| Serial Number | 79330119 |
| Word Mark | THE ORIGINAL CONES SINCE 1994 BY MOUNTAIN HIGHN HIGH |
| Filing Date | Friday, December 3, 2021 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Wednesday, May 8, 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 | NOT AVAILABLE |
| Description of Mark | The mark consists of the stylized yellow wording "THE ORIGINAL CONES SINCE 1994" appearing within an incomplete yellow oval. Below the oval carrier and wording appears a yellow stylized cigarette design with the stylized wording "BY MOUNTAIN HIGH" appearing within the design; the color white as it appears in the mark represents background and is not claimed as a feature of the mark. |
| Pseudo Mark | THE ORIGINAL CONES SINCE ONE NINE NINE FOUR BY MOUNTAIN HIGH |
| Goods and Services | Tobacco processing machines; cigarette machines for industrial purposes; machines for making cigarette filter rods; paper production machines; paper reeling machines; all of the above exclusively for use with cannabis products solely derived from hemp with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis |
| Pseudo Mark | THE ORIGINAL CONES SINCE ONE THOUSAND NINE HUNDRED NINETY FOUR BY MOUNTAIN HIGH |
| Pseudo Mark | THE ORIGINAL CONES SINCE NINETEEN HUNDRED NINETY FOUR BY MOUNTAIN HIGH |
| Pseudo Mark | THE ORIGINAL CONES SINCE NINETEEN NINETY FOUR BY MOUNTAIN HIGH |
| Section 2(f) Limitation Statement | CONES has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 3079850 |
| Indication of Colors claimed | The color yellow is/are claimed as a feature of the mark. |
| Goods and Services | Advertising, marketing and promotional services; services with regard to product presentation, namely, organisation and conducting of product presentations to the public for others; promoting the goods and services of others; retail and wholesale store services featuring tobacco processing machines, cigarette machines for industrial purposes, machines for making cigarette filter rods, paper production machines, paper reeling machines; retail and wholesale store services featuring tobacco and tobacco products (including substitutes); retail and wholesale store services featuring articles for use with tobacco and tobacco products, namely, tobacco substitutes; retail and wholesale store services featuring disposable paper products, cigarette tubes, cigarette lighters, cigar and cigarette cases; import-export agencies and commercial intermediation services in the nature of connecting buyers and sellers in the field of tobacco processing machines, cigarette machines for industrial purposes, machines for making cigarette filter rods, paper production machines, paper reeling machines; import-export agencies and commercial intermediation services in the nature of connecting buyers and sellers in the field of tobacco and tobacco products, namely, tobacco substitutes; import-export agencies and commercial intermediation services in the nature of connecting buyers and sellers in the field of articles for use with tobacco and tobacco products, namely, tobacco substitutes; import-export agencies and commercial intermediation services in the nature of connecting buyers and sellers in the field of disposable paper products, cigarette tubes, cigarette lighters, cigar and cigarette cases; all of the aforementioned services also provided via the internet; all of the above exclusively for use with cannabis products solely derived from hemp with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis |
| Goods and Services | Tobacco; flavourings for tobacco other than essential oils; hookah tobacco; tobacco and tobacco products, namely, tobacco substitutes; articles for use with tobacco, namely, cigar storage tubes, filter tubes; rolling tobacco; cigarette paper; cigarette tubes; cigarette cases; cigarette lighters; cigar and cigarette cases; containers for cigars, namely, cigar storage tubes; smokers' articles, namely, cigar storage tubes, filter tubes; matches; cigarette wrappers being cigarette paper; machines to pre-roll cigarette tubes being cigarette rolling machines; electronic cigarettes; liquid nicotine solutions for use in electronic cigarettes; cigarette filters; pocket cigarette rolling machines; hand held machines for injecting tobacco into tubes; all of the above exclusively for use with cannabis products solely derived from hemp with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis |
| NOT AVAILABLE | "ORIGINAL", "SINCE 1994" |
| International Class | 034 - Tobacco; smokers' articles; matches. |
| US Class Codes | 002, 008, 009, 017 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, January 4, 2022 |
| Primary Code | 034 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 007 - Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. |
| US Class Codes | 013, 019, 021, 023, 024, 031, 034, 035 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, January 4, 2022 |
| Primary Code | 007 |
| 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 | 6 - Active |
| Class Status Date | Tuesday, January 4, 2022 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Vandenberg Special Products B.V. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | NL |
| Event Date | Event Description |
| Thursday, December 30, 2021 | SN ASSIGNED FOR SECT 66A SUBSEQ DESIG FROM IB |
| Tuesday, January 4, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Saturday, January 8, 2022 | APPLICATION FILING RECEIPT MAILED |
| Monday, September 12, 2022 | ASSIGNED TO EXAMINER |
| Friday, September 23, 2022 | ASSIGNED TO EXAMINER |
| Tuesday, September 27, 2022 | ASSIGNED TO EXAMINER |
| Friday, October 14, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, October 13, 2022 | NON-FINAL ACTION WRITTEN |
| Thursday, December 29, 2022 | REFUSAL PROCESSED BY MPU |
| Thursday, December 29, 2022 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, February 6, 2023 | REFUSAL PROCESSED BY IB |
| Wednesday, May 31, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, May 31, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Sunday, June 18, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Thursday, June 29, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, June 29, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, June 30, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, October 10, 2023 | EXAMINERS AMENDMENT AND/OR PRIORITY ACTION - COMPLETED |
| Tuesday, October 10, 2023 | COMBINED EXAMINER'S AMENDMENT/PRIORITY ACTION AUTOMATIC ENTRY |
| Tuesday, October 10, 2023 | EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Tuesday, October 10, 2023 | NOTIFICATION OF EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Wednesday, May 8, 2024 | ABANDONMENT NOTICE E-MAILED - FAILURE TO RESPOND |
| Wednesday, May 8, 2024 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |