| Serial Number | 97592580 |
| Word Mark | PENN STATE CREAMERY FINE DAIRY FOODS SINCE 1865 |
| Filing Date | Thursday, September 15, 2022 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, March 5, 2024 |
| Registration Number | 7319377 |
| Registration Date | Tuesday, March 5, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 19, 2023 |
| Goods and Services | Coffee; Salsa; Tea; Decaffeinated coffee; Frozen yogurt; Fruit teas; Green tea; Hot chocolate; Ice cream; Ice cream sandwiches; Iced coffee; Iced tea |
| Amendment to a Registration/Renewal Certificate | In the statement, line line 24 through 30, "No claim is made to the exclusive right to use the following apart from the mark as shown: "CREAMERY" AND "FINE DAIRY FOODS SINCE 1865" IN INTERNATIONAL CLASS 29, "CREAMERY ICE CREAM FINE DAIRY FOODS SINCE 1865" IN INTERNATIONAL CLASS 30, "SINCE 1865" IN INTERNATIONAL CLASS 32 SEC. 2(F) AS TO "PENN STATE CREAMERY ICE CREAM FINE DAIRY FOODS SINCE 1865" is deleted, and "No claim is made to the exclusive right to use "CREAMERY" and "FINE DAIRY FOODS SINCE 1865" in International Classes 29 and 30 apart from the mark as shown. No claim is made to the exclusive right to use "SINCE 1865" in International Class 32 apart from the mark as shown. " is inserted. |
| Description of Mark | The mark consists of a concentric circular design with the outermost circle having a bottle cap shaped edge. The interior of the concentric circle design contains the words "PENN STATE" above an ice cream cone with the word "CREAMERY" between two horizonal lines appearing across the middle of the cone, with designs of two cows in a stylized field depicted by curved lines appearing underneath the words "CREAMERY" followed by the words "FINEDAIRY FOODS SINCE 1865" at the bottom. |
| Amendment to a Registration/Renewal Certificate | The drawing is amended to appear as follows: NEW PUBLISH CUT |
| Goods and Services | Cheese; Milk; American cheese; Asiago cheese; Cheddar cheese; Cheese curds; Cheese dips; Cheese spreads; Chocolate milk; Cream cheese; Dairy-based dips; Feta cheese; Food package combinations consisting primarily of cheese, meat and/or processed fruit; Gouda cheese; Jack cheese; Mozzarella cheese; Muenster cheese; Parmesan cheese; Protein milk; Skim milk; Snack dips; Sour cream; Swiss cheese; Yogurt drinks |
| Amendment to a Registration/Renewal Certificate | In the statement, line 16 through 22, "The mark consists of a concentric circular design with the outermost circle having a bottle cap shaped edge. The interior of the concentric circle design contains the words "PENN STATE" above an ice cream cone with the word "CREAMERY" between two horizonal lines appearing across the middle of the cone, and the words "ICE CREAM" are directly underneath of "CREAMERY" with designs of two cows in a stylized field depicted by curved lines appearing underneath the words "ICE CREAM" followed by the words "FINE DAIRY FOODS SINCE 1865" at the bottom." is deleted, and "The mark consists of a concentric circular design with the outermost circle having a bottle cap shaped edge. The interior of the concentric circle design contains the words "PENN STATE" above an ice cream cone with the word "CREAMERY" between two horizonal lines appearing across the middle of the cone, with designs of two cows in a stylized field depicted by curved lines appearing underneath the words "CREAMERY" followed by the words "FINEDAIRY FOODS SINCE 1865" at the bottom. " is inserted. |
| Pseudo Mark | PENN STATE CREAMERY ICE CREAM FINE DAIRY FOODS SINCE EIGHTEEN SIXTY FIVE; PENN STATE CREAMERY ICE CREAM FINE DAIRY FOODS SINCE ONE EIGHT SIX FIVE; PENN STATE CREAMERY ICE CREAM FINE DAIRY FOODS SINCE EIGHTEEN HUNDRED SIXTY FIVE |
| Section 2(f) Limitation Statement | "PENN STATE CREAMERY FINE DAIRY FOODS SINCE 1865" has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement. |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| NOT AVAILABLE | No claim is made to the exclusive right to use "CREAMERY" and "FINEDAIRY FOODS SINCE 1865" in International Classes 29 and 30 apart from the mark as shown. No claim is made to the exclusive right to use "SINCE 1865" in International Class 32 apart from the mark as shown. |
| Goods and Services | Lemonade; Orange juice |
| 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 | Tuesday, October 4, 2022 |
| Primary Code | 029 |
| First Use Anywhere Date | Saturday, September 30, 2017 |
| First Use In Commerce Date | Saturday, September 30, 2017 |
| 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 | Tuesday, October 4, 2022 |
| Primary Code | 030 |
| First Use Anywhere Date | Wednesday, January 31, 2018 |
| First Use In Commerce Date | Wednesday, January 31, 2018 |
| 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 | Tuesday, October 4, 2022 |
| Primary Code | 032 |
| First Use Anywhere Date | Tuesday, July 31, 2018 |
| First Use In Commerce Date | Tuesday, July 31, 2018 |
| Party Name | The Pennsylvania State University |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | State College, PA 16801 |
| Party Name | The Pennsylvania State University |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | State College, PA 16801 |
| Party Name | The Pennsylvania State University |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | State College, PA 16801 |
| Event Date | Event Description |
| Monday, September 19, 2022 | NEW APPLICATION ENTERED |
| Tuesday, October 4, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, October 5, 2022 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, March 21, 2023 | ASSIGNED TO EXAMINER |
| Sunday, March 26, 2023 | NON-FINAL ACTION WRITTEN |
| Sunday, March 26, 2023 | NON-FINAL ACTION E-MAILED |
| Sunday, March 26, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, May 4, 2023 | APPLICATION EXTENSION TO RESPONSE PERIOD - RECEIVED |
| Thursday, May 4, 2023 | APPLICATION EXTENSION GRANTED/RECEIPT PROVIDED |
| Monday, September 11, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, September 11, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, September 11, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, October 17, 2023 | NON-FINAL ACTION WRITTEN |
| Tuesday, October 17, 2023 | NON-FINAL ACTION E-MAILED |
| Tuesday, October 17, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, November 13, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, November 13, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, November 13, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, November 14, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, November 29, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, December 19, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, December 19, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, March 5, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, March 5, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Monday, July 1, 2024 | TEAS SECTION 7 REQUEST RECEIVED |
| Monday, December 30, 2024 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Monday, January 13, 2025 | AMENDMENT UNDER SECTION 7 - PROCESSED |
| Friday, March 21, 2025 | OTQR WITHDRAWAL FROM PUBLICATION |
| Wednesday, April 2, 2025 | AMENDMENT UNDER SECTION 7 - PROCESSED |
| Tuesday, April 22, 2025 | NOTICE OF UPDATED REGISTRATION CONFIRMATION EMAILED |