| Serial Number | 79133843 |
| Word Mark | THE FAB 3 |
| Filing Date | Wednesday, April 24, 2013 |
| Status | 404 - IR CANCELLED - US REGISTRATION CANCELLED |
| Status Date | Monday, April 24, 2023 |
| Registration Number | 4757931 |
| Registration Date | Tuesday, June 23, 2015 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, April 7, 2015 |
| Goods and Services | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals namely processed cereals and muesli; whole wheat products, namely, breakfast cereals, cereal-based snack bars, whole wheat based snack foods; coffee, tea, cocoa or chocolate-based drinks; coffee-based and cocoa-based flavoring syrups for making alcoholic or non-alcoholic coffee and cocoa food beverages; non-essential oils, namely, food flavorings; bread, pastry and confectionery, namely, bread, and bakery products, frozen confectionery, confectionery baking chips; sweet products, namely, candy sweets, gum sweets, chocolate, chocolate products, namely, chocolate bars, chocolate eggs, chocolate truffles and chocolate chips all of the aforementioned goods made with real sugar and sugar substitutes; pralines, ices, namely shaved ice confections; pudding; honey, treacles; yeast, baking powder, starch for food; salt, mustard; mayonnaise, ketchup; vinegar, sauces being condiments, namely, pepper sauce, chutneys, pico de gallo sauce and salsas; salad dressings; spices, spice extracts, dried herbs; pizzas and pizza products namely, frozen dough for use as pizza, kits comprised of ingredients for preparing pizza, pizza crust mixes, pizza crust, pizza sauce, fresh pizza dough; pasta, ready-to-serve pasta and frozen pasta; sandwiches, bread rolls and baguettes; sandwiches, namely hamburger sandwiches; sushi; prepared meals and frozen food consisting solely or primarily of whole wheat products, pastry, non-medicated confectionery, pasta or rice; dietetic substances and foodstuffs for non-medical purposes, namely puffed rice, sugar substitutes, pre-baked dietetic bread, dietetic pastries, cookies, and rolls |
| Description of Mark | The mark consists of the wording "THE FAB 3" in stylized letters with a design featuring a human hand in a fist holding up three fingers beneath the number "3". |
| Goods and Services | Meat and meat products, namely, meat, meat paste, meat juices, meat preserves, meat jellies, meat extracts, frankfurters, uncooked hamburger patties, hot dogs, meat-based mousse, meat-based spreads, ham, bacon, salami, mortadella, bacon rinds, roast beef, corned beef, beef patties; fish not live and fish products, namely, deep-frozen fish, processed fish; fish preserves, prepared meals, mainly consisting of fish, fish salads, fish preserves; other seafood not live and goods made therefrom namely, frozen pre-packaged entrees consisting primarily of seafood and tinned seafood; poultry and poultry products, namely, chicken, turkey, duck, turkey sausage, chicken sausage, and duck sausage; canned cooked chicken, duck, or turkey; chicken mousse, chicken stock; turkey burger patties; game and game products, namely, game preserves, venison, buffalo and quail; buffalo burger patties, venison burger patties; sausage and charcuterie; shellfish not live and goods made therefrom, namely, mollusks not live and shellfish not live for human consumption; meat, fish, poultry and game extracts and vegetable extracts, namely, prepared vegetable stocks and frozen, frosted, preserved, processed, dried, cooked or crystallized vegetable extracts for use in prepared meals or food; fruits and vegetables, being pickled in sweet sauce, sour sauce or sweet and sour sauce; sliced fruits and vegetables; fruits and vegetables in the form of salads, fruit and vegetable paste, potato products of all kinds, namely, potato chips, French fried potatoes, fried potatoes, instant potatoes, potato crisps, potato dumplings, potato fritters, potato pancakes, potato salad, potato-based gnocchi, potato-based snack foods, processed potatoes, including all the aforesaid potato products in preserved, cooked, dried or frozen form; processed nuts, processed assorted nuts; processed assorted nuts with dried fruits; jellies, jams, marmalade, fruit purees and other sweet spreads, namely, applesauce, cranberry sauce and fruit-based spreads; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt, butter, cheese and cheese products, namely, cheese, cheese spreads, cheese food, cheese fondue, cheese and cracker combinations consisting primarily of cheese, cream cheese, cottage cheese, cheese powder, gouda cheese, edam cheese, cheddar cheese, soft cheese, strained cheese, white cheese, and processed cheese; cream, yoghurt, curd; milk powder for food, desserts with a yoghurt, curd, cream, milk and/or fruit base, namely, lemon curd, yoghurt desserts, excluding frozen yoghurt, yoghurt desserts with fruits, excluding frozen yoghurt, fruit curd desserts, excluding frozen milk and yoghurt curd desserts, curd desserts with fruits, fruit and cream, or fruit and milk, excluding frozen milk and yoghurt curd desserts, dairy desserts with fruits, excluding ice cream, ice milk and frozen yoghurt, desserts mainly consisting of cream cheese and yoghurt with the addition of fruits, excluding ice cream, ice milk and frozen yoghurt; edible oils and fats; soups, bouillons and stews, and ready-to-serve soups, bouillons and stews; salads with a meat, fish, poultry, game, sausage, seafood, vegetable or fruit base; potato sticks; prepared meals and frozen food consisting solely or primarily of meat, fish, poultry, game, seafood, potatoes, prepared fruit, vegetables or cheese; dietetic substances and foodstuffs for non-medical purposes, alone or predominantly consisting of the aforesaid goods, namely, dietetic prepared meals for non-medical use consisting primarily of meat, fish, fruits, vegetables, eggs and milk that contain vitamin-enriched proteins, carbohydrates, amino acids, fatty acids, and mineral substances, and are low calorie and low sodium |
