| Serial Number | 79176772 |
| Word Mark | OH! BOO X |
| Filing Date | Thursday, August 27, 2015 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, July 28, 2023 |
| Registration Number | 5121535 |
| Registration Date | Tuesday, January 17, 2017 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 1, 2016 |
| Goods and Services | [ Almonds covered in chocolate; ] beverages consisting principally of chocolate; beverages made from chocolate in the nature of beverages with a chocolate base; beverages with a chocolate base; [ chocolate; chocolate bars; chocolate based products in the nature of chocolate-based ready to eat candies and snacks; ] chocolate beverages in the nature of chocolate-based beverages; chocolate-based beverages with milk; [ chocolate biscuits; chocolate cake; chocolate candy with fillings; chocolate caramel wafers; chocolate chips; chocolate coated nuts; chocolate coating, namely, chocolate confectioner's coatings in the nature of edible shellac coatings for foods; chocolate coffee; chocolate confectionery; chocolate covered biscuits; chocolate covered cakes; chocolate covered wafer biscuits; ] chocolate drink preparations, namely, mixes in the nature of concentrates, syrups or powders used in the preparation of chocolate-based beverages; [ chocolate eggs in the nature of chocolate confections; ] chocolate essences for the preparation of beverages; [ chocolate extracts for human consumption; ] chocolate extracts used as flavoring for foods and beverages; [ chocolate fillings for bakery products in the nature of chocolate-based fillings; chocolate flavoured beverages; chocolate flavoured confectionery; chocolate flavourings in the nature of food flavourings; chocolate fondue; chocolate fudge; chocolate marzipan; chocolate mousses; chocolate pastries; chocolate sauce; chocolate shells in the nature of pastry shells; chocolate soufflés in the nature of dessert soufflés; chocolate spreads in the nature of chocolate-based spreads for use on bread; chocolate substitutes; chocolate sweets; ] chocolate syrups for the preparation of chocolate based beverages; [ chocolate truffles; chocolate vermicelli; chocolate wafers; chocolate waffles; ] chocolate-based beverages; [ chocolate-based dips; chocolate-coated nuts; chocolates; confectionery chocolate products; dairy chocolate in the nature of chocolate-based beverages with milk; drinking chocolate in the nature of chocolate-based beverages; ] drinks based on chocolate; drinks prepared from chocolate, namely, chocolate-based beverages, chocolate-based beverages with milk, hot chocolate, and frozen hot chocolate; [ filled chocolate; foods with a chocolate base in the nature of chocolate-based ready to eat candies and snacks; hot chocolate; ] ice beverages with a chocolate base; [ liqueur chocolates; marshmallow filled chocolates; milk chocolate; milk chocolate bars; milk chocolate tea cakes; milk chocolates; ] mixes in the nature of concentrates, syrups or powders containing chocolate used in the preparation of beverages; mixes in the nature of chocolate-based concentrates, syrups or powders used in the preparation of beverages; mixes in the nature of chocolate concentrates, syrups or powders used in the preparation of beverages [ ; prepared chocolate-based desserts in the nature of bakery desserts; sandwich spread made from chocolate and nuts in the nature of chocolate-based spreads also containing nuts; snack bars consisting of chocolate in the nature of chocolate-based snack bars; spreads made from chocolate and nuts in the nature of chocolate-based spreads also containing nuts; confectionery, namely, Turkish delight coated in chocolate ] |
| Description of Mark | The mark consists of the stylized wording "OH! BOO X" in white on a brown heart-shaped carrier, with the second letter "O" in "BOO" in the shape of a heart. The rest of the color white represents background and is not part of the mark. |
| Certificate of Correction for Registration | In the Statement, Page 1, line 5, "Almonds covered in chocolate;" should be deleted, and, In the Statement, Page 1, lines 7 and 8, "chocolate; chocolate bars; chocolate based products in the nature of chocolate-based ready to eat candies and snacks; " should be deleted, and, In the Statement, Page 1, lines 9-13, "chocolate biscuits; chocolate cake; chocolate candy with fillings; chocolate caramel wafers; chocolate chips; chocolate coated nuts; chocolate coating, namely, chocolate confectioner's coatings in the nature of edible shellac coatings for foods; chocolate coffee; chocolate confectionery; chocolate covered biscuits; chocolate covered cakes; chocolate covered wafer biscuits; " should be deleted, and, In the Statement, Page 1, lines 15 and 16, "chocolate eggs in the nature of chocolate confections; " should be deleted, and, In the Statement, Page 1, lines 17 and 18, "chocolate extracts for human consumption;" should be deleted, and, In the Statement, Page 1, lines 19-24, "chocolate fillings for bakery products in the nature of chocolate-based fillings; chocolate flavoured beverages; chocolate flavoured confectionery; chocolate flavourings in the nature of food flavourings; chocolate fondue; chocolate fudge; chocolate marzipan; chocolate mousses; chocolate