| Serial Number | 79295001 |
| Word Mark | THE ORIGINAL OATLY! |
| Filing Date | Wednesday, June 3, 2020 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, August 31, 2021 |
| Registration Number | 6465760 |
| Registration Date | Tuesday, August 31, 2021 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, June 15, 2021 |
| Goods and Services | Flour, oat-based food and foodstuffs, namely, processed oats, oat-based bars and oat-based energy-bars; oatmeal, rolled oats; cereals in the nature of breakfast cereals; processed cereals; food preparations and foodstuffs made from cereals, namely, cereal-based snack food, cereal based energy bars, high-protein cereal bars, biscuits, tarts, cakes made with cereals, ready-to-eat cereals, cereal-based snack bars; crisps made of cereals; breakfast cereals; breakfast cereals containing fibre; breakfast cereals containing a mixture of fruit and fibre; cereal flakes; muesli consisting predominantly of cereals; cereal bars and energy bars; cereal powders; oat flakes; muesli; oat-based gruel snack foods consisting principally of grain; snack foods consisting principally of extruded cereals; cereal snacks; snack foods and snack products made from cereals; snacks made from muesli; snack foods made of whole wheat; bread; wholemeal bread and bread mixes; whole wheat bread and crisps; biscuits; pastry and confectionery, namely, chocolate confectionary; oat-based cake mixes, oat-based biscuit mixes; coffee; decaffeinated coffee; instant coffee; roasted coffee in powder form; artificial coffee; coffee drinks and beverages; coffee-based drinks and beverages; coffee-based drinks and beverages containing milk substitutes; pancakes; waffles; pancake batter; liquid batter for making pancakes; oat-based pancakes; oat-based waffles; oat-based pancake batter; oat-based liquid batter for making pancakes; powdered preparations containing cocoa for use in making beverages; oat-based drinks in powder form, namely, oat-based coffee drinks, cocoa drinks and espresso drinks in powder form; food sauces; cooking sauces; prepared foodstuffs in the form of sauces; oat-based sauces; oat-based custard; oat-based vanilla custard; oat-based vanilla sauce; ice cream substitute; ice cream; ice cream made from milk substitutes; non-dairy ice cream; oat-based ice cream; oat-based flavoured ice-cream; oat-based fruit ice-cream; flavoured ice-cream; fruit ice-cream; milk substitutes frozen yoghurt; non-dairy frozen yoghurt; fermented foodstuffs, namely, oat-based soy sauce, oat-based pastes; oat-based grains and cereal-based snack foods for non-medical slimming purposes; grain-based snack foods for non-medical for slimming purposes |
| Goods and Services | Education services, namely, providing classes, seminars, workshops and tutoring relating to nutrition; dietary education services, namely, providing classes, seminars and workshops in the field of dietary nutrition; providing of training in the field of health care and nutrition; provision of instruction relating to nutrition; Educational services, namely, providing courses of instruction nutrition and diet; training related to nutrition and diet, not including medical instruction |
| Description of Mark | The mark consists of the wording "THE ORIGINAL" above "OATLY!" in which a design of an oat ear appears inside the letter "A" in the term "OATLY". |
| Goods and Services | Downloadable software, namely, game software; downloadable software for identifying third party retail stores that carry designated products and indicating product locations within the stores; downloadable software for users to share user generated content in the nature of recipes; downloadable application software for converting online recipes to include non-dairy ingredients; downloadable application software for locating and storing recipes; downloadable digital recipes and collections of recipes in electronic format |
| Certificate of Correction for Registration | In the Statement, classes 5 and 21 have been corrected per the Restriction dated September 23, 2021, and per the fnote dated November 22, 2021. |
| Goods and Services | Cutlery, namely, table forks and table knives; forks, namely, pastry forks; knives, namely, pastry knives; spoons, namely, tea spoons, dessert spoons, soup spoons |
| Goods and Services | Backpacks; duffle bags, tote bags |
| Goods and Services | Dairy substitutes, namely, artificial cream, hazelnut milk, soy milk, coconut oil for food, coconut butter; dairy product substitutes, namely, oat-based cream; milk substitutes; milk substitutes containing oats; oat milk in the nature of a milk substitute; oat-based beverages and drinks for use as a milk substitute; milk substitute based beverages and drinks; functional milk substitute beverages; fruit-flavored oat-based drinks; milk substitute-based drinks containing coffee; yoghurt substitutes; yoghurt substitutes containing oats; milk substitute preparations for making yoghurt; oat-based yoghurt substitute; oat-based yoghurt and drinking yoghurt free of milk and lactose; yoghurt and drinking yoghurt substitutes containing oats; fruit-flavored yoghurt substitutes; fruit-flavored yoghurt substitutes containing oats; sour milk substitutes; sour cream substitutes; sour milk substitutes containing oats; sour cream substitutes containing oats; cream substitutes; crème fraîche substitutes; cream substitutes containing oat; crème fraîche substitutes containing oats; non-dairy creamer; oat-based cooking cream and creamer; vegetable-based cream; butter substitutes, margarine substitutes; oat-based butter substitutes; oat-based margarine substitutes; non-dairy-based cheese substitutes; cheese mixtures based on dairy substitutes; cheese powder based on dairy substitutes; cheese substitutes; oat-based cheese; instant powder dairy substitutes; milk substitute powder, milk substitute powder for food and nutritional purposes; dried milk substitute powder, cream substitute powder; flavored milk substitute powder for making drinks; compotes, fruit and vegetable spreads; oat-based and vegetable based dairy substitute products for slimming purposes, namely, artificial milk, cream and cheese based on oats and vegetables; soup powders |
| Goods and Services | Transportation and delivery of goods; packaging and storage of goods |
| Goods and Services | Oat-based food supplements and oat-based dietary supplements; oat-based nutritional supplements; oat-based dietary supplement drink mixes in the nature of nutritional supplements; oat-based dietary supplemental drinks in the nature of nutritional supplement vitamin and mineral beverages; oat-based nutritional supplement in the nature of a nutrient-dense drink mix; food for babies; nutraceuticals for therapeutic purposes and for use as nutritional supplements and dietary supplements; nutraceuticals for therapeutic purposes; nutraceuticals for use as a dietary supplement; grain-based nutritional supplements and dietary supplements for therapeutic purposes; grain-based nutraceuticals for therapeutic purposes and for use as nutritional supplements and dietary supplements; oat-based nutraceuticals for therapeutic purposes and for use as nutritional supplements and dietary supplements; functional foods for slimming purposes, namely, weight management supplements; functional beverages for slimming purposes, namely, weight management supplements; probiotic supplements; vitamin and mineral supplements; anti-oxidant food supplements; calcium supplements; mineral nutritional supplements; bacteriological preparations and preparations of microorganisms for medical and veterinary use, namely, probiotic bacteria and bacteria cultures being ingredients for dietetic substances for pharmaceutical medical and veterinary use; food supplements and health food supplements for persons with special dietary requirements; grain-based food supplements for slimming purposes; oat-based food supplements for slimming purposes; dietary supplements for slimming purposes; probiotic supplements for slimming purposes [ ; oat-based dietary supplement drink mixes; oat-based dietary supplemental drinks in the nature of vitamin and mineral beverages ] |
| Goods and Services | Bumper stickers; cards, namely, printed informational cards in the field of nutritional information, note cards, printed note cards; calendars; greeting cards; printed recipe cards; printed recipes sold as a component of food packaging; posters; pens; recipe books; stickers; prints; adhesive stickers |
| Goods and Services | Headwear, namely, hats, and caps; clothing for women, men, boys and girls, namely, shirts, blouses, jackets, sweatpants and sweatshirts, knitted tops, scarves, sweaters; clothing for women, men, boys and girls, namely, t-shirts, tank tops, sport knit shirts |
| Goods and Services | Business management of wholesale and retail outlets; retail store services featuring food and foodstuffs, beverages and drinks, food supplements and dietary food supplements, dietary supplements and dietetic preparations; retail store services featuring functional foods, functional health foods and functional beverages, slimming products; retail store services featuring dairy substitutes and dairy product substitutes, processed grains, oats and oat-based products; retail store services featuring books, bumper stickers, cards, calendars, printed recipe cards, printed matter, posters, pens, photographs, recipe books, stickers, prints, adhesive stickers, magazines; retail store services featuring clothing, and headwear |
| Goods and Services | Dietary and nutritional guidance; health counselling; nutritional advice; nutritional advisory services; food nutrition consultation; providing nutritional information about food |
| NOT AVAILABLE | "ORIGINAL" |
| Goods and Services | Drinking vessels and barware, namely, highball glasses, whiskey glasses, cocktail glasses, carafes, decanters, coupe glasses, snifters, mugs; serving pots and jugs, coffee pots and tea pots; milk jugs; jugs for frothing milk; non-electric milk frothers; cups, saucers and [ mug ] * mugs * ; bowls |
| Goods and Services | Preparations for making beverages, namely, powders for making fruit beverages, fruit-based and fruit-flavored beverages, vegetable juices, smoothies, whey beverages, isotonic beverages and sports beverages; non-alcoholic beverages, namely, fruit beverages, fruit-based and fruit-flavored beverages, vegetable juices, smoothies; non-alcoholic drinks, namely, isotonic non-alcoholic drinks, carbonated non-alcoholic drinks and energy shots; oat-based beverages not being milk substitutes; oat-based natural energy drinks; oat-based breakfast drinks, namely, smoothies containing oats, fruit juices containing oats and vegetable juices containing oats; oat-based fruit drink beverages; oat-based smoothie beverages; oat-based fruit and berry drinks and beverages; oat-based drinks and beverages for slimming purposes, namely, smoothies containing oats, fruit juices containing oats and vegetable juices containing oats, all for non-medical slimming purposes; energy drinks; energy drinks containing caffeine; recovery drinks in the nature of sports drinks; sports drinks; functional water-based beverages, namely, water-based sports drinks, water-based energy drinks and water-based sports recovery drinks; powders used in the preparation of fruit-based drinks and beverages; oat-based dietary supplement drink mixes (not milk substitutes); oat-based dietary supplemental drinks in the nature of vitamin and mineral beverages (not milk substitutes); powders for the preparation of beverages, namely, powders for the preparation of fruit beverages and powders for the preparation of vegetable beverages, powders used in the preparation of fruit-based drinks; powders for use in preparation of fruit based beverages |
