| Serial Number | 79416114 |
| Word Mark | SMART S BREAK |
| Filing Date | Wednesday, October 9, 2024 |
| Status | 686 - PUBLISHED FOR OPPOSITION |
| Status Date | Tuesday, December 23, 2025 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 23, 2025 |
| Goods and Services | Soups, consommés; preparations for making soups or thick soups or broths; milk; soy milk, oat milk, almond milk; coconut milk; dairy beverages; coffee, cocoa, chocolate or tea flavoured milk beverages; almond-milk-based beverages; oat milk-based beverages, coconut milk-based beverages; soy milk-based beverages; powdered milk; potato chips; fruit chips; freeze-dried fruits; fruit compotes; compositions of processed fruits; jam; nut-based spreads; raisins. |
| Goods and Services | Disposable spoons for coffee, dessert or soup made of wood or paper |
| Goods and Services | Sticks made of wood or paper as beverage stirrers; Cosmetic spatulas made of wood or paper, stirrers made of wood or paper for beverages; Cooking skewers made of wood or paper; cups made of paper or cardboard |
| Description of Mark | The mark consists of "SMART BREAK" in black, with a green circle in between the words in which a stylized letter "S" is cut out. The color white represents background and/or transparent areas and is not part of the mark. |
| Goods and Services | Non-medicated toiletry preparations and cosmetic preparations; tissues impregnated with cosmetic lotions; wipes impregnated with make-up removing preparations; gel eye patches for cosmetic use; baby wipes impregnated with cleansing preparations; beauty masks; perfume reeds being air fragrance reed diffusers; scented sticks for adding scent to a flower bouquet or flowering pot plant; incense sticks; air fragrance reed diffusers; pre-scented sticks and strips of paper and cardboard for sampling perfumes; sticks sold with scented oils for room scent diffusers |
| Goods and Services | Coffee; tea; non-medicinal infusions being herbal teas; coffee beverages with milk; hot beverages namely coffee-based beverages, tea-based beverages; bread; sugar substitutes for culinary use; aspartame for culinary use; sugar; coffee substitutes; tea substitutes. |
| Goods and Services | Footwear and headwear. |
| Indication of Colors claimed | The color(s) black and green is/are claimed as a feature of the mark. |
| Goods and Services | Retail store services, online retail store services, and wholesale store services, and all featuring non-medicated cosmetics and toiletry preparations, wipes impregnated with cosmetic lotions, wipes impregnated with makeup removing preparations, gel eye patches for cosmetic use, wipes for babies impregnated with cleaning preparations, beauty masks, perfume reeds, fragrance sticks, joss sticks, air fragrance reed diffusers, sticks for testing perfumes, strips of paper or cardboard for testing perfumes, sticks for air fragrance diffuser, sticks made of wood or paper, spatulas made of wood or paper, stirrers made of wood or paper, coffee, dessert or soup spoons made of wood or paper, skewers made of wood or paper, cups made of paper or cardboard, footwear and headwear, thick soups, consommés, preparations for soups or thick soups or broths, milk, soy milk, oat milk, almond milk, coconut milk, milk beverages, milk beverages flavored with coffee, cocoa, chocolate or tea, almond milk-based beverages, oat milk-based beverages, coconut milk-based beverages, soy milk-based beverages, milk powder, potato chips, fruit chips, freeze-dried fruits, fruit compote, arrangements of processed fruit, jam, nut-based spreads, raisins, coffee, tea, non-medicinal infusions, herbal teas, cocoa, coffee beverages with milk, chocolate beverages with milk, hot beverages, cocoa-based beverages, coffee-based beverages, chocolate-based beverages, tea-based beverages, confectionery, cereal bars, biscuits, cakes, savory pancakes, candy, chocolate, pancakes, waffles, wafers, croissants, macaroons, honey, bread, pains au chocolat, sugar substitutes for culinary use, aspartame for culinary use, sugar, cocoa substitutes, coffee substitutes, tea substitutes, beverages, non-alcoholic beverages flavored with coffee or tea and preparations for such beverages, beers, non-alcoholic beers, non-alcoholic fruit beverages, energy drinks, non-alcoholic beverages, mineral waters, aerated waters, fruit juices, vegetable juice beverages, fruit nectars, tomato juice, lemonades, powders for effervescing beverages, preparations for making non-alcoholic beverages, preparations for making aerated water, syrups for beverages, soda water; rental of vending machines; the bringing together, for the benefit of others, of non-medicated cosmetics and toiletry preparations, wipes impregnated with cosmetic lotions, wipes impregnated with makeup removing preparations, gel eye patches for cosmetic use, wipes for babies impregnated with cleaning preparations, beauty masks, perfume reeds, fragrance sticks, joss sticks, air fragrance reed diffusers, sticks for testing perfumes, strips of paper or cardboard for testing perfumes, sticks for air fragrance diffuser, sticks made of wood or paper, spatulas made of wood or paper, stirrers made of wood or paper, coffee, dessert or soup spoons made of wood or paper, skewers made of wood or paper, cups made of paper or cardboard, footwear and headwear, thick soups, consommés, preparations for soups or thick soups or broths, milk, soy milk, oat milk, almond milk, coconut milk, milk beverages, milk beverages flavored with coffee, cocoa, chocolate or tea, almond milk-based beverages, oat milk-based beverages, coconut milk-based beverages, soy milk-based beverages, milk powder, potato chips, fruit chips, freeze-dried fruits, fruit compote, arrangements of processed fruit, jam, nut-based spreads, raisins, coffee, tea, non-medicinal infusions, herbal teas, cocoa, coffee beverages with milk, chocolate beverages with milk, hot beverages, cocoa-based beverages, coffee-based beverages, chocolate-based beverages, tea-based beverages, confectionery, cereal bars, biscuits, cakes, savory pancakes, candy, chocolate, pancakes, waffles, wafers, croissants, macaroons, honey, bread, pains au chocolat, sugar substitutes for culinary use, aspartame for culinary use, sugar, cocoa substitutes, coffee substitutes, tea substitutes, beverages, non-alcoholic beverages flavored with coffee or tea and preparations for such beverages, beers, non-alcoholic beers, non-alcoholic fruit beverages, energy drinks, non-alcoholic beverages, mineral waters, aerated waters, fruit juices, vegetable juice beverages, fruit nectars, tomato juice, lemonades, powders for effervescing beverages, preparations for making non-alcoholic beverages, preparations for making aerated water, syrups for beverages, soda water, excluding the transport thereof, enabling customers to conveniently view and purchase those goods by means of vending machines |
| Goods and Services | Beverages namely non-alcoholic beverages flavored with coffee or tea and preparations making for such beverages; beers; non-alcoholic beers; non-alcoholic fruit juice beverages; energy drinks; beverages without alcohol, namely vegetable juices ; mineral waters; carbonated water; fruit juices; fruit nectars; tomato juice beverages ; lemonades; effervescent powders for making soft drinks; preparations for making non-alcoholic carbonated beverages; preparations for making aerated water; syrups for making soft drinks or tea-flavored beverages, soda water |
| Goods and Services | Treatment of substances or objects, namely, chemical or physical surface treatment in the nature of applying coatings to packaging for enabling food contact; treatment of paper; treatment of wood for preservation purposes; woodworking; joinery service being custom manufacture of woodwork provided by joiners; wood or paper transformation service, namely, recycling of wood and paper; wood engraving; photogravure; wood, paper or cardboard marking being printing services; timber felling and processing; paper finishing; food and beverage preservation; freezing of foods; food smoking; pasteurization of beverages and food; fruit crushing as food processing; cheese processing services in the nature of ripening, maturing and aging of cheese; beer brewing |
| International Class | 003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| US Class Codes | 001, 004, 006, 050, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, February 6, 2025 |
| Primary Code | 003 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 008 - Hand tools and implements (hand-operated); cutlery; side arms; razors. |
| US Class Codes | 023, 028, 044 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, February 6, 2025 |
| Primary Code | 008 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 021 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. |
| US Class Codes | 002, 013, 023, 029, 030, 033, 040, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, February 6, 2025 |
| Primary Code | 021 |
| 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 | 6 - Active |
| Class Status Date | Thursday, February 6, 2025 |
| Primary Code | 025 |
| 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 | Thursday, February 6, 2025 |
| 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 | 6 - Active |
| Class Status Date | Thursday, February 6, 2025 |
| 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 | 6 - Active |
| Class Status Date | Thursday, February 6, 2025 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, February 6, 2025 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 040 - Treatment of materials. |
| US Class Codes | 100, 103, 106 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, February 6, 2025 |
| Primary Code | 040 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | SMART TREE |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | FR |
| Party Name | SMART TREE |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 03 - Corporation |
| Address | FR |
| Party Name | SMART CORP |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 98 - Unknown |
| Address | FR |
| Event Date | Event Description |
| Thursday, February 6, 2025 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, February 7, 2025 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, February 7, 2025 | APPLICATION FILING RECEIPT MAILED |
| Friday, March 21, 2025 | ASSIGNED TO EXAMINER |
| Monday, March 24, 2025 | NON-FINAL ACTION WRITTEN |
| Tuesday, March 25, 2025 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, April 11, 2025 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Friday, May 16, 2025 | REFUSAL PROCESSED BY MPU |
| Saturday, May 17, 2025 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, June 7, 2025 | REFUSAL PROCESSED BY IB |
| Wednesday, November 12, 2025 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, November 12, 2025 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, November 12, 2025 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, November 25, 2025 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, November 25, 2025 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, November 25, 2025 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, November 25, 2025 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, November 26, 2025 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, December 17, 2025 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, December 23, 2025 | PUBLISHED FOR OPPOSITION |
| Tuesday, December 23, 2025 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |