| Serial Number | 79206977 |
| Word Mark | MULINO BIANCO BARILLA SFILATI OVEN BAKED BREADSTICKS WITH TOMATO AND OREGANO PREMIUM ITALIAN BAKERY PRODUCT OF ITALY |
| Filing Date | Monday, January 16, 2017 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, October 25, 2024 |
| Registration Number | 5440468 |
| Registration Date | Tuesday, April 10, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, January 23, 2018 |
| Goods and Services | COFFEE, COCOA, SUGAR, RICE, TAPIOCA, SAGO, ARTIFICIAL COFFEE; FLOUR AND PREPARATIONS MADE FROM CEREALS IN THE NATURE OF CEREAL-BASED BARS AND BREAKFAST 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 AND CHOCOLATE-BASED PRODUCTS OR PRODUCTS CONTAINING CHOCOLATE, NAMELY, CHOCOLATE BARS, CHOCOLATE CANDIES, CHOCOLATE BASED SNACK FOOD, CHOCOLATE COVERED NUTS; BAKERY GOODS; SNACKS AND SWEET SNACKS MADE FROM CEREALS, 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 small horizontal line and the words "NET WT 7.05 oz (200ge)" in dark brown below. 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 part of the package from the beige part. 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 "SFILATI" in dark brown and below this are the words "OVEN BAKED BREADSTICKS WITH TOMATO AND OREGANO" in dark brown. Below these words, and partly overlapping with the bottom beige background, are images of two whole and one half tomatoes in shades of red with green stalks, and three bread sticks in light brown with red and green flecks. Grey markings appear on the side of the package. The dotted lines serve only to show the position of the mark. |
| Indication of Colors claimed | The color(s) brown, white, red, green, beige, gold and grey is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of "MULINO BIANCO" and "SFILATI" in the mark is "WHITE MILL" and "FRENCH LOAVES". |
| NOT AVAILABLE | "OVEN BAKED BREADSTICKS WITH TOMATO AND OREGANO", "PREMIUM ITALIAN BAKERY", "PRODUCT OF ITALY," "NET WT 7.05 OZ (200GE)" THE REPRESENTATION OF THE TOMATOES AND BREADSTICKS 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, October 25, 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 |
| Tuesday, May 16, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, May 11, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, May 12, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, May 12, 2017 | ASSIGNED TO EXAMINER |
| Monday, May 15, 2017 | NON-FINAL ACTION WRITTEN |
| Tuesday, May 16, 2017 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, November 22, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, November 27, 2017 | FINAL REFUSAL WRITTEN |
| Monday, November 27, 2017 | FINAL REFUSAL E-MAILED |
| Friday, May 26, 2017 | REFUSAL PROCESSED BY MPU |
| Friday, May 26, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, June 17, 2017 | REFUSAL PROCESSED BY IB |
| Wednesday, November 22, 2017 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP 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 |
| Monday, November 27, 2017 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, December 5, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Monday, December 11, 2017 | EXAMINERS AMENDMENT E-MAILED |
| Monday, December 11, 2017 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, December 11, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, December 5, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, December 5, 2017 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, December 5, 2017 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, December 11, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, December 11, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, January 3, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, January 3, 2018 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, January 3, 2018 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Friday, January 19, 2018 | NOTIFICATION PROCESSED BY IB |
| Tuesday, January 23, 2018 | PUBLISHED FOR OPPOSITION |
| Tuesday, April 10, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Saturday, July 28, 2018 | GENERIC MADRID TRANSACTION SENT TO IB |
| Tuesday, January 23, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, July 10, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Saturday, July 28, 2018 | GENERIC MADRID TRANSACTION CREATED |
| Friday, August 31, 2018 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, October 12, 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 DOMESTIC REPRESENTATIVES ADDRESS |
| Monday, October 17, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, October 17, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Monday, April 10, 2023 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, October 25, 2024 | CANCELLED SECTION 71 |