| Serial Number | 79242570 |
| Word Mark | OSPELT FOOD MATTERS. |
| Filing Date | Sunday, May 27, 2018 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, March 26, 2019 |
| Registration Number | 5706434 |
| Registration Date | Tuesday, March 26, 2019 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, January 8, 2019 |
| Goods and Services | Coffee, teas and cocoa and substitutes therefor; ice, ice creams; frozen yogurts and sorbets; processed grains, starches for food ; grain-based snack food; baking preparations, namely, baking powder and baking soda; yeasts; salts, seasonings, food flavourings being non-essential oils; condiments, namely, ketchup and mustard; bread; cereal bars and cereal-based energy bars; pastries, cakes, tarts and biscuits being cookies; sweets in the nature of candy, candy bars and chewing gum; bakery goods; candy; chocolate; chocolate based products, namely, hot chocolate mixes; chocolate coated fruits; chocolate confectionery containing pralines; chocolate pastry creams; chocolate mousse desserts; chocolate for toppings; chocolate marzipan; chocolate-based spreads; chocolate-based spreads for use on bread; chocolate waffles; chocolate with alcohol, namely, chocolate candies filled with alcohol-flavored cream; chocolate-coated nuts; chocolate-coated sugar confectionery; crackers; croissants; crème caramel; custard; sugar confectionery; sugar confectionery items coated with chocolate; frozen confectionery containing ice cream; frozen dairy confections; fruit jelly candy; chocolate-based meal replacement bars and ready-to-eat food bars; cocoa-based meal replacement bars and ready-to-eat food bars; muesli desserts; ice confectionery, namely, sherbets; low-carbohydrate confectionery, namely, frozen confectionery; peanut confectionery, namely, peanut brittle; non-medicated confectionery products, namely, fruit jelly candies; nougat; pancakes; tiramisu; prepared pudding desserts; puddings; salt crackers; salted biscuits; snack foods consisting principally of chocolate confectionery; waffles; brioches; calzones; canapes; canned pasta; cereal-based snack food; cheeseburger sandwiches; grain-based chips; chocolate-based ready-to-eat food bars; crackers filled with cheese; crackers made of prepared cereals; crepes; dry and liquid ready-to-serve meals, mainly consisting of pasta; egg pies, namely, quiche; filled baguettes; filled bread rolls; frankfurter sandwiches; freeze-dried dishes with the main ingredient being pasta; fresh pies; fresh pizza; fresh sausage rolls; frozen meals consisting primarily of pasta; frozen pastry stuffed with meat; frozen pizzas; frozen pastry stuffed with meat and vegetables; frozen pastry stuffed with vegetables; noodle-based prepared meals; hamburger sandwiches contained in bread rolls; hot dog sandwiches; hot sausage and ketchup sandwiches in cut open bread rolls; lasagna; pre-packaged meals consisting primarily of pasta; meat pies; dishes primarily comprised of pasta; pasta salad; pasta-based prepared meals; sweet and savoury pies; pizzas; prepared pizzas; ravioli; prepared foodstuffs in the form of sauces; prepared meals in the form of pizzas; prepared dishes primarily comprised of rice; preserved pizzas; pretzels; prepared ravioli; sandwiches containing meat; sandwiches containing salad; sausage rolls; savory pastries; sandwiches; sandwiches containing chicken; sandwiches containing fish; snack food consisting primarily of cereal; spring rolls; snack food made primarily from cereal flour; snack food made primarily from cereal starch; snack foods consisting principally of bread; snacks manufactured primarily from muesli; spaghetti with meatballs; vegetable pies; wraps in the nature of sandwiches; sushi; toasted sandwiches; uncooked pizzas; sugars, natural sweeteners, sweet coatings in the nature of frostings and sweet fillings in the nature of pastry creams; bee products, namely, propolis for human consumption |
| Description of Mark | The mark consists of the stylized wording "OSPELT" above the stylized wording "FOOD MATTERS." with a semi-circle inside of and at the bottom of the first "O". |
| Goods and Services | Birds eggs; egg products, namely, dried eggs, egg whites and egg yolks; dairy products and dairy substitutes, namely, milk, butter and sour cream and milk substitutes, sour cream substitutes and butter substitutes; fish, not live; seafood, not live; molluscs, not live; meats; edible oils and fats; processed fruits, edible fungi, vegetables, nuts and pulses; soups and stocks, meat extracts |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Alcoholic beverages, except beer; preparations for making alcoholic beverages, namely, prepared alcoholic cocktail mixes; hard cider |
| NOT AVAILABLE | "FOOD" |
| Goods and Services | Non-alcoholic beverages, namely, carbonated beverages; beer; brewery products, namely, alcohol-free beers and alcoholic beers; preparations for making fruit beverages |
| Goods and Services | Foodstuffs and fodder for animals |
| 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 | Saturday, October 13, 2018 |
| 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 | Saturday, October 13, 2018 |
| 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 | Saturday, October 13, 2018 |
| 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 | Saturday, October 13, 2018 |
| 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 | Saturday, October 13, 2018 |
| Primary Code | 033 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Herbert Ospelt Anstalt |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | LI |
| Party Name | Herbert Ospelt Anstalt |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | LI |
| Party Name | Herbert Ospelt Anstalt |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | LI |
| Event Date | Event Description |
| Thursday, October 11, 2018 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Saturday, October 13, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Saturday, October 13, 2018 | ASSIGNED TO EXAMINER |
| Wednesday, October 17, 2018 | APPLICATION FILING RECEIPT MAILED |
| Saturday, October 20, 2018 | NON-FINAL ACTION WRITTEN |
| Sunday, October 21, 2018 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, November 6, 2018 | REFUSAL PROCESSED BY MPU |
| Tuesday, November 6, 2018 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, November 13, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, November 13, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, November 14, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, March 26, 2019 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, November 15, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Saturday, November 24, 2018 | REFUSAL PROCESSED BY IB |
| Wednesday, December 19, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, January 8, 2019 | PUBLISHED FOR OPPOSITION |
| Tuesday, January 8, 2019 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Friday, July 19, 2019 | FINAL DISPOSITION PROCESSED |
| Wednesday, June 26, 2019 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Friday, August 9, 2019 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, July 19, 2019 | FINAL DISPOSITION NOTICE SENT TO IB |
| Saturday, August 10, 2024 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, March 26, 2024 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |