| Serial Number | 79378185 |
| Word Mark | SUNTORY WHISKY TOKI |
| Filing Date | Thursday, April 13, 2023 |
| Status | 686 - PUBLISHED FOR OPPOSITION |
| Status Date | Tuesday, June 25, 2024 |
| 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, June 25, 2024 |
| Goods and Services | Entertainment services, namely, providing on-line, non-downloadable virtual alcoholic and non-alcoholic beverages, food products, dietary supplements, and cosmetics for use in virtual environments created for entertainment purposes; Entertainment services, namely, providing on-line, non-downloadable virtual alcoholic and non-alcoholic beverages, food products, dietary supplements, and cosmetics for use in virtual video game environments created for entertainment purposes; Providing online non-downloadable videos in the field of alcoholic and non-alcoholic beverages, food products, dietary supplements, and cosmetics; Providing online non-downloadable visual and audio recordings featuring alcoholic and non-alcoholic beverages, food products, dietary supplements, and cosmetics; Providing online non-downloadable electronic publications in the nature of pamphlets, books, magazines, and brochures in the field of alcoholic and non-alcoholic beverages, food products, dietary supplements, and cosmetics; providing entertainment information via a website; providing online computer games |
| Description of Mark | The mark consists of the stacked wording "SUNTORY WHISKY TOKI" next to a single Japanese character which transliterates to "KI" or "TOKI". |
| NOT AVAILABLE | The non-Latin characters in the mark transliterate to "KI" and this means "EACH OF THE FOUR SEASONS" in English; The non-Latin characters in the mark transliterate to "TOKI" and this has no meaning in a foreign language |
| Goods and Services | Downloadable virtual goods, namely, computer programs featuring alcoholic and non-alcoholic beverages, food products, dietary supplements and cosmetics, for use in virtual environments and virtual worlds; Downloadable multimedia file containing audio, and video relating to alcoholic and non-alcoholic beverages, food products, dietary supplements and cosmetics authenticated by non-fungible tokens (NFTs); Downloadable image files containing alcoholic and non-alcoholic beverages, food products, dietary supplements and cosmetics authenticated by non-fungible tokens (NFTs); Downloadable multimedia file containing audio, and video relating to alcoholic and non-alcoholic beverages, food products, dietary supplements and cosmetics; downloadable music files; downloadable image files containing alcoholic and non-alcoholic beverages, food products, dietary supplements and cosmetics; Downloadable virtual goods in the nature of image files of avatars for use in online virtual environments; Downloadable image files of avatars for use in virtual worlds; downloadable virtual goods, namely, computer programs featuring alcoholic and non-alcoholic beverages, food products, dietary supplements and cosmetics for use in virtual environments and virtual worlds; downloadable multimedia files containing artwork, text, audio, music and video relating to alcoholic and non-alcoholic beverages, food products, dietary supplements and cosmetics; downloadable multimedia files containing artwork, text, audio, music and video relating to alcoholic and non-alcoholic beverages, food products, dietary supplements and cosmetics authenticated by non-fungible tokens (NFTs); downloadable computer software for managing, displaying, monetizing, purchasing, selling, trading, transferring, clearing, verifying and authenticating virtual goods, digital collectibles, image files and audio files authenticated by non-fungible tokens; downloadable computer software for use as a digital token wallet; downloadable software to allow users to electronically create, store, send, receive, approve, exchange and transmit digital assets; downloadable computer programs for data storages; downloadable computer programs for blockchain data storage; downloadable computer software for facilitating financial transactions with others; downloadable computer software for facilitating financial trading using blockchain; downloadable computer programs for data authentication; downloadable computer programs for data authentication using blockchain; downloadable computer software for purchasing and selling the rights to downloadable virtual goods and digital collectibles; downloadable computer software for managing digital collectibles; downloadable audio recordings featuring music authenticated by non-fungible tokens (NFTs); downloadable software for sharing digital files; downloadable computer software and downloadable mobile application software for viewing images and videos related to alcoholic and non-alcoholic beverages, food products, dietary supplements and cosmetics; Pre-recorded video discs and video tapes featuring information in the field of alcoholic and non-alcoholic beverages, foods, dietary supplements, and cosmetics; Electronic control circuits for electronic musical instruments; Multimedia software recorded on CD-ROM featuring performance of electronic musical instruments; Downloadable electronic publications in the nature of pamphlets, books, magazines, and brochures in the field of alcoholic and non-alcoholic beverages, foods, dietary supplements, and cosmetics |
| NOT AVAILABLE | "WHISKY" |
| Translation of Words in Mark | The wording "TOKI" has no meaning in a foreign language |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, September 8, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, September 8, 2023 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Suntory Holdings Limited |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | JP |
| Party Name | Suntory Holdings Limited |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | JP |
| Event Date | Event Description |
| Thursday, September 7, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, September 8, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, October 19, 2023 | ASSIGNED TO EXAMINER |
| Thursday, October 26, 2023 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, October 30, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, September 12, 2023 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, October 25, 2023 | NON-FINAL ACTION WRITTEN |
| Wednesday, November 22, 2023 | REFUSAL PROCESSED BY IB |
| Friday, April 19, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, April 19, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, April 20, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, May 21, 2024 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, May 21, 2024 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, May 21, 2024 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, May 21, 2024 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, May 21, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, June 5, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, June 12, 2024 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Thursday, June 13, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Friday, June 14, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, June 25, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, June 25, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Monday, October 30, 2023 | REFUSAL PROCESSED BY MPU |