| Serial Number | 79340159 |
| Word Mark | NEXBA |
| Filing Date | Wednesday, November 24, 2021 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, June 18, 2024 |
| Registration Number | 7416113 |
| Registration Date | Tuesday, June 18, 2024 |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, April 2, 2024 |
| Goods and Services | Coffee, tea, cocoa and artificial coffee; aromatic teas other than for medicinal use; artificial tea other than for medicinal use; beverages made of tea; beverages with tea base; chai tea; fruit flavoured tea other than for medicinal use; fruit tea other than for medical purposes; herb tea not for medical purposes; herb tea-based beverages not for medical purposes; herbal tea other than for medicinal use; iced tea; instant tea other than for medicinal purposes; yerba mate tea; milk chocolate teacakes; non-medicated tea bags; non-medicated tea based beverages; non-medicated tea beverages; non-medicated tea extracts; non-medicated tea products, namely, herbal teas for food purposes; packaged tea other than for medicinal use; preparations for making tea-based beverages, namely, tea extracts; preparations with a coffee and tea base, namely, tea extracts, processed tea leaves and brewed coffee; tea essence, namely, tea extracts; tea-based beverages; additives for coffee, being flavourings, other than essential oils; artificial coffee; beverages consisting principally of coffee; beverages made from coffee; beverages with coffee base; chocolate flavored coffee; coffee beans; coffee beverages; coffee beverages with milk; coffee concentrates, namely, coffee essences and coffee extracts; coffee drinks; coffee essences; coffee extracts; coffee flavourings; coffee flavoring oils other than essential oils; coffee substitutes; coffee-based beverages; decaffeinated coffee; extracts of coffee for use as flavours in beverages; extracts of coffee for use as flavours in foodstuffs; flavoured coffee; ground coffee; iced beverages with a coffee base; instant coffee; malt extracts used as flavorings for coffee beverages; malt coffee extracts; vegetable based coffee substitutes; chocolate; chocolate bars; chocolate based beverages; chocolate beverages with milk; chocolate biscuits; chocolate cake; chocolate candy with fillings consisting of candy, dried fruit and nuts; chocolate caramel wafers; chocolate chips; chocolate coated biscuits; chocolate coated fruits; chocolate coated nuts; chocolate confectionery; chocolate essences for the preparation of confectionery; chocolate essences for the preparation of beverages; chocolate extracts; chocolate fudge; iced beverages with a chocolate base; liqueur chocolates; grain-based snack bars containing dried fruits; snack bars containing grains; grain-based snack bars containing nuts; grain-based chips being cereal products; corn chips; rice chips; vegetable flavoured corn chips; snack foods consisting principally of grain; snack foods prepared from grains; beverage flavourings, other than essential oils; sauces in the nature of condiments being oyster sauce and pepper sauce; tomato sauce; fruit ices; frozen confections being ices; non-dairy ice cream, namely, soy-based ice cream substitutes; dairy ice cream; chocolate, cacao, and coffee-based iced beverages; mixtures for making ice cream; shaved ice confections; chilled confections, namely, frozen yogurt confections; frozen confections; cereals products in bar form; cereal-based health food bars made from naturally prepared products; cereal based snack food; prepared snacks for human consumption made from cereals; rice based snack foods; snack bars consisting of chocolate; grain-based snack bars containing a mixture of grains and confectionary, namely, confectionary made from nuts and dried fruit and grain-based snack bars containing dried fruits and nuts; snack food products consisting of cereal products; snacks manufactured from cereals; snack food products made from soya flour; frozen desserts, excluding ice cream and frozen yoghurt; chocolate based spread also containing nuts; baking products, namely, flour and cake mixes; baking mixes and pre-mixes, namely, batter, cake, muffin, scone, crepe, pancake, pudding, cookie and pastry mixes; natural flavour enhancers used in food and beverage products; natural sweeteners for food and beverages; agave syrup for use as a natural sweetener; stevia based natural sweeteners; sugar substitutes |
| Goods and Services | Protein enriched milk, vegetable, nut and fruit preparations, namely, snack food products composed primarily of protein enriched milk, vegetables and nuts and snack food products composed of a combination of the foregoing; protein milk products, namely, products comprising primarily protein derived from milk for food purposes; preserved tomatoes; tomato concentrates being puree; preparations for use in whitening tea being vegetable based cream; vegetable based coffee whiteners, being coffee creamer; almond milk; almond milk for culinary purposes; almond milk based beverages; coconut milk; coconut milk for culinary purposes; coconut milk based beverages; hemp milk; hemp milk for culinary purposes; hemp milk based beverages; imitation milk, namely, coconut milk, almond milk, plant based milk; nut milk; nut milk for culinary purposes; nut milk based beverages; oat milk; oat milk for culinary purposes; oat milk based beverages; peanut milk; peanut milk for culinary purposes; peanut-milk based beverages; protein milk; rice milk; rice milk for culinary purposes; rice milk based beverages; soya bean milk; soya bean milk in liquid and solid form; soya milk; soya milk for culinary purposes; soya milk based beverages; preserved, dried and cooked fruits and vegetables; powders being dried and powdered fruit and vegetables and fruit and vegetable extracts for culinary purposes; protein-based meat substitutes in liquid, solid and powdered form for human consumption; protein nut-based snack bars; protein fruit-based snack bars; fruit and nut based snack food with added whey protein, namely snack bars and balls; fruit-based snack foods; food spreads consisting of vegetables and fruits; jams; compotes; meat substitutes; vegan meat products, namely, meat substitutes for food purposes; vegetarian meat products, namely, meat substitutes for food purposes; plant based meat substitutes, namely, meat substitutes for food purposes |