| Goods and Services | Provision of food and drink; cafe services and cafeteria services; cafes and cafeterias; take away food and drink services; take away cafe and cafeteria services |
| 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 | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, October 20, 2020 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 008 - Hand tools and implements (hand-operated); cutlery; side arms; razors. |
| US Class Codes | 023, 028, 044 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, October 20, 2020 |
| Primary Code | 008 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Tuesday, October 20, 2020 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
| US Class Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, October 20, 2020 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 018 - Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. |
| US Class Codes | 001, 002, 003, 022, 041 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, October 20, 2020 |
| Primary Code | 018 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 021 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. |
| US Class Codes | 002, 013, 023, 029, 030, 033, 040, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, October 20, 2020 |
| Primary Code | 021 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, October 20, 2020 |
| Primary Code | 025 |
| 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 | 6 - Active |
| Class Status Date | Tuesday, October 20, 2020 |
| 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 | 6 - Active |
| Class Status Date | Tuesday, October 20, 2020 |
| Primary Code | 030 |
| 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 | 6 - Active |
| Class Status Date | Tuesday, October 20, 2020 |
| Primary Code | 032 |
| 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, October 20, 2020 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 039 - Transport; packaging and storage of goods; travel arrangement. |
| US Class Codes | 100, 105 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, October 20, 2020 |
| Primary Code | 039 |
| 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 | Tuesday, October 20, 2020 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, October 20, 2020 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, October 20, 2020 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Oatly AB |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | SE |
| Party Name | Oatly AB |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | SE |
| Party Name | Oatly AB |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | SE |
| Event Date | Event Description |
| Thursday, October 1, 2020 | SN ASSIGNED FOR SECT 66A SUBSEQ DESIG FROM IB |
| Thursday, October 15, 2020 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| Tuesday, October 20, 2020 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, October 20, 2020 | ASSIGNED TO EXAMINER |
| Tuesday, October 27, 2020 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Saturday, October 24, 2020 | APPLICATION FILING RECEIPT MAILED |
| Monday, October 26, 2020 | NON-FINAL ACTION WRITTEN |
| Tuesday, December 1, 2020 | CORRECTION CREATED FOR IB |
| Tuesday, November 17, 2020 | REFUSAL PROCESSED BY MPU |
| Tuesday, November 17, 2020 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, April 9, 2021 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Saturday, April 10, 2021 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, December 2, 2020 | CORRECTION SENT TO IB |
| Saturday, December 12, 2020 | REFUSAL PROCESSED BY IB |
| Friday, April 9, 2021 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, May 10, 2021 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, May 10, 2021 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, May 10, 2021 | EXAMINERS AMENDMENT E-MAILED |
| Monday, May 10, 2021 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, May 10, 2021 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, June 15, 2021 | PUBLISHED FOR OPPOSITION |
| Monday, May 10, 2021 | ASSIGNED TO LIE |
| Wednesday, May 26, 2021 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Saturday, May 29, 2021 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Tuesday, June 15, 2021 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Saturday, September 25, 2021 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Tuesday, August 31, 2021 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, November 30, 2021 | CORRECTION UNDER SECTION 7 - PROCESSED |
| Tuesday, November 30, 2021 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, November 30, 2021 | CORRECTION FROM IB ENTERED - NO REVIEW REQUIRED |
| Saturday, March 5, 2022 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Tuesday, March 22, 2022 | CORRECTION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Saturday, July 30, 2022 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Thursday, August 4, 2022 | CORRECTION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Thursday, September 22, 2022 | INVALIDATION REVIEWED - NO ACTION REQUIRED BY OFFICE |
| Friday, February 11, 2022 | FINAL DISPOSITION PROCESSED |
| Friday, February 11, 2022 | FINAL DISPOSITION NOTICE SENT TO IB |
| Monday, March 7, 2022 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Tuesday, June 21, 2022 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Sunday, June 11, 2023 | RESTRICTION OF HOLDER'S RIGHT OF DISPOSAL RECEIVED |
| Tuesday, October 17, 2023 | LIMITATION FROM THE IB EXAMINED, NO ACTION IS NEEDED |