| Goods and Services | Baby food; nutritional supplements; mineral supplements; dietary supplements containing vitamins |
| Pseudo Mark | THE FAB THREE |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Alcoholic beverages except beer; wines, spirits and liqueurs and alcoholic mixed beverages except beer; cocktails and aperitifs with a spirit or wine base; alcoholic beverages containing wine; alcoholic preparations except beer for making beverages |
| Goods and Services | Beers; non-alcoholic beer, diet beer; mixed drinks containing beer, namely, coffee-flavored beer, beer-based cocktails, flavored beers and beer-based coolers; mineral and aerated waters and other non-alcoholic beverages, namely, cola, non-alcoholic fruit juice beverages; non-alcoholic fruit and fruit juice beverages, fruit juices; vegetable juices being beverages; syrups and other preparations for making beverages, namely, non-alcoholic cocktail bases and syrup substitutes for making beverages |
| Goods and Services | Fresh fruits and vegetables; fresh nuts |
| 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, January 7, 2022 |
| 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, January 7, 2022 |
| 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, January 7, 2022 |
| 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, January 7, 2022 |
| Primary Code | 031 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, January 7, 2022 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, January 7, 2022 |
| Primary Code | 033 |
| 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 | 74172 Neckarsulm DE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | 74172 Neckarsulm DE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | 74172 Neckarsulm DE |
| Event Date | Event Description |
| Saturday, November 11, 2023 | NOTIFICATION OF EFFECT OF CANCELLATION OF INTL REG MAILED |
| Saturday, November 11, 2023 | DEATH OF INTERNATIONAL REGISTRATION |
| Saturday, January 21, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Monday, October 31, 2022 | TOTAL INVALIDATION PROCESSED BY THE IB |
| Wednesday, September 28, 2022 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Wednesday, September 28, 2022 | INVALIDATION PROCESSED |
| Wednesday, September 7, 2022 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, January 7, 2022 | CANCELLED SECTION 71 |
| Thursday, April 16, 2020 | NEW REPRESENTATIVE AT IB RECEIVED |
| Sunday, November 8, 2015 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Tuesday, October 20, 2015 | FINAL DISPOSITION NOTICE SENT TO IB |
| Tuesday, October 20, 2015 | FINAL DISPOSITION PROCESSED |
| Wednesday, September 23, 2015 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, June 23, 2015 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, April 7, 2015 | PUBLISHED FOR OPPOSITION |
| Friday, April 3, 2015 | NOTIFICATION PROCESSED BY IB |
| Wednesday, March 18, 2015 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, March 18, 2015 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, March 18, 2015 | NOTICE OF PUBLICATION |
| Saturday, February 28, 2015 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, February 27, 2015 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, February 26, 2015 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, February 26, 2015 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, February 25, 2015 | ASSIGNED TO LIE |
| Wednesday, February 18, 2015 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, January 30, 2015 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Wednesday, January 14, 2015 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, January 14, 2015 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Monday, August 25, 2014 | NON-FINAL ACTION MAILED |
| Monday, August 25, 2014 | NON-FINAL ACTION WRITTEN |
| Wednesday, August 20, 2014 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, August 20, 2014 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, August 20, 2014 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, February 20, 2014 | PRIORITY ACTION MAILED |
| Thursday, February 20, 2014 | PRIORITY ACTION WRITTEN |
| Tuesday, February 18, 2014 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, February 18, 2014 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, February 18, 2014 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, September 7, 2013 | REFUSAL PROCESSED BY IB |
| Tuesday, August 20, 2013 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, August 20, 2013 | REFUSAL PROCESSED BY MPU |
| Monday, August 19, 2013 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Sunday, August 18, 2013 | NON-FINAL ACTION WRITTEN |
| Tuesday, August 13, 2013 | APPLICATION FILING RECEIPT MAILED |
| Monday, August 12, 2013 | ASSIGNED TO EXAMINER |
| Friday, August 9, 2013 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, August 8, 2013 | SN ASSIGNED FOR SECT 66A APPL FROM IB |