| Serial Number | 97429276 |
| Word Mark | PRO-OPTIMA |
| Filing Date | Thursday, May 26, 2022 |
| Status | 794 - JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Status Date | Tuesday, November 19, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, August 22, 2023 |
| Goods and Services | Dairy products, namely milk, butter, cheese, yoghurt, cream, sour cream, cream cheese; dairy based beverages and dairy based powders for making dairy-based food beverages and shakes; milk; milk products excluding ice cream, ice milk and frozen yogurt; milk powder; UHT (ultra high temperature) milk; ESL (extended shelf life) milk; condensed milk; milk substitutes; plant and vegetable based milk substitutes; soy milk being milk substitute; soy milk-based beverages being milk substitutes; pea milk; milk substitutes made from legumes; milk substitutes of plant origin; coconut milk being milk substitute; coconut milk based beverages; coconut milk for cooking; nut based milk for use as a milk substitute; almond milk being milk substitute; almond milk based beverages; peanut milk being milk substitute; cashew milk being milk substitute; hazelnut milk being milk substitute; cereal based milk for use as a milk substitute; sesame milk being milk substitute; oat milk; oat milk-based beverages being milk substitute; rice milk being milk substitute; rice milk for use as a milk substitute; non-alcoholic rice milk-based beverages being milk substitutes; hemp milk being milk substitute; millet milk being milk substitute; malted milk being milk substitutes; malted milk beverages, milk predominating; chia milk being milk substitutes; soya milk-based beverages used as milk substitutes; yoghurt based on milk substitutes; fermented milk substitutes; milk substitute beverages based on fermented milk substitutes; flavoured milk beverages based on milk substitutes, milk substitute products predominating; milk beverages based on milk substitutes flavoured with chocolate, cocoa, coffee or tea, milk substitute products predominating; non-dairy milk powder; almond milk in powder form; dairy substitutes, namely, artificial cream, butter substitutes; dairy products based on milk substitutes, namely, artificial cream, cheese substitutes; milk concentrate; flavoured milk; flavoured milk powder; goat milk; flavoured goat milk; goat milk products, namely, goat cheese, goat butter, goat cream; goat milk powder; flavoured goat milk powder; sheep milk; sheep milk products, namely, sheep milk cheese, sheep milk butter; flavoured sheep milk; sheep milk powder; flavoured sheep milk powder; protein milk; cream; butter; edible oils; edible fats; cheese; whey; yoghurt; dessert products, namely, milk shakes, ice cream shakes, custard style yoghurts; probiotic milk-based snack bars, for non-medical nutritional use; seed-based snack bars; nut- and dried fruit-based snack bars; probiotic almond based snack bars, for non-medical nutritional use; probiotic dairy-based snack bars in the nature of cheese snack bars, for non-medical nutritional use; probiotic yogurt-based snack bars, for non-medical nutritional use; vegetable-based raw food snack bars; fruit based snack food; fruit-based snack bars; soya bean-based snack food; soya based food bars; nut-based snack food; nut-based food bars; nut-based meal replacement bars, for non-medical nutritional use; nut based snack bars; fruit- and nut-based snack bars; nut- and seed-based snack bars; probiotic nut-based snack bars, for non-medical nutritional use; fruit- and nut-based snack bars featuring a chocolate coating; jellies for food, other than confectionery; fruit jelly spreads; cream desserts, namely, chantilly cream, clotted cream; desserts predominantly of dairy, namely, shakes, yogurts; fruit based desserts, namely, candied fruit, glazed fruits |
| Goods and Services | Dietetic foods for use as a nutritional supplement, dietetic sugar for use as a nutritional supplement; dietetic infusions for use as a nutritional supplement; dietetic beverages and meal replacements in the nature of meal replacement bars, meal replacement snacks, meal replacement drink mixes, all for use as a nutritional supplement; meal replacement beverages, all for use as nutritional supplements; food for babies and infants; powdered milk for babies and infants; milk protein supplements; dietary supplements, intended to supplement a normal diet or to have health benefits; vitamins and vitamin formulations for human consumption; nutritional food additives for medical purposes in the nature of natural food extracts derived from milk; nutritional supplements; nutritive substances for microorganism cultures, for medical nutritional purposes based on amino acids, proteins, antioxidants, fatty acids and enzymes; nutritive substances for medical purposes in the nature of mineral supplements and mineral food supplements; nutritive substances for dietetic purposes in the nature of dietetic beverages adapted for medical use, dietetic foods adapted for medical use; nutritive substances for antioxidant purposes in the nature of food supplements, and nutritive substances for homeopathic purposes in the nature of supplements; nutritive substances for microorganism for nutritional purposes; cultures of microorganisms for use as nutritional supplements; probiotic cultures, preparations and substances as dietary supplements; bacterial preparations in the food industry for medical and nutritional use; bacterial preparations for medical and veterinary use and biological preparations for medical or veterinary purposes, namely, for the enhancement of gut health and immunity; cultures of micro-organisms for medical or veterinary use; non-prescription pharmaceutical preparations for treating diabetes, for preventing osteoporosis, for treating skin disorders; nutritional supplement energy bars; energy bars used as nutritional supplements; probiotic bars used as dietary supplements; dietary food supplements in the nature of ready-to-eat protein bars; food supplements consisting of vitamins and minerals |
| Goods and Services | Milk protein concentrates for use in the manufacture of food supplements, food and beverages; whey protein concentrates for use in the manufacture of food supplements, food and beverages; amino acids, peptides, lipids and phospholipids all for use in the manufacture of food supplements, food and beverages; dairy-based extracts, proteins, carbohydrates, fats, lipids, vitamins, minerals, enzymes and active chemicals all for use in the manufacture of food supplements, food, and beverages; plant-based extracts, proteins, carbohydrates, fats, lipids, vitamins, minerals, enzymes and active chemicals all for use in the manufacture of food supplements, food and beverages; animal-based extracts, proteins, carbohydrates, fats, lipids, vitamins, minerals, enzymes and active chemicals all for use in the manufacture of food supplements, food and beverages; fish, mollusc and crustacean-based extracts, proteins, carbohydrates, fats, lipids, vitamins, minerals, enzymes and active chemicals all for use in the manufacture of food supplements, food and beverages; bacteriological preparations for acetification for the food industry; bacterial cultures, added to food, food supplements and beverages, and other than for medical and veterinary use; bacterial preparations for the food industry; lactobacillus for food, food supplement and beverage manufacturing; casein for the food, food supplement and beverage industries; lactose for the food, food supplement and beverage industries; proteins for use in the manufacture of food, food supplements and beverages; proteins for the food, food supplement and beverage industries; enzyme preparations for the food, food supplement and beverage industries; chemical substances for preserving foodstuffs; chemical additives for food, food supplement and beverage manufacturing; milk ferments for industrial uses; milk ferments for the food industry; milk ferments for the food, food supplement and beverage industries; proteins for use in the manufacture of food and beverage, and food supplements; proteins for use in the manufacture of food supplements; milk ferments for industrial purposes; bacteriological preparations other than for medical and veterinary use; chemical filtering preparations for the beverages industry; oils for the preservation of food; calcium salts; lecithin for industrial purposes, lecithin for the food industry; vitamins for use in the manufacture of food supplements, food and beverages; phosphatides; antioxidants for use in the manufacture of food supplements, foods and beverages; prebiotic bacteria for use in the manufacture of food supplements, food and beverages; prebiotic compositions for use in the manufacture of food, beverages, and food supplements, namely, prebiotic bacteria and prebiotic bacterial cultures; milk protein for use in the manufacture of food and beverages, milk protein for use in the manufacture of food supplements; mineral supplements for the manufacture of foodstuffs |
| 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 | 6 - Active |
| Class Status Date | Wednesday, June 1, 2022 |
| 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 | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, June 1, 2022 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Wednesday, June 1, 2022 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | FONTERRA TM LIMITED |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | Auckland 1010 NZ |
| Party Name | FONTERRA TM LIMITED |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | Auckland 1010 NZ |
| Event Date | Event Description |
| Wednesday, June 1, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, May 30, 2022 | NEW APPLICATION ENTERED |
| Tuesday, March 14, 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 |
| Saturday, May 6, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, May 6, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Saturday, May 6, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, June 14, 2023 | FINAL REFUSAL WRITTEN |
| Wednesday, June 14, 2023 | FINAL REFUSAL E-MAILED |
| Wednesday, June 14, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, July 5, 2023 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Wednesday, July 5, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, July 5, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Sunday, July 16, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, August 2, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, August 22, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, October 17, 2023 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, August 22, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Thursday, April 11, 2024 | SOU EXTENSION 1 GRANTED |
| Thursday, April 11, 2024 | SOU TEAS EXTENSION RECEIVED |
| Thursday, April 11, 2024 | SOU EXTENSION 1 FILED |
| Friday, April 12, 2024 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Monday, October 14, 2024 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Monday, November 18, 2024 | ASSIGNED TO PETITION STAFF |
| Tuesday, November 19, 2024 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Tuesday, November 19, 2024 | PETITION TO DIRECTOR - CHANGE BASIS - GRANTED |
| Monday, October 14, 2024 | SOU TEAS EXTENSION RECEIVED |
| Tuesday, October 15, 2024 | SOU EXTENSION 2 GRANTED |
| Tuesday, October 15, 2024 | SOU EXTENSION 2 FILED |
| Sunday, October 20, 2024 | TEAS PETITION TO AMEND BASIS RECEIVED |