| Serial Number | 79207064 |
| Word Mark | MULINO BIANCO BARILLA CUORICINI CHOCOLATE CHIP HEART-SHAPED COOKIE PREMIUM ITALIAN BAKERY PRODUCT OF ITALY |
| Filing Date | Monday, January 16, 2017 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, November 1, 2024 |
| Registration Number | 5445492 |
| Registration Date | Tuesday, April 17, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, January 30, 2018 |
| Goods and Services | COFFEE, COCOA, SUGAR, RICE, TAPIOCA, SAGO, ARTIFICIAL COFFEE; FLOUR; PREPARATIONS MADE FROM CEREALS, BREAD, BREAD SUBSTITUTES AND OTHER BREAD PRODUCTS, NAMELY, CEREAL-BASED BARS, BREAKFAST CEREALS, BREAD, BREAD STICKS, CRACKERS, RUSKS AND TOASTING BREAD; CEREAL-BASED SNACK FOOD; BISCUITS, PASTRY AND CONFECTIONERY MADE OF SUGAR; CHOCOLATE; CHOCOLATE-BASED PRODUCTS OR PRODUCTS CONTAINING CHOCOLATE, NAMELY, CHOCOLATE BARS, CHOCOLATE CANDIES, CHOCOLATE BASED SNACK FOOD, CHOCOLATE COVERED NUTS; BAKERY GOODS; SNACKS, NAMELY, GRAIN-BASED AND CEREAL-BASED SNACK FOODS; SWEET SNACKS MADE FROM CEREALS, NAMELY, CHOCOLATE-BASED SNACK FOODS, CAKES, COOKIES AND BISCUITS; CAKE MIXES; PIZZAS; 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 "CUORICINI" in dark brown and below those words are the words "CHOCOLATE CHIP HEART-SHAPED COOKIE", all in dark brown. Below these words, and partly overlapping with the bottom beige background, is the image of a heart shaped cookie with chocolate chips next to large dark brown chocolate pieces. 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, 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 "CUORICINI" in the mark is "white mill" and "little hearts". |
| NOT AVAILABLE | "CHOCOLATE CHIP HEART-SHAPED COOKIE", "CUORICINI", "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 1, 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 | 09 - Joint Stock Company |
| Address | IT |
| Party Name | Barilla G. e R. Fratelli - Societá per Azioni |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | IT |
| Party Name | Barilla G. e R. Fratelli - Societá per Azioni |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | IT |
| Event Date | Event Description |
| Saturday, May 13, 2017 | ASSIGNED TO EXAMINER |
| Saturday, June 10, 2017 | REFUSAL PROCESSED BY IB |
| Wednesday, November 22, 2017 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, May 11, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Saturday, May 13, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| 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 |
| Tuesday, May 23, 2017 | REFUSAL PROCESSED BY MPU |
| Tuesday, May 23, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, November 22, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, December 15, 2017 | EXAMINERS AMENDMENT E-MAILED |
| Friday, December 15, 2017 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Friday, December 15, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, January 10, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, January 10, 2018 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, January 10, 2018 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Saturday, January 27, 2018 | NOTIFICATION PROCESSED BY IB |
| Tuesday, January 30, 2018 | PUBLISHED FOR OPPOSITION |
| Tuesday, January 30, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, April 17, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, July 17, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Wednesday, August 1, 2018 | GENERIC MADRID TRANSACTION CREATED |
| Friday, August 31, 2018 | NEW REPRESENTATIVE AT IB RECEIVED |
| Wednesday, November 22, 2017 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, November 22, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, November 23, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, December 15, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, December 15, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, August 1, 2018 | GENERIC MADRID TRANSACTION SENT TO IB |
| Friday, November 9, 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 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, October 17, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, October 17, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Monday, October 17, 2022 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Monday, April 17, 2023 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, November 1, 2024 | CANCELLED SECTION 71 |