| Serial Number | 86681919 |
| Word Mark | VIDAL GUMMI CIRCUS CLOWNS |
| Filing Date | Thursday, July 2, 2015 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, July 12, 2024 |
| Registration Number | 5365404 |
| Registration Date | Tuesday, December 26, 2017 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, May 31, 2016 |
| Goods and Services | Gum sweets; gummy candies |
| Description of Mark | The mark consists of a two-dimensional design consisting of the wording "VIDAL GUMMI CIRCUS CLOWNS" and a design of a juggling circus clown and circus tent marquees. The mark also contains a stylized background consisting of three quarters of the design in red and white alternating diagonal stripes and a horizontal red shaded area appearing in the lower area of the packaging. The word "VIDAL" appears at the top of the design in stylized letters inside of a banner design. The word "VIDAL" and the outer border of the banner are in blue. The inside area of the banner is in the color white. The letter "A" in "VIDAL" appears stylized with a white star in the middle of the letter. Below this wording appears the word "GUMMI" that is in red letters, outlined in yellow, with another outermost outline in white. Below the word "GUMMI" appears a prominent frame design with lights all over its outer border inside of which appears the wording "CIRCUS CLOWNS". The outer border of the ornate frame design is yellow and contains small lights appearing in the color white. The inner portion of the frame appears with a red shaded interior and orange border. The wording "CIRCUS CLOWNS" appears inside of the frame in the color white with small decorative orange and yellow circle designs on the wording. Below the banner design appears three circus marquee tents and a juggling clown. The most prominent marquee appears in the center with a blue, dark blue and white stripped top with yellow circle designs. The marquee is open and the opening area appears in the color grey and outlined with dotted lines as it is not claimed as it represents a transparency and is not a feature of the mark. The marquee has blue curtains with a yellow curtain holder and yellow design elements at the top. Two additional marquees appear, one to the left and one to the right of the main marquee design. These marquees appear in light and dark teal. On the left side of the marquee appears a smiling clown juggling with purple, red, green and yellow balls with white shaded areas on the balls. The clown is wearing a blue hat with a green and white flower and a red shirt with orange stars. The shirt has a white and orange button on it with a white and purple color and sleeves. The clown's eyes are blue and white. Its hair and eye brows are color orange, its nose and tongue are color red. Its mouth is color black outlined in pink with white teeth. The clown's skin is pink. Below the clown appears the wording "NET WEIGHT 4.5 OZ(128G)" in red font outlined in yellow and white, which is dotted out as this wording is not claimed as a feature of the mark. The dotted lines around the design are not claimed as a feature of the mark and merely show placement of the mark on the applicant's product packaging. |
| Pseudo Mark | VIDAL GUMMI CIRCUS CLOWNS |
| Indication of Colors claimed | The color(s) red, white, blue, pink, yellow, orange, green, grey, teal, and purple is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The wording "vidal" has no meaning in a foreign language. |
| NOT AVAILABLE | "GUMMI CIRCUS CLOWNS" |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, July 12, 2024 |
| Primary Code | 030 |
| First Use Anywhere Date | Wednesday, September 16, 2015 |
| First Use In Commerce Date | Wednesday, September 16, 2015 |
| Party Name | VIDAL GOLOSINAS, S.A. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Murcia ES |
| Party Name | VIDAL GOLOSINAS, S.A. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Murcia ES |
| Party Name | VIDAL GOLOSINAS, S.A. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Murcia ES |
| Event Date | Event Description |
| Thursday, October 15, 2015 | NON-FINAL ACTION WRITTEN |
| Monday, July 6, 2015 | NEW APPLICATION ENTERED |
| Wednesday, July 8, 2015 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, July 9, 2015 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, October 13, 2015 | ASSIGNED TO EXAMINER |
| Thursday, October 15, 2015 | NON-FINAL ACTION E-MAILED |
| Thursday, October 15, 2015 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, April 28, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, July 26, 2016 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Monday, April 4, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, April 4, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, April 4, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, May 11, 2016 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, May 31, 2016 | PUBLISHED FOR OPPOSITION |
| Tuesday, May 31, 2016 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Monday, April 10, 2017 | NON-FINAL ACTION E-MAILED |
| Thursday, January 12, 2017 | TEAS STATEMENT OF USE RECEIVED |
| Thursday, January 12, 2017 | USE AMENDMENT FILED |
| Tuesday, January 24, 2017 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED |
| Tuesday, January 24, 2017 | WITHDRAWAL OF ATTORNEY GRANTED |
| Thursday, January 26, 2017 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, January 26, 2017 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, March 28, 2017 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Tuesday, March 28, 2017 | STATEMENT OF USE PROCESSING COMPLETE |
| Monday, April 10, 2017 | SU - NON-FINAL ACTION - WRITTEN |
| Monday, April 10, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, October 24, 2017 | ASSIGNED TO LIE |
| Friday, November 10, 2017 | SU - FINAL REFUSAL - WRITTEN |
| Thursday, November 16, 2017 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Tuesday, November 21, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, November 21, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, October 10, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, October 25, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, October 25, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, November 10, 2017 | FINAL REFUSAL E-MAILED |
| Friday, November 10, 2017 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, November 21, 2017 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Wednesday, November 22, 2017 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED |
| Tuesday, December 26, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Monday, December 26, 2022 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Friday, July 12, 2024 | CANCELLED SEC. 8 (6-YR) |