| Serial Number | 79182182 |
| Word Mark | PORT CHARLOTTE ISLAY BARLEY HEAVILY PEATED ISLAY SINGLE MALT |
| Filing Date | Friday, November 20, 2015 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, May 5, 2023 |
| Registration Number | 5061597 |
| Registration Date | Tuesday, October 18, 2016 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, August 2, 2016 |
| Description of Mark | The mark consists of a three-dimensional configuration of the bottle packaging for the goods with wording thereon. The wording "PORT CHARLOTTE" in black, "ISLAY BARLEY" in orange, "HEAVILY PEATED" in light gray, and "ISLAY SINGLE MALT" in dark gray, appears vertically, in stylized font along the center of the bottle. To the right of the wording "ISLAY SINGLE MALT" appears stylized letters "B" and "L" overlaid in the center of a design consisting of two concentric circles with the words "BRUICHLADDICH" and "ISLAY SINGLE MALT" appearing between the circles to form a border, in light gray. The wording "PORT CHARLOTTE" in white and "ISLAY SINGLE MALT" in black appears vertically on the neck of the bottle, on a silver cap. The bottle and cap are represented with broken lines and are not part of the mark. The broken lines outlining the bottle and cap indicate placement of the mark and are not part of the mark. The color of the liquid in the bottle is not claimed as part of the mark. |
| Section 2(f) Limitation Statement | AS TO "BRUICHLADDICH" has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4785242; BRUICHLADDICH 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 | The color(s) black, gray, white, orange, silver is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of the word "Bruichladdich" in the mark is "the steep bank of the lee shore". |
| Goods and Services | Single malt scotch whisky produced in the Islay region of Scotland |
| Disclaimer with Predetermined Text | THE APPLICANT DISCLAIMS ANY EXCLUSIVE RIGHT TO USE THE WORDS "ISLAY BARLEY", "HEAVILY PEATED", "ISLAY SINGLE MALT". |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, May 5, 2023 |
| Primary Code | 033 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Bruichladdich Distillery Company Limited |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | GB |
| Party Name | Bruichladdich Distillery Company Limited |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | GB |
| Party Name | Bruichladdich Distillery Company Limited |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | GB |
| Event Date | Event Description |
| Sunday, February 18, 2024 | TOTAL INVALIDATION PROCESSED BY THE IB |
| Monday, January 22, 2024 | GENERIC MADRID TRANSACTION SENT TO IB |
| Sunday, January 21, 2024 | GENERIC MADRID TRANSACTION CREATED |
| Friday, January 5, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, May 5, 2023 | CANCELLED SECTION 71 |
| Monday, October 18, 2021 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Thursday, February 6, 2020 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Saturday, May 27, 2017 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Wednesday, February 22, 2017 | GENERIC MADRID TRANSACTION SENT TO IB |
| Wednesday, February 22, 2017 | GENERIC MADRID TRANSACTION CREATED |
| Wednesday, January 18, 2017 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, October 18, 2016 | REGISTERED-PRINCIPAL REGISTER |
| Friday, September 2, 2016 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Tuesday, August 2, 2016 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, August 2, 2016 | PUBLISHED FOR OPPOSITION |
| Wednesday, July 13, 2016 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, July 13, 2016 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, July 13, 2016 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Monday, June 27, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, June 17, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, June 17, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, June 17, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, May 13, 2016 | REFUSAL PROCESSED BY IB |
| Friday, March 18, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, March 18, 2016 | REFUSAL PROCESSED BY MPU |
| Friday, March 18, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, March 17, 2016 | NON-FINAL ACTION WRITTEN |
| Monday, March 14, 2016 | ASSIGNED TO EXAMINER |
| Saturday, February 20, 2016 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, February 16, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, February 11, 2016 | SN ASSIGNED FOR SECT 66A APPL FROM IB |