| Serial Number | 79207087 |
| Word Mark | MULINO BIANCO BARILLA BAIOCCHI HAZELNUTAND COCOA CRÈME SANDWICH COOKIE PREMIUM ITALIAN BAKERY PRODUCT OF ITALY NET WT 5.29OZ(150GE) |
| Filing Date | Monday, January 16, 2017 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, November 15, 2024 |
| Registration Number | 5455650 |
| Registration Date | Tuesday, May 1, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 13, 2018 |
| Goods and Services | COFFEE, COCOA, SUGAR, RICE, TAPIOCA, SAGO, ARTIFICIAL COFFEE; FLOUR; PREPARATIONS MADE FROM CEREALS, NAMELY, CEREAL-BASED BARS, BREAKFAST CEREALS; BREAD; BREAD SUBSTITUTES AND OTHER BREAD PRODUCTS, NAMELY, BREAD STICKS, CRACKERS, RUSKS AND TOASTING BREAD; CEREAL-BASED SNACK FOOD; BISCUITS, PASTRY AND CONFECTIONERY MADE OF SUGAR; CHOCOLATE AND CHOCOLATE-BASED PRODUCTS AND PRODUCTS CONTAINING CHOCOLATE, NAMELY, COOKIES, CHOCOLATE BARS, CHOCOLATE CANDIES, CHOCOLATE BASED SNACK FOOD, CHOCOLATE COVERED NUTS; BAKERY GOODS; FLOUR-BASED SNACKS AND SWEET SNACKS CONFECTIONERY, NAMELY, CAKES, COOKIES AND BISCUITS; CAKE MIXES; PIZZAS AND PREPARATIONS FOR PIZZAS, NAMELY, PIZZA DOUGHS AND CRUSTS, PIZZA SAUCE, PIZZA CRUST MIXES, PREPARED AND FROZEN PIZZA CRUST; EDIBLE ICES; HONEY, TREACLE; YEAST, BAKING-POWDER; SALT, MUSTARD; VINEGAR, SAUCES AS CONDIMENTS; SPICES; ICE |
| Description of Mark | The mark consists of a two-dimensional design of packaging for the goods where the bottom third of the package is beige with a design featuring flowers and wheat in dark and light shades of beige. Over the beige background are the words "PREMIUM ITALIAN BAKERY" in dark brown, above a short dark brown line, and below the line is the wording "NET WT 5.29OZ(150GE)" in dark brown. A map of Italy and the words "PRODUCT OF ITALY", all in dark brown also appear on the beige background. The top two-thirds of the package is white with a gold stripe separating the white and beige parts of the packaging. At the top of the package against the white background is a design featuring a circle surrounded by bundles of wheat and flowers, all in dark brown. The inside of the circle is white with a dark brown landscape featuring a farmhouse and watermill. Extending from the circle is a white banner outlined in dark brown with the words "MULINO BIANCO" in dark brown. Below the banner is a red oval with the word "BARILLA" in white. The red oval is inside a white oval outlined in red. Below the ovals are the words "BAIOCCHI" in dark brown and below those words are the words "HAZELNUT AND COCOA CRÈME SANDWICH COOKIE", all in dark brown. Below these words, and partly overlapping with the bottom beige background, is the image of a beige cookie with chocolate dot on top and the wording "BAIOCCHI" imprinted next to brown cocoa powder and a brown hazelnut with a green leaf. Dark brown markings appear on the bottom beige portion of the side of the packaging. The dotted lines serve only to show the position of the mark. |
| Indication of Colors claimed | The color(s) brown, white, red, green, light beige, dark beige, beige and gold is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of "MULINO BIANCO" and "BAIOCCHI" in the mark is "white mill" and "shekels money". |
| NOT AVAILABLE | "HAZELNUT AND COCOA CRÈME SANDWICH COOKIE", "PREMIUM ITALIAN BAKERY", "PRODUCT OF ITALY", "NET WT. 5.29OZ(150 GE)" THE REPRESENTATION OF THE COOKIE, COCOA POWDER AND HAZELNUT AND THE REPRESENTATION OF THE MAP OF ITALY |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, November 15, 2024 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Barilla G. e R. Fratelli - Società per Azioni |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | IT |
| Party Name | Barilla G. e R. Fratelli - Societá per Azioni |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | IT |
| Party Name | Barilla G. e R. Fratelli - Societá per Azioni |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | IT |
| Event Date | Event Description |
| Thursday, May 11, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Saturday, May 13, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Saturday, May 13, 2017 | ASSIGNED TO EXAMINER |
| Wednesday, May 17, 2017 | APPLICATION FILING RECEIPT MAILED |
| Sunday, May 21, 2017 | NON-FINAL ACTION WRITTEN |
| Monday, May 22, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Saturday, June 3, 2017 | REFUSAL PROCESSED BY MPU |
| Saturday, June 3, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, June 24, 2017 | REFUSAL PROCESSED BY IB |
| Friday, December 1, 2017 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, December 1, 2017 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, December 1, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, December 1, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, December 1, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, December 22, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, December 22, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Friday, December 22, 2017 | EXAMINERS AMENDMENT E-MAILED |
| Friday, December 22, 2017 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, January 4, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, January 24, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, February 13, 2018 | PUBLISHED FOR OPPOSITION |
| Tuesday, February 13, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, May 1, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, August 1, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, August 14, 2018 | GENERIC MADRID TRANSACTION CREATED |
| Tuesday, August 14, 2018 | GENERIC MADRID TRANSACTION SENT TO IB |
| Friday, August 31, 2018 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, November 2, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, May 31, 2019 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, March 19, 2021 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Monday, October 17, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Monday, October 17, 2022 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, October 17, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, October 17, 2022 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Monday, May 1, 2023 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, November 15, 2024 | CANCELLED SECTION 71 |