pastries; chocolate sauce; chocolate shells in the nature of pastry shells; chocolate soufflés in the nature of dessert soufflés; chocolate spreads in the nature of chocolate-based spreads for use on bread; chocolate substitutes; chocolate sweets;" should be deleted, and, In the Statement, Page 1, lines 25 and 26, "chocolate truffles; chocolate vermicelli; chocolate wafers; chocolate waffles; " should be deleted, and, In the Statement, Page 1, lines 26-29, "chocolate-based dips; chocolate-coated nuts; chocolates; confectionery chocolate products; dairy chocolate in the nature of chocolate-based beverages with milk; drinking chocolate in the nature of chocolate-based beverages; " should be deleted, and, In the Statement, Page 1, lines 30 and 31, "filled chocolate; foods with a chocolate base in the nature of chocolate-based ready to eat candies and snacks; hot chocolate; " should be deleted, and, In the Statement, Page 1, lines 32 and 33, "liqueur chocolates; marshmallow filled chocolates; milk chocolate; milk chocolate bars; milk chocolate tea cakes; milk chocolates; " should be deleted, and, In the Statement, Page 1, lines 36 - Page 2, line 4, " ; prepared chocolate-based desserts in the nature of bakery desserts; sandwich spread made from chocolate and nuts in the nature of chocolate-based spreads also containing nuts; snack bars consisting of chocolate in the nature of chocolate-based snack bars; spreads made from chocolate and nuts in the nature of chocolate-based spreads also containing nuts; confectionery, namely, Turkish delight coated in chocolate" should be deleted. |
| Indication of Colors claimed | The color(s) brown and white is/are claimed as a feature of the cfstatements. |
| 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 28, 2023 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Creative Food Consulting International Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Creative Food Consulting International Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Creative Food Consulting International Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Event Date | Event Description |
| Friday, April 12, 2024 | GENERIC MADRID TRANSACTION SENT TO IB |
| Friday, April 12, 2024 | GENERIC MADRID TRANSACTION CREATED |
| Thursday, March 28, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, July 28, 2023 | CANCELLED SECTION 71 |
| Monday, January 17, 2022 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Saturday, September 30, 2017 | INVALIDATION REVIEWED - NO ACTION REQUIRED BY OFFICE |
| Wednesday, September 27, 2017 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, September 8, 2017 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, August 4, 2017 | NOTIFICATION PROCESSED BY IB |
| Tuesday, April 18, 2017 | GENERIC MADRID TRANSACTION SENT TO IB |
| Tuesday, April 18, 2017 | GENERIC MADRID TRANSACTION CREATED |
| Monday, April 17, 2017 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Friday, January 27, 2017 | LIMITATION FROM THE IB EXAMINED AND ENTERED |
| Friday, January 27, 2017 | CORRECTION UNDER SECTION 7 - PROCESSED |
| Tuesday, January 17, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Friday, November 25, 2016 | LIMITATION OF GOODS RECEIVED FROM IB |
| Tuesday, November 1, 2016 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, November 1, 2016 | PUBLISHED FOR OPPOSITION |
| Wednesday, October 12, 2016 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, October 12, 2016 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, October 12, 2016 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Monday, September 26, 2016 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, September 16, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, September 15, 2016 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, September 15, 2016 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, September 15, 2016 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, September 15, 2016 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, September 8, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, September 8, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, September 2, 2016 | ASSIGNED TO LIE |
| Monday, August 29, 2016 | NOTICE OF REVIVAL - E-MAILED |
| Sunday, August 28, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, August 28, 2016 | PETITION TO REVIVE-GRANTED |
| Sunday, August 28, 2016 | TEAS PETITION TO REVIVE RECEIVED |
| Sunday, August 28, 2016 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, July 14, 2016 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Thursday, July 14, 2016 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Tuesday, January 5, 2016 | REFUSAL PROCESSED BY IB |
| Monday, December 14, 2015 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, December 14, 2015 | REFUSAL PROCESSED BY MPU |
| Saturday, December 12, 2015 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, December 11, 2015 | NON-FINAL ACTION WRITTEN |
| Thursday, December 10, 2015 | ASSIGNED TO EXAMINER |
| Friday, November 27, 2015 | APPLICATION FILING RECEIPT MAILED |
| Monday, November 23, 2015 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, November 19, 2015 | SN ASSIGNED FOR SECT 66A APPL FROM IB |