| Goods and Services | Dietary supplements, dietary protein supplements; food supplements containing probiotics for medical use; protein powders as a nutritional and dietary supplement; liquid protein preparations as a nutritional and dietary supplement |
| Goods and Services | Alcoholic beverages except beer; premixed alcoholic beverages other than beer based; carbonated beverages alcoholic, except beers; low alcohol alcoholic beverages other than beer based |
| Goods and Services | Non alcoholic beverages, namely, carbonated beverages; mineral and aerated water and other non-alcoholic beverages, namely, carbonated beverages; aerated non-alcoholic drinks, namely, carbonated beverages; aerated drinks containing soya based products, namely, carbonated beverages other than milk substitutes; alcohol-free drinks, namely, carbonated beverages; aloe vera drinks, non alcoholic; bottled fruit drinks; carbonated non-alcoholic drinks; chocolate flavoured cola drinks; concentrates for use in the preparation of fruit juice drinks; concentrates for use in the preparation of soft drinks; de-alcoholised drinks, namely, carbonated beverages being carbonated beer and carbonated wine; energy drinks not for medical purposes; frozen concentrated fruit drinks; fruit based drinks; fruit drinks; fruit flavoured non-alcoholic drinks; isotonic drinks not for medical purposes; liquid mixtures for making soft drinks, namely, liquid concentrates for making soft drinks; mixtures of fruit flavoured drinks, namely, concentrates for making fruit flavoured drinks; non-alcoholic carbonated drinks; non-fermented fruit drinks; non-medicated mineral drinks, namely, mineral water; part frozen slush drinks, namely, frozen fruit-based drinks; soft drinks; sports drinks being non-medicated; vegetable drinks; tomato juice beverages |
| 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 | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, May 13, 2022 |
| 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 | 6 - Active |
| Class Status Date | Friday, May 13, 2022 |
| 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 | 6 - Active |
| Class Status Date | Friday, May 13, 2022 |
| Primary Code | 030 |
| 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 | 6 - Active |
| Class Status Date | Friday, May 13, 2022 |
| 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 | 6 - Active |
| Class Status Date | Friday, May 13, 2022 |
| Primary Code | 033 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Nexba IP Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Nexba IP Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Nexba IP Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Event Date | Event Description |
| Thursday, May 12, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, May 13, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, May 17, 2022 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, September 6, 2022 | ASSIGNED TO EXAMINER |
| Monday, September 19, 2022 | NON-FINAL ACTION WRITTEN |
| Tuesday, September 20, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, November 25, 2022 | REFUSAL PROCESSED BY MPU |
| Friday, November 25, 2022 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, December 22, 2022 | REFUSAL PROCESSED BY IB |
| Wednesday, May 24, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, May 24, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, May 24, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, June 27, 2023 | ASSIGNED TO EXAMINER |
| Friday, July 28, 2023 | FINAL REFUSAL WRITTEN |
| Friday, July 28, 2023 | FINAL REFUSAL E-MAILED |
| Friday, July 28, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, October 18, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, October 18, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Monday, November 6, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Friday, January 26, 2024 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Friday, January 26, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, January 26, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, February 21, 2024 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, February 21, 2024 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, February 21, 2024 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, February 21, 2024 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, February 22, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, March 13, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, March 20, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, March 20, 2024 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Tuesday, April 2, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, April 2, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Monday, April 8, 2024 | NOTIFICATION PROCESSED BY IB |
| Tuesday, June 18, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, June 18, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |