| Serial Number | 79181727 |
| Word Mark | MY BEST VEGGIE |
| Filing Date | Monday, August 17, 2015 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, July 7, 2023 |
| Registration Number | 5107098 |
| Registration Date | Tuesday, December 27, 2016 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 11, 2016 |
| Goods and Services | Vegetarian foodstuffs based on cereal products, yeast and/or spice pastes, namely, processed cereal-based food to be used as a breakfast food, snack food or ingredient for making other foods, yeast, yeast extracts, yeast powder, garlic paste for use as a seasoning, ginger paste for use as a seasoning, curry paste, chili paste for use as a seasoning; foodstuffs made from cereal products or other vegetable products, namely, rice, noodles; sauces with a vegetable base; prepared foodstuffs in the form of frozen, prepared, or packaged vegetarian meals or snacks consisting primarily of flour or processed cereals; ready-to-eat meals consisting primarily of vegetarian foodstuffs based on cereal products, yeast and/or spice pastes, namely, ready-to-eat meals consisting primarily of cereal bars, yeast, yeast extracts, yeast powder, garlic paste for use as a seasoning, ginger paste for use as a seasoning, curry paste, and/or chili paste for use as a seasoning; dietetic foodstuffs with a base of carbohydrates not adapted for medical use, namely, cereal based snack food, baked and pre-baked dietetic bread, dietetic pastries, cookies, and rolls; dietetic foodstuffs based on sweetening substitutes not adapted for medical use, namely, sweet spreads consisting primarily of honey, nut-nougat-creme and/or chocolate; dietetic foodstuffs based on sweetening substitutes not adapted for medical use, namely, desserts made of yoghurt, curd, or cream, namely, parfaits, junket in the nature of custard, and dessert yoghurts excluding frozen yoghurt in the nature of yogurt-covered pretzels, yogurt-covered nuts, and yogurt-covered fruits, and dessert puddings |
| Description of Mark | The mark consists of the stylized wording "MY BEST VEGGIE" in yellow on a green beet design with a green leaf. The color white merely represents transparent background and is not claimed as a feature of the mark. |
| Goods and Services | Vegetarian foodstuffs in the nature of vegetable-based meat substitutes, including soya and/or algae; foodstuffs, namely, vegetarian delicatessen food in the nature of vegetable-based meat substitutes, vegetarian mixtures for bread slices in the nature of vegetable-based jellies and spreads, tofu, tofu-based snacks, processed fruits and vegetables; frozen, prepared or packaged vegetarian ready-to-eat meals consisting primarily of vegetables and/or meat substitutes; vegetarian sausages; frozen vegetables; frozen vegetable-based entrees; pre-prepared vegetarian snacks based on cooked, dried or fresh vegetables; vegetable based meat substitutes; vegetable burger patties; preserved, dried and cooked fruits and vegetables; soya and soya-based foodstuffs, namely, preserved soya beans for food, soya milk, processed soy beans, soy-based snack foods, soy-based food bars, soy burger patties, soy-based food beverage used as a milk substitute; fish, fruit and vegetables conserves; jellies; marmalade; fruit, stewed; dietetic foodstuffs based on fat replacers not adapted for medical use, namely, margarine and edible vegetable oils; foodstuffs made from vegetable products, namely, processed pulses |
| Goods and Services | Dietetic foodstuffs and substances adapted for medical use, namely, pasta, crackers, snack foods in the nature of potato chips and crisps, cookies, food for babies, and dietary supplements; dietetic preparations adapted for medical use, namely, sugar, sugar substitutes, dietary supplements; dietetic beverages adapted for medical purposes, namely, vegetable juice, vegetable drinks, dietary supplement drinks in the nature of vitamin and mineral beverages, dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes |
| Indication of Colors claimed | The color(s) green and yellow is/are claimed as a feature of the mark. |
| Goods and Services | Alcoholic beverages except beers |
| Goods and Services | Beer; non-alcoholic beverages, namely, soft drinks, carbonated beverages, beverages flavored with tea, beverages flavored with coffee, water beverages; fruit juice and fruit drinks; vegetable drinks and vegetable juices; smoothies; syrups and other preparations for making beverages, namely, soft drinks, non-alcoholic carbonated beverages, water beverages, fruit drinks, and vegetable drinks |
| Disclaimer with Predetermined Text | "BEST VEGGIE" |
| Goods and Services | Fresh fruits and vegetables; garden herbs, fresh; fresh nuts |
| International Class | 005 - Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| US Class Codes | 006, 018, 044, 046, 051, 052 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, July 7, 2023 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, July 7, 2023 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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, July 7, 2023 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. |
| US Class Codes | 001, 046 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, July 7, 2023 |
| Primary Code | 031 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 032 - Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. |
| US Class Codes | 045, 046, 048 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, July 7, 2023 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, July 7, 2023 |
| Primary Code | 033 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Event Date | Event Description |
| Sunday, April 7, 2024 | TOTAL INVALIDATION PROCESSED BY THE IB |
| Saturday, March 16, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Saturday, March 16, 2024 | INVALIDATION PROCESSED |
| Thursday, March 7, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, July 7, 2023 | CANCELLED SECTION 71 |
| Saturday, January 21, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Monday, December 27, 2021 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Monday, January 25, 2021 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, January 25, 2021 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, January 25, 2021 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, July 2, 2019 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, August 16, 2018 | NEW REPRESENTATIVE AT IB RECEIVED |
| Saturday, April 22, 2017 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, March 30, 2017 | FINAL DISPOSITION NOTICE SENT TO IB |
| Thursday, March 30, 2017 | FINAL DISPOSITION PROCESSED |
| Monday, March 27, 2017 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, December 27, 2016 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, November 17, 2016 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Friday, October 28, 2016 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Tuesday, October 11, 2016 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, October 11, 2016 | PUBLISHED FOR OPPOSITION |
| Wednesday, September 21, 2016 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, September 21, 2016 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, September 21, 2016 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, August 31, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, August 30, 2016 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, August 30, 2016 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, August 30, 2016 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, August 30, 2016 | EXAMINERS AMENDMENT -WRITTEN |
| Saturday, August 13, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, August 12, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, August 12, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, March 4, 2016 | REFUSAL PROCESSED BY IB |
| Saturday, February 13, 2016 | APPLICATION FILING RECEIPT MAILED |
| Friday, February 12, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, February 12, 2016 | REFUSAL PROCESSED BY MPU |
| Thursday, February 11, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, February 10, 2016 | NON-FINAL ACTION WRITTEN |
| Tuesday, February 9, 2016 | ASSIGNED TO EXAMINER |
| Tuesday, February 9, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, February 4, 2016 | SN ASSIGNED FOR SECT 66A APPL FROM IB |