| Serial Number | 79187999 |
| Word Mark | SMILE BALL |
| Filing Date | Tuesday, February 23, 2016 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, December 8, 2023 |
| Registration Number | 5206803 |
| Registration Date | Tuesday, May 23, 2017 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, March 7, 2017 |
| Goods and Services | Confectionery made of sugar, fruit, nut, chocolate, or yogrut ; bread and buns; prepared sandwiches; steamed buns stuffed with minced meat (niku-manjuh); prepared hamburgers sandwiches; pizzas; hot dogs sandwiches; meat pies; seasonings; seasoned powder for sprinkling on rice (furi-kake); spices; cereal preparations, namely, breakfast cereal, cereal bars and cereal-based snack food; Chinese stuffed dumplings (gyoza, cooked); chinese steamed dumplings (shumai, cooked); sushi; fried balls of batter mix with small pieces of octopus (takoyaki); pre-packaged boxed lunches consisting primarily of rice or noodle, and also including meat, fish or vegetables; ravioli; instant confectionery mixes, namely, pre-processed mixes for making non-dairy frozen confections and sherbet confectionery ice; instant pudding mix; jelly mix, namely, mixes of sweet adzuki-bean jelly (mizu-yokan-no-moto), mixes of chocolate jelly, and mixes of fruit jelly (confectionery); pasta sauce; curry sauce mixes, namely, mixes for making soups and broth containing curry sauce, instant curry sauce, pre-cooked curry sauce |
| Description of Mark | The mark consists of the wording "SMILE BALL" in stylized font with a smile design appearing below the term "SMILE" and inside a design of a large onion with a design of a smaller onion appearing to the right of the term "BALL". |
| Goods and Services | Milk products excluding ice cream, ice milk and frozen yogurt; processed meat products, namely, beef, pork, chicken, ham, turkey, lamb and veal; processed fish products for human consumption, namely, boiled and dried fish, smoked fish, processed fish roe and processed fish spawn; processed vegetables and processed fruits; fried tofu pieces (abura-age); freeze-dried tofu pieces (kohri-dofu); jelly made from devils' tongue root (konnyaku); soybean milk; tofu; fermented soybeans (natto); stew mixes, namely, mixes for making stew, instant stew, pre-cooked stew; soup mixes, namely, instant soup, pre-cooked soup; curry stew mixes, namely, mixes for making soups and broth containing curry stew, instant curry stew, pre-cooked curry stew; dried flakes of laver for sprinkling on rice in hot water (ochazuke-nori); prepared meals consisting primarily of meat; prepared meals consisting primarily of fish; prepared meals consisting primarily of vegetables; prepared meals consisting primarily of tofu |
| Goods and Services | Pharmaceutical preparations for the treatment of infectious diseases; lacteal flour for babies; dietary supplements for humans in the form of liquid; dietary supplements for humans; dietetic foods, namely, pasta and crackers adapted for medical purposes; dietetic beverages, namely, dietary supplemental drinks in the nature of vitamin and mineral beverages adapted for medical purposes; beverages for babies; food for babies; dietary supplements for animals |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Retail store services and wholesale store services featuring foods and beverages |
| Goods and Services | Unprocessed edible seaweeds, namely, wakame, kelp and ulva; fresh vegetables; fresh onions; unprocessed tea leaves; fresh fruits; unprocessed foxtail millet; unprocessed proso millet; unprocessed edible sesame; unprocessed buckwheat; unprocessed corn; unprocessed japanese barnyard millet; unprocessed wheat, barley and oats; unprocessed rice; unprocessed sorghum; animal foodstuffs; seeds and bulbs; live trees; grasses, namely, natural grass for decoration, fresh pasture grass; turf; dried flowers; seedlings; saplings; flowers; grass seed; pasture grass seed; potted dwarfed trees (bonsai) |
| 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, December 8, 2023 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, December 8, 2023 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, December 8, 2023 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. |
| US Class Codes | 001, 046 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, December 8, 2023 |
| Primary Code | 031 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, December 8, 2023 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | House Foods Group Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | JP |
| Party Name | House Foods Group Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | JP |
| Party Name | House Foods Group Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | JP |
| Event Date | Event Description |
| Thursday, July 7, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, June 30, 2016 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, July 1, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, July 1, 2016 | ASSIGNED TO EXAMINER |
| Tuesday, July 5, 2016 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, July 6, 2016 | NON-FINAL ACTION WRITTEN |
| Friday, January 20, 2017 | ASSIGNED TO LIE |
| Tuesday, January 24, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, February 15, 2017 | NOTICE OF PUBLICATION |
| Wednesday, February 15, 2017 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, February 15, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Thursday, July 7, 2016 | REFUSAL PROCESSED BY MPU |
| Thursday, July 7, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, July 22, 2016 | REFUSAL PROCESSED BY IB |
| Tuesday, December 27, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, January 23, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, January 23, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, January 31, 2017 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Tuesday, March 7, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, May 23, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, August 23, 2017 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Friday, September 1, 2017 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, December 8, 2023 | CANCELLED SECTION 71 |
| Friday, August 9, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Monday, August 19, 2024 | INVALIDATION PROCESSED |
| Monday, August 19, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Sunday, September 8, 2024 | TOTAL INVALIDATION PROCESSED BY THE IB |
| Friday, October 20, 2017 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, March 3, 2017 | NOTIFICATION PROCESSED BY IB |
| Friday, September 1, 2017 | FINAL DISPOSITION PROCESSED |