| Serial Number | 77228324 |
| Word Mark | RUSIE EARL GREY |
| Filing Date | Thursday, July 12, 2007 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, May 12, 2017 |
| Registration Number | 3857202 |
| Registration Date | Tuesday, October 5, 2010 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, April 21, 2009 |
| Indication of Colors claimed | The color(s) dark orange, light orange, light green, light blue, medium blue, dark red, dark blue, dark brown, light brown, light red, dark magenta, light magenta, light grey, yellow, and black is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "TEA LIQUEUR", "EARL GREY", "BLEND OF WORLD FAMOUS MLESNA TEA", "COCKTAIL" AND "UNIQUE LIQUOR" |
| Description of Mark | The mark consists of a stylized woman's face with hair comprised of leaves. Above the image of the woman's face appears a scrolled lining design in black. Written across the design of leaves is the term "TEA LIQUEUR" in black. The term "RUSIE" appears in stylized black lettering across the lower portion of the design of the woman. Beneath this appears the term "EARL GREY" in black. Below the term "EARL GREY" appears the wording "THE STORY OF RUSIE IS ONE OF PERFECTION, TALENT, AND NATURE USING A BLEND OF WORLD FAMOUR MLESNA TEA, MR. AIZU THE COCKTAIL CHAMPION HAS CREATED A UNIQUE LIQUOR WHICH SATISFIES AND SOFISTICATES. TRY IT AND LET YOUR TASTES TRAVEL" in black lettering. The background of the entire mark is comprised of a swirl of colors, the bottom third of the swirl including dark and light orange, and the upper two-thirds of the mark including light grey, light green and yellow. The woman's face is outlined by the above-referenced leaves, the outline of her face is in black, and her eyes are solid black as are her lips in shaded fashion. A shadow of her chin is also shaded in black. Her nose is comprised of two rough black lines closely configured apart from one another that are connected above her lip with a short horizontal line. The two lines extend upward and curve over her eyes as eyebrows, all in black. The orientation of the woman's face is slightly right of center and slightly above center in the mark, and her head is tilted slightly to the left. The above-described leaves completely surround the aforementioned face. All of the leaves are outlined in black, and the leaves configured closest to the face are more solidly colored while some of the leaves furthest from the woman's face take on the colors of the background. The leaves directly bordering the woman's face starting on her forehead and moving clockwise are colored in light blue, light green, orange, dark brown, light brown, medium green, light orange, light green, dark green, medium green. Additional leaves on the right side of her face include leaves shaded in light green, light magenta, yellow, dark red, and leaves above her face in dark green, medium green, dark blue, light magenta, light red, and yellow. On the left side of her face additional leaves are colored medium green, light blue, light red, and dark green. The outlines of leaves become less defined as they move away to the left and down from her face and continue into the light orange and orange portion of the background. Random specks of leaves and color appear on either side of her face away from the leaves. On the left side of her face two colors appear in such specks, that of light blue and dark red, and three specks, two in light blue, and one in red appear on the right side of her face. A small speck of light orange appears above her head in the midst of the aforementioned scrolled lining design in black. |
| Goods and Services | Liqueur beverages |
| Name/Portrait Description and/or Consent Statement | The name "Mr. Aizu" identifies a living individual whose consent is of record. |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, May 12, 2017 |
| Primary Code | 033 |
| First Use Anywhere Date | Thursday, June 14, 2007 |
| First Use In Commerce Date | Tuesday, June 15, 2010 |
| Party Name | Kabushiki Kaisha Flavio |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Tokyo JP |
| Party Name | Kabushiki Kaisha Flavio |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Tokyo JP |
| Party Name | Kabushiki Kaisha Flavio |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Tokyo JP |
| Event Date | Event Description |
| Friday, May 12, 2017 | CANCELLED SEC. 8 (6-YR) |
| Tuesday, October 5, 2010 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, August 31, 2010 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE MAILED |
| Monday, August 30, 2010 | LAW OFFICE REGISTRATION REVIEW COMPLETED |
| Monday, August 30, 2010 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Friday, August 27, 2010 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, August 27, 2010 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, August 26, 2010 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, July 27, 2010 | NON-FINAL ACTION MAILED |
| Monday, July 26, 2010 | SU - NON-FINAL ACTION - WRITTEN |
| Monday, July 26, 2010 | STATEMENT OF USE PROCESSING COMPLETE |
| Tuesday, July 6, 2010 | USE AMENDMENT FILED |
| Monday, July 26, 2010 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Tuesday, July 6, 2010 | TEAS STATEMENT OF USE RECEIVED |
| Monday, November 16, 2009 | EXTENSION 1 GRANTED |
| Monday, November 16, 2009 | EXTENSION 1 FILED |
| Monday, November 16, 2009 | TEAS EXTENSION RECEIVED |
| Tuesday, July 14, 2009 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, April 21, 2009 | PUBLISHED FOR OPPOSITION |
| Wednesday, April 1, 2009 | NOTICE OF PUBLICATION |
| Tuesday, March 17, 2009 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Tuesday, March 17, 2009 | EXAMINERS AMENDMENT MAILED |
| Monday, March 16, 2009 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, March 16, 2009 | EXAMINER'S AMENDMENT ENTERED |
| Monday, March 16, 2009 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, February 27, 2009 | NON-FINAL ACTION MAILED |
| Thursday, February 26, 2009 | NON-FINAL ACTION WRITTEN |
| Thursday, December 18, 2008 | AMENDMENT FROM APPLICANT ENTERED |
| Thursday, December 18, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, December 11, 2008 | PAPER RECEIVED |
| Monday, September 22, 2008 | NON-FINAL ACTION MAILED |
| Saturday, September 20, 2008 | NON-FINAL ACTION WRITTEN |
| Wednesday, July 23, 2008 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, July 23, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, July 23, 2008 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, June 25, 2008 | NON-FINAL ACTION MAILED |
| Tuesday, June 24, 2008 | NON-FINAL ACTION WRITTEN |
| Wednesday, March 19, 2008 | AMENDMENT FROM APPLICANT ENTERED |
| Wednesday, March 19, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, March 19, 2008 | ASSIGNED TO LIE |
| Thursday, February 28, 2008 | PAPER RECEIVED |
| Tuesday, October 16, 2007 | NON-FINAL ACTION MAILED |
| Tuesday, October 16, 2007 | NON-FINAL ACTION WRITTEN |
| Tuesday, October 16, 2007 | ASSIGNED TO EXAMINER |
| Wednesday, July 18, 2007 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Tuesday, July 17, 2007 | NEW APPLICATION ENTERED IN TRAM |