| Serial Number | 79202110 |
| Word Mark | THE BAKERY · FRESHLY BAKED THROUGHOUT THE DAY · |
| Filing Date | Thursday, October 13, 2016 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, June 21, 2024 |
| Registration Number | 5348287 |
| Registration Date | Tuesday, December 5, 2017 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, September 19, 2017 |
| Goods and Services | Bakery goods, confectionery made of sugar, chocolate and desserts, namely, dessert puddings, dessert soufflés, bakery desserts, frozen desserts in the nature of frozen confections, ice cream desserts, dessert mousses; processed grains, food starches, and goods made thereof, namely, noodles, potato flours, flour, starch syrup, rice, corn, wheat flour, baking preparations in the nature of, mixes for making baking batters, baking powders, baking spices, baking soda, and yeasts; snack food products consisting of cereal products; snack food products made from potato flour; snack foods prepared from maize; snacks manufactured from muesli; flaky pastry containing ham; stuffed buns, namely, baozi; pretzels; brioches; bean jam buns; frankfurter sandwiches; buckwheat jelly, namely, memilmuk; burritos; calzones; sandwiches, namely, cheeseburgers; crackers made of prepared cereals; crackers flavoured with meat; crackers flavoured with vegetables; crackers flavoured with herbs; crackers flavoured with cheese; crackers flavoured with spices; egg pies; empanadas; enchiladas; crepes; chocolate-based ready-to-eat food bars; pastries containing vegetables and fish; prepared meals in the form of pizzas; prepared meals containing principally pasta; pies containing meat; meat pies; fresh pizza; fresh sausage rolls; egg rolls; prawn crackers; filled baguettes; filled bread rolls; vegetable pies; meals consisting primarily of pasta; toasted sandwiches; toasted cheese sandwich; toasted cheese sandwich with ham; cereal-based snack food; mincemeat pies; flapjacks; hamburgers contained in bread rolls, namely, hamburger sandwiches; millet cakes; canapes; sandwiches containing fish fillet; sandwiches containing meat; crackers filled with cheese; pastries containing vegetables and meat; pastries containing vegetables and poultry; pies; pies containing fish; pies containing poultry; pies containing vegetables; pies containing game; sweet pies and savoury pies; prepared savory foodstuffs made from potato flour, namely, bread, pizza; savory pastries; prepared pizza meals; quesadillas; quiches; rice-based snack food; salted tarts; sandwiches; sandwiches containing fish; sandwiches containing chicken; sandwiches containing minced beef; sandwiches containing salad; pork pies; sesame snacks, namely, sesame sticks,; snack foods made from wheat; snack food products made from cereal starch; snack food products made from maize flour; snack food products made from rusk flour; snack foods made of whole wheat; cheese flavored puffed corn snacks; crumbles, in the nature of baked goods; dry and liquid ready-to-serve meals, mainly consisting of pasta; ready to eat savory snack foods made from maize meal formed by extrusion; pre-baked pizzas crusts; snack foods consisting principally of bread; snack foods consisting principally of extruded cereals; soft pretzels; poultry and game meat pies; whole wheat crisps in the nature of crackers, cookies, pretzels; sausage rolls; pasta-based prepared meals; onion biscuits; snack foods made from corn and in the form of puffs; frozen pastry stuffed with meat and vegetables |
| Description of Mark | The mark consists of an orange windmill design above the white stylized wording "THE BAKERY" above the white stylized wording "FRESHLY BAKED TROUGHOUT THE DAY" between two white circles all on a brown background. |
| Indication of Colors claimed | The color(s) brown, white and orange is/are claimed as a feature of the mark. |
| Goods and Services | Retail store services featuring foodstuffs; retail outlet services featuring foodstuffs; retail distributorship services featuring foodstuffs; retail store services featuring baked goods; retail outlet services featuring baked goods; retail distributorship services featuring baked goods; retail store services featuring confectionery; retail outlet services featuring confectionery; retail distributorship services featuring confectionery; wholesale store services featuring baked goods; wholesale store services featuring confectionery; wholesale store services featuring foodstuffs |
| NOT AVAILABLE | "BAKERY FRESHLY BAKED THROUGHOUT THE DAY" |
| 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, June 21, 2024 |
| Primary Code | 030 |
| 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, June 21, 2024 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Event Date | Event Description |
| Friday, March 3, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, March 25, 2017 | REFUSAL PROCESSED BY IB |
| Thursday, February 23, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, February 27, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, February 27, 2017 | ASSIGNED TO EXAMINER |
| Wednesday, March 1, 2017 | NON-FINAL ACTION WRITTEN |
| Thursday, March 2, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, March 3, 2017 | APPLICATION FILING RECEIPT MAILED |
| Friday, March 3, 2017 | REFUSAL PROCESSED BY MPU |
| Wednesday, August 9, 2017 | EXAMINERS AMENDMENT E-MAILED |
| Friday, May 5, 2017 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, May 5, 2017 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, June 15, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, July 20, 2017 | ASSIGNED TO LIE |
| Wednesday, July 26, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, July 26, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, July 28, 2017 | LIMITATION OF GOODS RECEIVED FROM IB |
| Wednesday, August 9, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, August 9, 2017 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, August 30, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, September 13, 2017 | LIMITATION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Tuesday, September 19, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, September 19, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, December 5, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Monday, March 5, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, March 20, 2018 | FINAL DISPOSITION PROCESSED |
| Wednesday, August 9, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Monday, August 14, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, March 20, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, May 11, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Tuesday, October 27, 2020 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Tuesday, October 27, 2020 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, October 27, 2020 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, October 27, 2020 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Tuesday, October 27, 2020 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, December 5, 2022 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Sunday, January 22, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, October 21, 2022 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, June 21, 2024 | CANCELLED SECTION 71 |