| Serial Number | 79212354 |
| Word Mark | PREBIOTIC |
| Filing Date | Wednesday, March 22, 2017 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, July 26, 2024 |
| Registration Number | 5372323 |
| Registration Date | Tuesday, January 9, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 24, 2017 |
| Goods and Services | Natural sweeteners and natural sugar substitutes used as ingredients in the food, drink, pharmaceutical and feed industry; Refined pastries; Biscuits; Confectionery, namely, boiled sweets, soft boiled sweets, boiled sweets with centers, sugar-coated boiled sweets, dragees being non-medicated confectionery, dragees with centers being non-medicated confectionery, lollipops and marzipan; Sugar in powder, tablet or liquid form; Sugar products, namely, raw sugar, white sugar, palm sugar in powder, tablet or liquid form; Sugar confectionery; Chicory and chicory products, namely, fresh chicory, being coffee substitutes in powder, tablet or liquid form; Natural flavorings for food other than essential oils; Natural binding agents for the food industry; Sugar substitutes; Candied sugar being candy; Sweets being candy; Coffee; Tea; Cocoa; Flour; Preparations made from cereals, namely, cereal based snack foods, cereal based energy bars; Bread; Pastry; Confectionery made from sugar; Cookies; Edible ices; Sorbets; Treacle; Sauces except salad dressing; Ketchup; Malt extracts for food; Tapioca; Tapioca flour; Vanilla; Potato flour; Preserved garden herbs being seasonings; Spices; Soya flour; Yeast for food; Starch for food; Cinnamon; Mayonnaise; Maize products for human consumption, namely, maize flour, maize meal; Corn flakes |
| Description of Mark | The mark consists of a design of an abstract person comprised of a blue circle representing the head and a blue abstract geometric shape representing the body, all surrounded by an incomplete green circle. Two concentric circles of white and light blue are centered in body. To the right of the design is the wording "PREBIOTIC", all in blue font, with the exception of the "O", which is replaced with a green circle containing an interior white circle, above which is a smaller green circle. |
| Goods and Services | Dietetic foods adapted for medical purposes; Dietetic substances, namely, dietetic beverages, adapted for medical use; Sweeteners for dietetic purposes, for medical use; Sugar for medical purposes; Nutritional dietary fibers as food supplements; Food supplements; Dietary fiber to aid in digestion, to treat constipation and for use as an ingredient in the manufacture of dietary supplements |
| Indication of Colors claimed | The color(s) green, blue, light blue and white is/are claimed as a feature of the mark. |
| Goods and Services | Artificial sweeteners used as ingredients in the food, drink, pharmaceutical and feed industry; Artificial sweeteners; Enzymes for food and drinks; Esters of polyols for use as ingredients in the manufacture of foods; Glucose for use in the food industry; Flavor improvers for use in the manufacture of food, namely chemical additives; Stabilizing agents for use in the manufacture of food |
| NOT AVAILABLE | "PREBIOTIC" |
| International Class | 001 - Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. |
| US Class Codes | 001, 005, 006, 010, 026, 046 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, July 26, 2024 |
| Primary Code | 001 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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, July 26, 2024 |
| 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, July 26, 2024 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Beneo Gesellschaft mit beschränkter Haftung |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | BENEO |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | BENEO |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Event Date | Event Description |
| Thursday, July 13, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Wednesday, July 19, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, July 19, 2017 | ASSIGNED TO EXAMINER |
| Monday, July 24, 2017 | NON-FINAL ACTION WRITTEN |
| Tuesday, July 25, 2017 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, July 25, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, July 28, 2017 | REFUSAL PROCESSED BY MPU |
| Friday, July 28, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, August 18, 2017 | REFUSAL PROCESSED BY IB |
| Tuesday, August 22, 2017 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, August 22, 2017 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, August 23, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, August 23, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, August 23, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, September 12, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, September 12, 2017 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, September 12, 2017 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, September 12, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, September 12, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, October 4, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, October 4, 2017 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, October 4, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Saturday, October 21, 2017 | NOTIFICATION PROCESSED BY IB |
| Tuesday, October 24, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, October 24, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, January 9, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Monday, April 9, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Thursday, April 19, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Thursday, April 19, 2018 | FINAL DISPOSITION PROCESSED |
| Friday, June 1, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Monday, January 9, 2023 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, July 26, 2024 | CANCELLED SECTION 71 |
| Thursday, August 8, 2019 | CHANGE OF NAME/ADDRESS REC'D FROM IB |