| Serial Number | 79201031 |
| Word Mark | THE VEGETARIAN BUTCHER |
| Filing Date | Friday, June 24, 2016 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, July 5, 2024 |
| Registration Number | 5357118 |
| Registration Date | Tuesday, December 19, 2017 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 3, 2017 |
| Goods and Services | Coffee, tea, cocoa, coffee substitutes; rice, tapioca, sago; flour and preparations made from cereals, namely, breakfast cereal; bread, pastries and confectionery made of sugar, edible ices; sugar, honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces; spices; ice; potato flour for culinary purposes; algae for use as a spice; almond paste; aniseed for use as a flavoring in food and drinks; aromatic preparations, namely, food flavourings, other than essential oils; flavorings for beverages other than essential oils; flavorings for cakes, other than essential oils; aromatic preparations for food, namely, spices; vinegar; baking powder; baking soda; pastry; sandwiches; rusks; processed gluten for food, namely, gluten additives for culinary purposes; beer vinegar; starch-based binding agents for ice cream; binders for sausages, namely, sausage rolls; macaroons; bean flour; butter cookies; bread; rolls; cocoa; cocoa beverages with milk; cake pastry; cheeseburger sandwiches; chocolate; chocolate beverages with milk; chocolate mousse; chow chow; chutney; spicy sauces; chicory coffee substitute; ice cream; couscous; crackers; cream of tartar for culinary purposes; custard; dough; dough for pies; pasta; dessert mousses; beverages based on cocoa; beverages based on chocolate; beverages based on coffee; tea-based beverages; stick licorice; licorice confectionery; essences for foodstuffs except etheric oils, namely, coffee essences; fondants; pastry powder, namely, confectioner's sugar; turmeric for food; ground corn, namely, corn meal; ginger spice; husked oats; husked corn kernels, namely, dried corn husks for tamales; crushed oats; puffed corn, namely processed popcorn; dishes based on flour, namely, pasta; roasted corn; barley husked; barley crushed; barley flour; yeast; fermented hot pepper paste for use as a seasoning; glucose for culinary purposes; gluten-additives for culinary purposes; cereal preparations, namely, ready-to-eat cereals; cereal bars with increased protein content; cereal flakes, dried; semolina; grits for human consumption; halva; oatmeal; oat flakes; honey; ice; iced tea; candy; cinnamon; capers; caramels; chewing gum; curry; ketchup; cooking salt; cookies; coffee; coffee essences; coffee drinks with milk; artificial coffee; royal jelly for food purposes; herbal teas, not for medical use; processed herb mixtures; condiment, namely, oyster sauce; dried cumin seeds for use as a condiment; seasonings; gingerbread; cloves; linseed for use as a seasoning; spring rolls; prepared meals consisting primarily of noodles; macaroni; cornmeal; hominy, water or milk based; corn flakes cereal; maltose for food; marinades; marzipan; mayonnaise; flour; wheat flour; flour preparations, namely, nut flours; molasses for food; golden syrup; mustard; mustard meal; malt biscuits; malt extracts for food; malt for food purposes; granola; nutmeg; natural sweeteners; noodles; unroasted coffee; unleavened bread; palm sugar; breadcrumbs; pancakes; gruel, with a milk base, for food; pasta sauce; pastries; pies, sweet and savory; confectionery, namely, pastilles; pepper; peppermint candies; peppermint for confectionery; pesto; petit fours cakes; pimiento used as a condiment; pizzas; vegetable preparations for use as coffee substitutes; powders for making ice cream; pralines; meat tenderizers for household purposes; starch-based thickeners for whipped cream; propolis for food purposes; dessert pudding; quiches; ravioli; relishes; rice; rice cakes; saffron for use as a food seasoning; sago; celery salt; salad dressings; chocolate confectionery; soybean paste; soya flour; soy sauce; sorbets; spaghetti; star anise seed; sugar; ham glaze; cake frosting and icing; confectionery for decorating Christmas trees; confectionery based on almonds; confectionery based on peanuts; sushi; cakes; tabbouleh; tacos; tapioca; tapioca flour for food; wheat germ for human consumption; tea; tomato sauce; tortillas; garden herbs, preserved; vanilla flavoring; vanillin in the nature of a vanilla substitute; prepared vegetarian meals and snack foods based primarily on vegetables; thickening agents for the cooking foodstuffs; vermicelli; cereal-based snack foods; rice-based snack food; tarts; meat pies; sauce for meat; oat-based snack foods; food flavourings made from soy being non-essential oils; fruit paste confectionery; fruit sauces; waffles; frozen yoghurt; sea water for use in cooking; starch for food; salt for the preservation of food; leaven yeast; Food flavourings and additives made from lupins, namely, lupin flour |
| Goods and Services | Services for the treatment of materials, namely, food processing of soya and lupine; food processing of fats and oils; preservation of food; processing of foodstuffs; consultancy and information regarding the aforesaid services, including via electronic networks such as the internet |
| Description of Mark | The mark consists of a stylized orange and black circular ornamental border in art nouveau/art deco style, in which appears a tan woman with black hair, an orange headband, an orange and white striped apron over a white blouse, holding a grey and black cleaver and orange carrots with green tops, next to the black wording "THE VEGETARIAN BUTCHER". The remaining white represents background and does not form part of the mark. |
| Certificate of Correction for Registration | In the statement, line 3, "Nl" should be deleted, and NL should be inserted and "Tl" should be deleted and TL should be inserted. |
| Goods and Services | Meat, fish, poultry and game, not live; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; potato beignets; potato flakes; ajvar (preserved peppers); albumin milk; albumin milk for use in cooking; algae extracts for food; alginates for culinary purposes; aloe vera prepared for human consumption; anchovy not live; apple purée; pickles; bone oil for food; frozen fruit; processed nuts; processed fish eggs; processed seeds; processed sunflower seeds; beans, preserved; blueberry compote; butter; butter cream; broth; broth preparations; cocoa butter; mushrooms, preserved; compote; jams; dates; edible jellies; edible oils; edible palm kernel oil; edible rapeseed oil; edible fats; edible birds' nests; eggs; eggs in powder form; egg yolks; egg whites; peas, preserved; fruit salads; sliced fruit; shrimps, not live; fried potato slices, namely, potato chips; concentrated broth preparations; candied fruit; canned vegetables; preserved garlic; dried vegetables; cooked vegetables; cooked fruits; unflavored and unsweetened gelatin; ground almonds; ginger jam; curdled milk; poultry not live; sweetened eggnog without alcohol; preserved vegetables; vegetable mousse; vegetable juices for use in cooking; vegetable salads; vegetable soups; ham; herring; hummus; chickpea paste; tripe; vegetable or meat based salted foods, namely, jerky; cheese; rennet; caviar; kefir; kimchi made from fermented vegetable; kumis; coconut butter; coconut, dried; coconut oil; coconut fat; lobsters, not live; dried currants; meat croquettes; spiny lobsters, not live; lecithin for use in cooking; liver; liver pate; light potato chips; linseed oil for use in cooking; lentils, preserved; corn oil; margarine; marmalades; milk; milk drinks, in which milk is the main ingredient; milk ferments for culinary purposes; whey; animal marrow for food; milkshakes; mussels, not live; oysters, not live; olive oil for food; olives, preserved; palm oil for food; clams, not live; pectin for culinary purposes; piccalilli; peanut butter; peanuts, processed; pollen prepared as foodstuff; prostokvasha namely, soured milk; lard; cream; ryazhenka, namely, fermented baked milk; sardines not live; shellfish, not live; sesame oil; whipped cream; snail eggs for human consumption; smetana, namely, sour cream; soups; soup preparations; soya beans, preserved, for food; soy milk for use as a milk substitute; bacon; prawns, not live; tahini, namely, sesame seed paste; tofu; suet for food; tomato paste; tomato juice for culinary purposes; tuna, not live; truffles, preserved; onions, preserved; pork; fruit-based snack food; vegetarian snacks, meals and meat substitute products, namely, vegetable based snack foods, prepared meals consisting primarily of vegetables, meat substitutes; fat-containing mixtures for bread slices, namely, butter; fish, not live; canned fish; fish fillets; fish, preserved; processed seafood; fish, salted; isinglass for food; fish meal for human consumption; fish mousse; meat; meat fillings; canned meat; meat, preserved; meat jellies; meat substitutes; prepared meals consisting primarily of meat substitutes; fish substitutes; prepared meals consisting primarily of fish substitutes; foods and additives for foods made from lupins, namely, vegetable based snack foods, prepared meals consisting primarily of vegetables, meat substitutes; foods and additives for foods produced from soybeans, namely, soybean oil for food; canned fruit; fruits, preserved; fruit preserved in alcohol; fruit jellies; fruit pulp; fruit peel; game, not live; sausage; sausages in batter; sausages; yogurt; salmon, not live; sea cucumbers, not live; seaweed, roasted; silkworm chrysalis for human consumption; crayfish, not live; sunflower oil for food; sauerkraut |
| Goods and Services | Transport, home delivery and storage of goods relating to services provided by supermarkets and retailers |
| Indication of Colors claimed | The color(s) black, white, grey, orange, green and tan is/are claimed as a feature of the mark. |
| Goods and Services | Advertising; business management; business administration; office functions; retail store services and wholesale distributorship services featuring foodstuffs and drinks; services of supermarkets and retailers, namely the bringing together of goods except the transport thereof, enabling the consumer conveniently to view and purchase them in the field of foodstuffs and drinks; publicity and sales promotion; advertising and advertising mediation; distribution of advertising material; marketing services; marketing research and analysis; providing information in the field of sales promotion and publicity in the field of culinary affairs and cooking; development of marketing strategies and concepts; the developing and organising advertising campaigns; business management advisory services relating to franchising; sales promotion of goods and services by advertisements on online bulletin boards; providing information and advice relating to the aforesaid services; Design of advertising materials for others, namely, design of house styles for advertising purposes in connection with implementation of franchise agreements; Business administrative services in connection with drafting and concluding franchise agreements with regard to retail and wholesale services franchising |
| Goods and Services | Beers; mineral and aerated waters; non-alcoholic beverages, namely, fruit drinks, energy drinks, dairy substitutes; fruit beverages and fruit juices; Concentrates, syrups or powders for making soft drinks or tea-flavored beverages; non-alcoholic beverages, namely, non-alcoholic beer; non-alcoholic fruit beverages; non-alcoholic fruit extracts used in the preparation of beverages; aloe vera drinks, non-alcoholic; almond milk drink; aperitifs, non-alcoholic; apple juice; beer; beer wort; cocktails, non-alcoholic; whey-based beverages; grape must; essences for the preparation of non-alcoholic beverages; ginger beer; vegetable juice beverages; non-alcoholic honey-based beverages; hop extracts for brewing beer; isotonic drinks; non-alcoholic carbonated beverages; kvass; lemonades; syrups for lemonade; lithia water; mineral water beverages; must; malt beer; malt must; soft drinks featuring peanut milk; preparations for making beverages, namely, powders for making soft drinks; preparations for making liqueurs, namely, essences used in the preparation of liqueurs not in the nature of essential oils; soda pop beverages; essences for the preparation of mineral waters and aerated waters not in the nature of essential oils; sarsaparilla; seltzer water; syrups for beverages; smoothies; sorbets beverages; concentrates in tablet form for making soft drinks; table water; tomato juice drink; fruit nectars; fruit juices; drinking water |
| International Class | 040 - Treatment of materials. |
| US Class Codes | 100, 103, 106 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, July 5, 2024 |
| Primary Code | 040 |
| 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, July 5, 2024 |
| 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, July 5, 2024 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, July 5, 2024 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, July 5, 2024 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, July 5, 2024 |
| Primary Code | 039 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Unilever IP Holdings B.V. |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 99 - Other |
| Address | NL |
| Party Name | De Korte Weg B.V. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 26 - NOT AVAILABLE |
| Address | NL |
| Party Name | De Korte Weg B.V. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 26 - NOT AVAILABLE |
| Address | NL |
| Party Name | De Korte Weg B.V. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 26 - NOT AVAILABLE |
| Address | NL |
| Event Date | Event Description |
| Wednesday, February 8, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, February 2, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Wednesday, February 8, 2017 | ASSIGNED TO EXAMINER |
| Wednesday, February 22, 2017 | REFUSAL PROCESSED BY MPU |
| Tuesday, February 14, 2017 | APPLICATION FILING RECEIPT MAILED |
| Saturday, February 18, 2017 | NON-FINAL ACTION WRITTEN |
| Sunday, February 19, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, February 22, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, March 11, 2017 | REFUSAL PROCESSED BY IB |
| Tuesday, August 22, 2017 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, August 22, 2017 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, August 22, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, August 22, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, August 22, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, August 24, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, September 13, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Friday, January 26, 2018 | PAPER RECEIVED |
| Tuesday, October 3, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, October 3, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, December 19, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Saturday, March 3, 2018 | ASSIGNED TO PARALEGAL |
| Saturday, March 3, 2018 | CORRECTION UNDER SECTION 7 - PROCESSED |
| Monday, March 19, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Thursday, March 29, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Monday, December 19, 2022 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, July 5, 2024 | CANCELLED SECTION 71 |
| Wednesday, March 28, 2018 | FINAL DISPOSITION PROCESSED |
| Friday, May 11, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, June 20, 2019 | NEW REPRESENTATIVE AT IB RECEIVED |
| Saturday, November 12, 2022 | CHANGE OF OWNER RECEIVED FROM IB |