| Serial Number | 77253314 |
| Word Mark | RAFFERTY'S GARDEN |
| Filing Date | Monday, August 13, 2007 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, May 8, 2015 |
| Registration Number | 3510813 |
| Registration Date | Tuesday, October 7, 2008 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, July 22, 2008 |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Description of Mark | The mark consists of A caricature of an infant holding a leaf upon which the words in the mark appear. |
| Goods and Services | Infant and baby foods and beverages, namely, infant formulas, dietetic feeding preparations and formulas and dietetic substances adapted for medical use |
| Goods and Services | Printed matter, namely, stationery, greeting cards, posters, and paper bags; printed publications, namely, children's books, journals, magazines and newspapers relating to babies, infants and children, food and beverages, nutrition and diet; photographs; adhesives for stationery or household purposes; printed instructional and teaching materials, namely, lesson plans, tests, course outlines, all relating to babies, infants and children, food and beverages, nutrition and diet; plastic bags and pouches for the packaging of foods and beverages |
| Goods and Services | Clothing, namely, T-shirts, shirts, dresses, skirts, tops, shorts, trousers, scarves, jackets, sweat-tops; sportswear, namely, sport shirts, coats, jackets, and jerseys; footwear, namely, socks shoes and boots; and headwear |
| Goods and Services | Toys, games and playthings, namely, soft toys, dolls, figurines, board games, outdoor games, gymnastic apparatus, balls for games and exercise |
| Goods and Services | Meat, fish, poultry and game; seafood; preserved, dried cooked or processed fruits; preserved, dried cooked or processed fruit sticks and bars; preserved, dried cooked or processed vegetables and vegetable mixes; canned fruits and vegetables; frozen fruits and vegetables; stir fry vegetables; beans, namely, baked beans, dried beans, processed beans and dried beans; dairy products, namely, milk, cream, cheese, yogurt; drinks made from dairy products; soups, broths and broth concentrates; consumes and soup preparations; frozen and shelf-stable soups; sweet spreads, namely, fruit-based spreads, jams and marmalade; savoury spreads made predominantly from meat, fish, poultry, games, vegetables or fruits; pickles; vegetable extract spreads; snack foods, namely, snack foods based on fruit, meats, potato, soy or vegetables; candied fruit snacks; prepared meals and constituents for meals, namely, frozen prepared meals consisting predominantly of meat, fish poultry, or seafood with or without sauces and seasonings; prepared meals, namely, dairy products or meat, poultry or seafood with or without sauces or seasonings; meat, chicken, seafood or vegetable stock; snack dips; tomato paste; edible oils and fats; eggs; nuts, namely, seasoned, shelled, processed, roasted, candied, and shelled nuts and nut meats; yogurt-based drinks |
| Goods and Services | Rice, pasta, noodles, couscous; pasta sauces made predominantly of meat fish, poultry, game and vegetables; breakfast cereals; processed cereals; cereal-based snack foods; frozen, prepared or packaged meals made predominantly from rice, pasta or noodles; rice cakes and crackers; tea; coffee; cocoa; coffee essence; coffee extracts; mixtures of coffee and chicory; chicory and chicory mixtures, all for use as substitutes for coffee; candy; pastries; cakes; biscuits; crackers; crispbread; bread; bread sticks; ices; ice cream; frozen confections; frozen yogurt; chilled desserts, namely, puddings and pies; mousses and sorbets; pastry; honey; treacle; maple syrup; yeast extract spreads; mustard; relishes; snack foods, namely, rice, wheat, grain or granola based snack foods and snack cakes; prepared meals consisting primarily of pasta or rice; prepared meals in a can consisting primarily of pasta or rice; chocolate; sauces; ketchup; tomato sauce; soy sauce; chili sauce; oyster sauce; simmer sauces; stir fry sauces; sauces in a pouch; pizza; pizza crusts; sauces for pizza, namely, tomato and white sauces; sauces for pasta and rice; salad dressings; mayonnaise; spices; seasonings and marinades; condiments, namely, salt and pepper; dessert toppings, namely, chocolate syrup and marshmallow toppings; flavorings to be added to foods and beverages; salsa; prepared entrees and meals consisting predominantly of pasta or rice which include spring rolls, curry puffs, dim sums, samosas, wontons; wonton wrappers; capers; cooking sauces; frozen prepared meals consisting predominantly of noodles or rice with or without sauces or seasonings; chutney; preserved garden herbs and processed herbs |
| Goods and Services | Beverages, namely, fruit drinks and fruit juices; vegetable drinks and vegetable Juices; fruit flavored drinks; vegetable flavored drinks |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, May 8, 2015 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
| US Class Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, May 8, 2015 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, May 8, 2015 |
| Primary Code | 025 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 028 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. |
| US Class Codes | 022, 023, 038, 050 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, May 8, 2015 |
| Primary Code | 028 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, May 8, 2015 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, May 8, 2015 |
| Primary Code | 030 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, May 8, 2015 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | RAFFERTY'S GARDEN PTY LIMITED |
| Party Type | 32 - New Owner After Registration |
| Legal Entity Type | 11 - Company |
| Address | DOUBLE BAY, NSW 2028 AU |
| Party Name | RAFFERTY'S GARDEN IP LIMITED |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 11 - Company |
| Address | HASTINGS 4122 NZ |
| Party Name | Rafferty's Garden Limited |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 11 - Company |
| Address | Havelock North 4130 NZ |
| Party Name | Rafferty's Garden Limited |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 11 - Company |
| Address | Havelock North 4130 NZ |
| Party Name | Rafferty's Garden Limited |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 11 - Company |
| Address | Havelock North 4130 NZ |
| Event Date | Event Description |
| Thursday, December 7, 2017 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, May 8, 2015 | CANCELLED SEC. 8 (6-YR) |
| Wednesday, November 3, 2010 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Wednesday, November 26, 2008 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Tuesday, October 7, 2008 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, July 22, 2008 | PUBLISHED FOR OPPOSITION |
| Wednesday, July 2, 2008 | NOTICE OF PUBLICATION |
| Tuesday, June 17, 2008 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Monday, June 16, 2008 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, June 16, 2008 | EXAMINER'S AMENDMENT ENTERED |
| Friday, June 13, 2008 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Friday, June 13, 2008 | EXAMINERS AMENDMENT E-MAILED |
| Friday, June 13, 2008 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, June 12, 2008 | AMENDMENT FROM APPLICANT ENTERED |
| Thursday, June 12, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, June 9, 2008 | PAPER RECEIVED |
| Thursday, May 22, 2008 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, May 22, 2008 | FINAL REFUSAL E-MAILED |
| Thursday, May 22, 2008 | FINAL REFUSAL WRITTEN |
| Thursday, May 22, 2008 | AMENDMENT FROM APPLICANT ENTERED |
| Thursday, May 22, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, May 21, 2008 | ASSIGNED TO LIE |
| Tuesday, May 20, 2008 | PAPER RECEIVED |
| Tuesday, November 20, 2007 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, November 20, 2007 | NON-FINAL ACTION E-MAILED |
| Tuesday, November 20, 2007 | NON-FINAL ACTION WRITTEN |
| Tuesday, November 20, 2007 | ASSIGNED TO EXAMINER |
| Friday, August 17, 2007 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Thursday, August 16, 2007 | NEW APPLICATION ENTERED IN TRAM |