakes; bakery desserts; bakery goods and dessert items, namely, cakes, cookies, pastries, candies, and frozen confections; edible cake decorations; cocoa and cocoa-based products, namely, cocoa spread, cocoa powder, cocoa mixes, cocoa based beverages; chocolate and chocolate products, namely, chocolate mousses, frozen hot chocolate, chocolate cake, chocolate chips, filled chocolate, chocolate pastes, chocolate candies, beverages with a chocolate base, chocolate covered fruit, chocolate fondue, chocolate covered nuts, chocolate sauce, and chocolate truffles; fruit sauces; chilled desserts, namely, dessert souffles, flavored, sweetened gelatin desserts, dessert mousse, frozen desserts consisting of flavored ice blocks with toppings, frozen soy-based ice-cream substitutes, frozen cashew-based ice-cream substitutes, ice cream desserts |
| Indication of Colors claimed | The color(s) red and white is/are claimed as a feature of the mark. |
| NOT AVAILABLE | CAKE. CO. |
| Description of Mark | The mark consists of a red banner folded back at the top; inside the banner is the stylized wording "MOLTEN CAKE CO." in white above a design of a red and white cake on a white plate with white steam rising from the cake. |
| 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 | Wednesday, October 18, 2023 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | WALTER & WILD GROUP LIMITED |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | NZ |
| Party Name | WALTER & WILD GROUP LIMITED |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | NZ |
| Party Name | WALTER & WILD GROUP LIMITED |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | NZ |
| Event Date | Event Description |
| Thursday, October 12, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Wednesday, October 18, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, October 24, 2023 | APPLICATION FILING RECEIPT MAILED |
| Thursday, February 29, 2024 | ASSIGNED TO EXAMINER |
| Thursday, March 7, 2024 | NON-FINAL ACTION WRITTEN |
| Friday, March 8, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, March 28, 2024 | REFUSAL PROCESSED BY MPU |
| Thursday, March 28, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, April 24, 2024 | REFUSAL PROCESSED BY IB |
| Wednesday, May 22, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, May 22, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, May 22, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, June 6, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, June 19, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, July 9, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, July 9, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, September 24, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, September 24, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, December 24, 2024 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Thursday, February 27, 2025 | FINAL DISPOSITION PROCESSED |
| Thursday, February 27, 2025 | FINAL DISPOSITION NOTICE SENT TO IB |
| Tuesday, March 11, 2025 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Tuesday, March 11, 2025 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Saturday, March 22, 2025 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Saturday, March 29, 2025 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Thursday, September 11, 2025 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, September 11, 2025 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, September 11, 2025 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, December 5, 2025 | NEW REPRESENTATIVE AT IB RECEIVED |