| Serial Number | 79340325 |
| Word Mark | TOBLERONE |
| Filing Date | Tuesday, July 7, 2020 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, November 7, 2023 |
| Registration Number | 7209454 |
| Registration Date | Tuesday, November 7, 2023 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, August 22, 2023 |
| Description of Mark | The mark consists of the stylized red wording "TOBLERONE". The working is outlined in brown and black, and is set against a yellow background. |
| Goods and Services | Electric apparatus, instruments and cables, namely, electric shaver chargers; battery chargers, including for electronic cigarettes; USB chargers, including for electronic cigarettes; chargers for automobiles, including for electronic cigarettes, namely, USB charging ports for use in vehicles; electrical adapters; telephone adapters being adapter plugs; [ information technology apparatus and equipment; ] audiovisual, [ multimedia, ] optical, cinematographic and photographic apparatus, namely, computer; communication equipment, namely, cellular phones; reproduction apparatus, namely, sound reproduction apparatus; data processing equipment and accessories electrical and mechanical, namely, memories for data processing equipment; sound, image or data recording, transmitting, reproducing or processing apparatus and instruments; calculating devices, namely, calculators; computer peripheral devices; mouse pads; protective covers and cases for mobile phones, tablets and other electronic telecommunication and computer hardware, namely, computer hardware; headsets; headphone cases; magnets, magnetizers, demagnetizers; measuring, weighing, detecting and controlling instruments, indicators and controllers, namely, computers; navigation, guidance, tracking, targeting and mapping devices, namely, GPS navigation device; optical devices, enhancers and correctors, namely, magnifying lenses; 3D spectacles; spectacles, sunglasses and contact lenses; [ sports goggles ] * goggles for sports * ; lasers not for medical purposes; devices for safety, security, protection and signaling, namely, safety markers; protective and safety equipment, namely, commercial safety nets; scientific and laboratory apparatus for treatment using electricity, namely, battery chargers; scientific research and laboratory apparatus, educational apparatus and simulators, namely, flight simulators; recorded content, namely, recorded game software; cartridges for video games; video game programs recorded on CD-ROM and computer game discs; [ vending machines for hot and cold food products and beverages and related refill components; ] odour detection apparatus, namely, smoke alarms |
| Certificate of Correction for Registration | In the statement, classes 9, 16 and 21 have been corrected per the Restriction and the Fnote date 11/7/2023. |
| Goods and Services | Leather and imitations of leather; animal leathers and skins; luggage and transport bags, namely, weekend bags; baby carrying bags with pockets; boxes and cases made of leather or cardboard, namely, boxes of leatherboard; document cases and small suitcases; travel bags, sports bags, handbags, school bags, cosmetic bags sold empty, backpacks; traveling sets being leatherware, namely, leather travelling bag sets; saddlery articles of leather; handbags, wallets, coin purses, key bags; business card cases; hip and belt bags; net bags for shopping; raw skins; umbrellas and parasols; walking sticks; whips, harness for animals and saddlery; collars, leashes and clothing for animals; toiletry bags for carrying toiletries, namely, wash bags sold empty for carrying toiletries; cosmetic bags sold empty; cash holders in the form of wallets |
| Goods and Services | Paper, cardboard; [ printing products being printed matter, namely, menu board; ] bookbinding material, namely, cardboarding backing for binding books; photographs; stationery; adhesives for stationery or household purposes; drawing materials and materials for artists, namely, drawing material for blackboards; paintbrushes; instructional or teaching material except apparatus, namely, pencils; printing blocks; printed matter, namely, books in the field of chocolates; bags, pouches and sheets for packaging made of paper or plastic; paper sheets being stationery; works of art and figurines made of paper or cardboard and architect's models; [ and ] paint boxes being articles for use in school; school * office * supplies, namely, pencils and pens; stamping inks and writing instruments; staples for offices; thumbtacks; pencil sharpeners; correcting fluids for documents; paper cutters for office use; pens, pencils, mechanical pencils, erasers; envelopes; desk files trays; photo albums and collectors' albums, namely, event albums; photo albums, printetd books, periodicals in the field of chocolates; printed almanacs, brochures, writing or drawing books, catalogs in the field of chocolates; printed calendars; lithographs, engravings; framed or unframed paintings being pictures; posters; stickers; postage stamps; adhesive tape dispensers being office requisites; cases, covers and devices for holding or fixing paper, namely, paper tape; passport cases; holders for checkbooks; paper clips; paper cutters for office use and paper trimmers being office requisites; specialty paper, namely, parchment paper used for packaging; greeting cards; printed postcards; printed patterns for making clothes; paper products for household and hygiene use included in this class, especially toilet paper, kitchen towels, handkerchiefs, table napkins, hand towels, cosmetic tissues, diapers for babies; photograph stands |
| Goods and Services | Clothing, namely, shirts; footwear; headwear; sports clothing, namely, shirts; socks, stockings and tights; underwear; hosiery; belts; gloves; neckties; bathing suits for men and women; heels and tips, namely, stiletto heels; paper clothing, namely, paper bibs and hats for use as clothing items; headwear, namely, niqab; aprons; ski boots; ear muffs being clothing; bathrobes |
| Goods and Services | Precious metals and their alloys; jewelry articles, namely, rings; body jewelry; precious stones and their imitations; key rings and key chains and their charms; timepieces and chronometric instruments; movements for timepieces, namely, watch movements; pin badges of precious metals; lapel badges of precious metals; lapel pins; tie pins; pins being jewelry; ornaments made of or coated with precious or semi-precious metals or precious stones or imitations thereof in the nature of jewelry; jewelry boxes and watch boxes, namely, presentation boxes for watches; cuff links |
