| Serial Number | 79222323 |
| Word Mark | O ORANGE GARTEN |
| Filing Date | Wednesday, September 27, 2017 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, December 25, 2018 |
| Registration Number | 5634933 |
| Registration Date | Tuesday, December 25, 2018 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 9, 2018 |
| Goods and Services | Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals, namely, cereal based snack foods, dried pasta; bread, pastry and confectionery products, namely, candy and sweets, bonbons, non-chocolate biscuits, sweet biscuits, chocolate; edible ices; sugar, honey, golden syrup; yeast, baking powder; salt; mustard; vinegar, sauces used as condiments; spices; ice for refreshment |
| Description of Mark | The mark consists of a design comprised of the letter "O" in orange with an orange stylized tulip placed within and the wording "ORANGE GARTEN" in orange lettering. White is not claimed as a feature of the mark and represents background only. |
| Goods and Services | Meat, fish, poultry and game, not live; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk; dairy products, namely, cheese, yogurt, butter, kefir, cream, sour cream, curd; edible oils and fats |
| Goods and Services | Dermatological pharmaceutical products, sanitary preparations for medical purposes; dietetic food and beverages for medical or veterinary use, food for babies; food supplements for humans and animals; medical plasters, materials for medical dressings being bandages and lint; material for dental fillings and dental impressions; disinfectants; preparations for destroying vermin; fungicides, herbicides |
| Goods and Services | Bleaching preparations and cleaning substances for laundry use; cleaning, polishing, and abrasive preparations; degreasing preparations for household purposes; non-medicated soaps; fragrances for personal use; essential oils, non-medicated cosmetics, non- medicated hair lotions; non-medicated dentifrices |
| Indication of Colors claimed | The color(s) orange is/are claimed as a feature of the mark. |
| Goods and Services | retail store services featuring non-medicated soaps, fragrances for personal use, essential oils, non-medicated cosmetics, non-medicated hair lotions, non-medicated dentifrices, beverages for medical or veterinary use, food for babies, food supplements for humans and animals, medical plasters, materials for medical dressings being bandages and lint, material for dental fillings and dental impressions, disinfectants, preparations for destroying vermin, fungicides, herbicides, meat, non-live fish, poultry and game, not live, meat extracts, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk, cheese, yogurt, butter, kefir, cream, sour cream, curd, desserts, soda, salad dressing, sauces, edible oils and fats, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, namely, cereal based snack foods, dried pasta, bread, pastry, candy and sweets, bonbons, non-chocolate biscuits, sweet biscuits, chocolate, edible ices, sugar, honey, golden syrup, yeast, baking powder, salt, mustard, vinegar, sauces used as condiments, spices, ice for refreshment, live rootstocks, agricultural seeds, live trees, unprocessed and raw grains and seeds for planting, fresh fruits and vegetables, fresh aromatic herbs, natural plants and flowers, bulbs, seedlings and seeds for planting, live animals, food products for animals, namely, animal feed, beverages for animals, malt for brewing and distilling, beers, mineral and aerated waters and other non-alcoholic beverages, namely, carbonated beverages, fruit drinks and fruit juices, syrups and other preparations for making beverages, namely, non-alcoholic carbonated beverages, fruit drinks and fruit juices, smoothies |
| Translation of Words in Mark | The English translation of "GARTEN" in the mark is "GARDEN". |
| Goods and Services | Beers; mineral and aerated waters and other non-alcoholic beverages, namely, carbonated beverages; fruit drinks and fruit juices; syrups and other preparations for making beverages, namely, non-alcoholic carbonated beverages, fruit drinks and fruit juices, smoothies |
| Disclaimer with Predetermined Text | "ORANGE" FOR INTERNATIONAL CLASSES 003, 005, 029, 030, AND 032 AND "ORANGE GARTEN" FOR INTERNATIONAL CLASS 031 |
| Goods and Services | Agricultural, horticultural and forestry products, namely, live rootstocks, agricultural seeds, live trees; unprocessed and raw grains and seeds for planting; fresh fruits and vegetables, fresh aromatic herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; food products for animals, namely, animal feed; beverages for animals; malt for brewing and distilling |
| International Class | 003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| US Class Codes | 001, 004, 006, 050, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 8, 2017 |
| Primary Code | 003 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | 6 - Active |
| Class Status Date | Friday, December 8, 2017 |
| 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, December 8, 2017 |
| 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, December 8, 2017 |
| 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 | 6 - Active |
| Class Status Date | Friday, December 8, 2017 |
| 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 | 6 - Active |
| Class Status Date | Friday, December 8, 2017 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 8, 2017 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Migros-Genossenschafts-Bund |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 74 - NOT AVAILABLE |
| Address | CH |
| Party Name | Migros-Genossenschafts-Bund |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 74 - NOT AVAILABLE |
| Address | CH |
| Party Name | Migros-Genossenschafts-Bund |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 74 - NOT AVAILABLE |
| Address | CH |
| Event Date | Event Description |
| Monday, December 25, 2023 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, April 26, 2019 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, April 5, 2019 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, April 5, 2019 | FINAL DISPOSITION PROCESSED |
| Monday, March 25, 2019 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, December 25, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, October 9, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, October 9, 2018 | PUBLISHED FOR OPPOSITION |
| Saturday, October 6, 2018 | NOTIFICATION PROCESSED BY IB |
| Wednesday, September 19, 2018 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, September 19, 2018 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, September 19, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Friday, August 31, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, August 31, 2018 | EXAMINER'S AMENDMENT ENTERED |
| Friday, August 31, 2018 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Friday, August 31, 2018 | EXAMINERS AMENDMENT E-MAILED |
| Friday, August 31, 2018 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, August 13, 2018 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, August 13, 2018 | NON-FINAL ACTION E-MAILED |
| Monday, August 13, 2018 | NON-FINAL ACTION WRITTEN |
| Monday, July 23, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, July 23, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, July 20, 2018 | ASSIGNED TO LIE |
| Wednesday, July 18, 2018 | ASSIGNED TO LIE |
| Friday, July 6, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, June 6, 2018 | ATTORNEY REVIEW COMPLETED |
| Wednesday, June 6, 2018 | LIMITATION FROM THE IB - REQUEST EXAM REVIEW |
| Friday, May 25, 2018 | LIMITATION OF GOODS RECEIVED FROM IB |
| Saturday, February 3, 2018 | REFUSAL PROCESSED BY IB |
| Wednesday, January 17, 2018 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, January 17, 2018 | REFUSAL PROCESSED BY MPU |
| Thursday, January 4, 2018 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, January 3, 2018 | NON-FINAL ACTION WRITTEN |
| Thursday, December 14, 2017 | ASSIGNED TO EXAMINER |
| Tuesday, December 12, 2017 | APPLICATION FILING RECEIPT MAILED |
| Friday, December 8, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, December 7, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |