| Serial Number | 79075064 |
| Word Mark | OCTAIN BRAIN BAR |
| Filing Date | Friday, August 14, 2009 |
| Status | 404 - IR CANCELLED - US REGISTRATION CANCELLED |
| Status Date | Wednesday, August 14, 2019 |
| Registration Number | 3953517 |
| Registration Date | Tuesday, May 3, 2011 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 15, 2011 |
| Indication of Colors claimed | The color(s) black, orange, and white is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "BRAIN BAR" |
| Description of Mark | The mark consists of the following: stylized black head with an orange brain, all outlined in white, stylized flames in orange emanating from the head design, and the word "OCTAIN" in black and "BRAIN BAR" in white on the flame design. |
| Goods and Services | Dietetic beverages, namely, nutritionally fortified beverages; Dietetic foods, namely, dietetic foods adapted for medical use and nutritionally fortified foods; Nutritional additives for medical purposes used in foods and dietary supplements for human consumption |
| Goods and Services | Cereal-based snack food; Muesli; Cereal preparations, namely, breakfast cereal, ready-to-eat cereals, cereal-based food bars, cereal-based energy bars; Pastry and pastries, in particular bread, small biscuits, cakes, biscuits, buns, cookies; Bakery desserts, primarily made from pasta; Pasta-based convenience food, namely, prepared pasta and packaged entrees consisting primarily of pasta; Confectionery, namely, confectionery made of sugar; Farinaceous food pastes for human consumption; Sandwiches; Ice-cream; Tea-based beverages; Coffee and cocoa drinks; Cocoa products, namely, cocoa powder; Chewing gum not for medical purposes |
| Goods and Services | Advertising; goods and services presentations for the purpose of advertising and sales; sales promotion; sponsoring in the form of advertising |
| 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, December 8, 2017 |
| Primary Code | 005 |
| 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, December 8, 2017 |
| Primary Code | 030 |
| 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 | F - NOT AVAILABLE |
| 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 | OCTAIN GmbH |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | AT |
| Party Name | OCTAIN GmbH |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | AT |
| Party Name | OCTAIN GmbH |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | AT |
| Event Date | Event Description |
| Friday, March 6, 2020 | NOTIFICATION OF EFFECT OF CANCELLATION OF INTL REG E-MAILED |
| Friday, March 6, 2020 | DEATH OF INTERNATIONAL REGISTRATION |
| Thursday, April 11, 2019 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, September 14, 2018 | TOTAL INVALIDATION PROCESSED BY THE IB |
| Monday, August 27, 2018 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Monday, August 27, 2018 | INVALIDATION PROCESSED |
| Wednesday, August 8, 2018 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, December 8, 2017 | CANCELLED SECTION 71 |
| Thursday, March 2, 2017 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, May 3, 2016 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Monday, October 6, 2014 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, January 30, 2014 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Sunday, February 24, 2013 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, September 23, 2011 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, September 23, 2011 | FINAL DISPOSITION PROCESSED |
| Wednesday, August 3, 2011 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, May 3, 2011 | REGISTERED-PRINCIPAL REGISTER |
| Saturday, February 19, 2011 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Tuesday, February 15, 2011 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 15, 2011 | PUBLISHED FOR OPPOSITION |
| Thursday, February 3, 2011 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Thursday, February 3, 2011 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Friday, January 7, 2011 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, January 7, 2011 | ASSIGNED TO LIE |
| Monday, December 13, 2010 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, December 10, 2010 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, December 10, 2010 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, December 10, 2010 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Thursday, June 17, 2010 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, June 17, 2010 | FINAL REFUSAL E-MAILED |
| Thursday, June 17, 2010 | FINAL REFUSAL WRITTEN |
| Friday, June 11, 2010 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, June 11, 2010 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, June 11, 2010 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, June 11, 2010 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, January 8, 2010 | REFUSAL PROCESSED BY IB |
| Thursday, December 17, 2009 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, December 17, 2009 | REFUSAL PROCESSED BY MPU |
| Thursday, December 17, 2009 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, December 16, 2009 | NON-FINAL ACTION WRITTEN |
| Friday, December 11, 2009 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, December 9, 2009 | ASSIGNED TO EXAMINER |
| Tuesday, December 8, 2009 | ASSIGNED TO EXAMINER |
| Monday, December 7, 2009 | ASSIGNED TO EXAMINER |
| Monday, December 7, 2009 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, December 3, 2009 | SN ASSIGNED FOR SECT 66A APPL FROM IB |