| Serial Number | 79172169 |
| Word Mark | THE FOODIES BROS. ARTE ITALIANA |
| Filing Date | Wednesday, April 1, 2015 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, September 15, 2023 |
| Registration Number | 5148428 |
| Registration Date | Tuesday, February 28, 2017 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 13, 2016 |
| Goods and Services | Salted snacks, namely, Taco Chips, Tortilla Chips, Corn Chips, Soya Chips, Rice chips, Extruded corn snacks, Popcorn, and Pretzels; maize flakes; Ready-to-eat cereals; flour-based snacks, namely, flour-based chips; sesame-based snacks, namely, sesame seed brittle; crackers; Flour-based gnocchi; pancakes; pasta; rice; frozen, prepared or packaged meals based on cereals, namely, cereal based snack foods; ready to eat, cereal-derived food bars; processed cereals; cakes; pastries; sandwiches; and pizzas; spring rolls; Korean-style dried seaweed rolls containing cooked rice, steamed dumplings; tortilla meals consisting primarily of pasta or rice; salt; spices; flavourings, other than essential oils, for food, cheese, and beverages; seasonings; vinegar; bakery goods; confectionery, namely, pastilles, and fondants; chocolate; sweets; sugar; natural sweeteners; sweet icings, namely, cake icing; fillings, namely, Chocolate-based fillings for cakes and pies; honey; ice; ice creams; frozen yogurt; sorbets; coffee; tea; cocoa; starches, namely, food starch and corn starch; baking preparations, namely, salt, and sugar; yeast; tomato sauce |
| Description of Mark | The mark consists of the stylized wording "ARTE ITALIANA" and "THE FOODIES BROS." within an upside down triangle that has incomplete borders and below a graphic representation of a fork and a paint brush crossed in the middle of each at perpendicular angles. |
| Goods and Services | Meat; fish, not live; seafood, not live; shellfish, not live; dairy products excluding ice cream, ice milk and frozen yogurt and substitutes therefor, namely, Artificial cream, Coffee whiteners consisting principally of dairy products, Cream, being dairy products, powdered milk, and cream; edible oils and fats; fruits, namely, fruit preserves, dried fruits, frozen and freeze dried fruits, under dried fruits, namely, pomegranates, cherries, cranberries, blueberries and pineapples; processed mushrooms; preserved and processed mushrooms; frozen mushrooms; dried mushrooms; vegetables, namely, frozen, canned, preserved vegetables; processed pulses including hazelnuts pulses; hazelnut spread; jellies, jams and compotes; ready-to-eat meals consisting primarily of meats and cheese and also including Rice and Noodles; soups; snacks and confectionery, namely, edible birds' nests; casseroles, namely, prepared meals consisting primarily of meat, fish, poultry or vegetables; pollen prepared as foodstuff; soya preparations not for use as nutritional supplements, namely, soya milk, soya powders, soya granules, processed soya beans, and tofu; ready-to-eat meals mainly based on meat, fish, seafood or vegetables; potato-based snacks foods; potato-based side dishes, namely, potato dumplings, potato fries; prepared soups; apple sauce; stews; instant soups; yuca crisps |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of "ARTE ITALIANA" in the mark is "Italian Art". |
| Goods and Services | Preparations for making alcoholic beverages, namely, Alcoholic cocktail mixes; alcoholic beverages except beers; wine |
| NOT AVAILABLE | "FOODIES BROS." |
| Goods and Services | Beer; beer products, namely, beer-based cocktails; non-alcoholic beverages, namely, carbonated beverages, and fruit juice beverages; mineral water; fruit juices; preparations for making beverages, namely, fruit drinks |
| Goods and Services | Agricultural crops, namely, fresh corn, raw corn, and unprocessed corn; agricultural, horticultural and forestry grains not included in other classes, namely, grains for planting, and unprocessed grains for eating; animal foodstuffs and fodder |
| 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, September 15, 2023 |
| Primary Code | 029 |
| 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, September 15, 2023 |
| 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, September 15, 2023 |
| 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, September 15, 2023 |
| Primary Code | 033 |
| 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, September 15, 2023 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | D&C S.p.A. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | IT |
| Party Name | D&C S.p.A. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | IT |
| Party Name | D&C S.p.A. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | IT |
| Event Date | Event Description |
| Monday, September 14, 2015 | ASSIGNED TO EXAMINER |
| Thursday, September 10, 2015 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, September 14, 2015 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, September 14, 2015 | NON-FINAL ACTION WRITTEN |
| Tuesday, September 15, 2015 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, September 15, 2015 | REFUSAL PROCESSED BY MPU |
| Tuesday, September 15, 2015 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, September 18, 2015 | APPLICATION FILING RECEIPT MAILED |
| Friday, October 2, 2015 | REFUSAL PROCESSED BY IB |
| Saturday, March 12, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, March 12, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, March 14, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, April 14, 2016 | NON-FINAL ACTION E-MAILED |
| Thursday, April 14, 2016 | NON-FINAL ACTION WRITTEN |
| Thursday, April 14, 2016 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, June 24, 2016 | REFUSAL PROCESSED BY IB |
| Monday, September 19, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, September 19, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, September 19, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, September 22, 2016 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, September 22, 2016 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, September 22, 2016 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, September 22, 2016 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, September 22, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, October 4, 2016 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Wednesday, October 19, 2016 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Monday, October 24, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, November 7, 2016 | ASSIGNED TO LIE |
| Wednesday, November 9, 2016 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Monday, October 24, 2016 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, October 24, 2016 | EXAMINERS AMENDMENT E-MAILED |
| Monday, October 24, 2016 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, October 24, 2016 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, November 23, 2016 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, December 13, 2016 | PUBLISHED FOR OPPOSITION |
| Tuesday, February 28, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Friday, March 3, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Wednesday, November 23, 2016 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, November 23, 2016 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Friday, December 9, 2016 | NOTIFICATION PROCESSED BY IB |
| Tuesday, December 13, 2016 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, February 15, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, February 15, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Thursday, June 15, 2017 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, September 15, 2023 | CANCELLED SECTION 71 |
| Sunday, May 28, 2017 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Thursday, June 15, 2017 | FINAL DISPOSITION PROCESSED |
| Saturday, July 8, 2017 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, August 31, 2018 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, May 31, 2019 | NEW REPRESENTATIVE AT IB RECEIVED |
| Thursday, November 14, 2019 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, May 14, 2021 | NEW REPRESENTATIVE AT IB RECEIVED |
| Monday, February 28, 2022 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Wednesday, May 15, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Wednesday, May 22, 2024 | INVALIDATION PROCESSED |
| Wednesday, May 22, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Tuesday, June 11, 2024 | TOTAL INVALIDATION PROCESSED BY THE IB |