| Indication of Colors claimed | The color(s) yellow, brown, red, and black is/are claimed as a feature of the mark. |
| Goods and Services | Wavy fiber textiles and textile substitutes materials thereof made from synthetic materials; unfitted furniture coverings of textile or plastic materials; household linen; curtains of textile or plastic materials; bed linen of paper; filtering materials being textiles, namely, coasters of textile; sleeping bags; mosquito nets |
| Goods and Services | Household or kitchen utensils and containers, namely, kitchen containers; lunch boxes; fitted picnic baskets including dishes; non-electric cooking pot sets; baking dishes; tableware, namely, tea services in the nature of tableware; corkscrews; thermally insulated bags for food or beverages; non-electric portable coldboxes; glassware, porcelain and earthenware not included in other classes, namely, cups; unworked or semi-worked glass except building glass; statues, figurines, plaques and art objects of porcelain, terracotta or glass not included in other classes; gardening articles, other than gardening tools, namely, gardening gloves; cleaning material, namely, cleaning cloths; brushes and brush-making materials; clothes pegs; trash cans; cosmetic and toilet utensils, namely, cosmetic brushes; electric and non-electronic combs; [ non-medicated dental cleaning products, in particular dental finger cots being dental floss, dental flossers, dental tape, battery operated dental floss, dental floss dispensers, dental floss forks, dental floss picks for personal use, finger guards for dental or oral care in the nature of reusable silicone finger guards, dental floss, dental care kits comprising toothbrushes and floss; cages for pets; cleaning material for clothing and footwear care, namely, cleaning rags ] * cleaning and polishing cloths for shoes * ; [ bread baskets for domestic use, not of precious metal; ] paper cups and trays for household use |
| 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 | Friday, May 13, 2022 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 014 - Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments. |
| US Class Codes | 002, 027, 028, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, May 13, 2022 |
| Primary Code | 014 |
| 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 | Friday, May 13, 2022 |
| 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 | Friday, May 13, 2022 |
| 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 | Friday, May 13, 2022 |
| Primary Code | 021 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 024 - Textiles and textile goods, not included in other classes; beds and table covers. |
| US Class Codes | 042, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, May 13, 2022 |
| Primary Code | 024 |
| 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 | Friday, May 13, 2022 |
| Primary Code | 025 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Kraft Foods Schweiz Holding GmbH |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | CH |
| Party Name | Kraft Foods Schweiz Holding GmbH |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | CH |
| Party Name | Kraft Foods Schweiz Holding GmbH |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | CH |
| Event Date | Event Description |
| Monday, May 16, 2022 | NON-FINAL ACTION WRITTEN |
| Thursday, May 12, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, May 13, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, May 13, 2022 | ASSIGNED TO EXAMINER |
| Tuesday, May 17, 2022 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, May 17, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, June 15, 2022 | REFUSAL PROCESSED BY MPU |
| Wednesday, June 15, 2022 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, July 6, 2022 | REFUSAL PROCESSED BY IB |
| Friday, January 13, 2023 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Friday, January 13, 2023 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Friday, January 13, 2023 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Tuesday, February 14, 2023 | TEAS PETITION TO REVIVE RECEIVED |
| Tuesday, February 14, 2023 | PETITION TO REVIVE-GRANTED |
| Tuesday, February 14, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, February 15, 2023 | NOTICE OF REVIVAL - E-MAILED |
| Thursday, May 25, 2023 | ASSIGNED TO LIE |
| Thursday, May 25, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, May 25, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Sunday, May 28, 2023 | LIMITATION OF GOODS RECEIVED FROM IB |
| Tuesday, July 11, 2023 | NON-FINAL ACTION WRITTEN |
| Tuesday, July 11, 2023 | NON-FINAL ACTION E-MAILED |
| Tuesday, July 11, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, July 18, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, July 18, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, July 18, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, July 19, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, August 2, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, August 22, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, August 2, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, August 2, 2023 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Monday, August 21, 2023 | NOTIFICATION PROCESSED BY IB |
| Tuesday, August 22, 2023 | PUBLISHED FOR OPPOSITION |
| Wednesday, October 18, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, October 18, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Monday, November 6, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Tuesday, November 7, 2023 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, November 7, 2023 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, December 13, 2023 | CORRECTION UNDER SECTION 7 - PROCESSED |
| Thursday, December 14, 2023 | LIMITATION FROM THE IB EXAMINED AND ENTERED |
| Tuesday, January 16, 2024 | NOTICE OF UPDATED REGISTRATION CONFIRMATION EMAILED |
| Monday, January 22, 2024 | NOTICE OF UPDATED REGISTRATION CONFIRMATION EMAILED |
| Tuesday, January 16, 2024 | NOTICE OF UPDATED REGISTRATION CONFIRMATION EMAILED |
| Wednesday, February 7, 2024 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Thursday, February 8, 2024 | FINAL DISPOSITION NOTICE SENT TO IB |
| Thursday, February 8, 2024 | FINAL DISPOSITION PROCESSED |
| Thursday, October 9, 2025 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, August 27, 2024 | INVALIDATION REVIEWED - NO ACTION REQUIRED BY OFFICE |
| Monday, March 4, 2024 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Wednesday, August 14, 2024 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |