| Serial Number | 88413805 |
| Word Mark | VITASIA |
| Filing Date | Friday, May 3, 2019 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, August 25, 2020 |
| Registration Number | 6133231 |
| Registration Date | Tuesday, August 25, 2020 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, June 9, 2020 |
| Goods and Services | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; Coffee, tea, cocoa and chocolate-based drinks; Kombucha tea; Coffee and cocoa powder preparations for making alcoholic and non-alcoholic beverages; Flour and preparations made from cereals, namely, cereal-based snack bars, processed cereals and muesli; processed cereals, muesli; whole-wheat products, namely, bread and whole wheat-based snack foods; Farinaceous food pastes for human consumption; noodles and noodle products, namely, pasta, dried pasta, fresh pasta, filled pasta, pasta shells, pasta for soups, gluten-free pasta; pasta; pizza and pizza products namely, frozen dough for use as a pizza crust, kits comprised of ingredients for preparing pizza, pizza crust mixes, pizza crust, pizza sauce, fresh pizza dough; Sushi; Bread and bread products, namely, bread, bread rolls, sandwiches, baguettes, flatbreads; Sandwiches; Pastry and confectionery made of sugar; Sweets and candies; Chocolate and chocolate goods, namely, chocolate bars, chocolate eggs being chocolate confections, chocolate truffles and chocolate chips, and pralines; Edible ices; Puddings; Prepared desserts, namely, dessert puddings, dessert soufflés, dessert mousses; Honey; Syrups, namely, maple syrup, topping syrup, golden syrup and treacles; Yeast, baking powder, starch for food; Salt; Mustard; Mayonnaise, ketchup; Vinegar, sauces, salad dressings; savoury sauces, chutneys and seasoning pastes; Spices, spice extracts, dried herbs; Flavourings other than essential oils, for foodstuffs; Ready-to-eat meals consisting primarily of cereal preparations, farinaceous food pastes for human consumption, noodles, rice, bread, pastry and confectionery of sugar; Frozen food in the nature of meals consisting primarily of cereal preparations, farinaceous food pastes for human consumption, noodles, rice, bread, pastry and confectionery of sugar; Dietetic foodstuffs, not adapted for medical purposes, consisting predominantly of cereal preparations, farinaceous food pastes for human consumption, noodles, rice, bread, pastry and confectionery of sugar |
| Description of Mark | The mark consists of an image of a pagoda in red above the words "VITASIA" in yellow lettering on a red oval. |
| Goods and Services | fruit, kitchen, butcher, bread, and household knives; Mortars for pounding being hand tools; electric kitchen utensils for cooking, roasting and baking, all in the nature of electric knives, electrically-heated kitchen knives |
| Goods and Services | Meat and meat products namely, beef burger patties, hamburger, uncooked hamburger patties, bacon, ham, corned beef, processed meat in the nature of smoked pork chops, minced meat, meatballs, savory meat-based spreads, meat preserves, head cheese, processed meat in the nature of spiced ham, roast beef, processed meat in the nature of beef steak, processed meat in the nature of meat loaf, processed meat in the nature of Leberkäse-style sausage made from combinations of ham, pork, veal and liver, processed meat in the nature of cold cuts of roast beef, cold cuts of roast pork, cold cuts of ham, cold cuts of turkey breast, and cold cuts of bacon; fish and fish products namely, fish sticks, smoked salmon, smoked fish, dried fish, fish salads, preserved fish, pickled fish, savory meat-based spreads consisting of fish, fish jellies; poultry and poultry products, namely, chicken, turkey, chicken breast fillets, turkey fillets, chicken wings, processed meat in the nature of roasted chickens, chicken legs, meat sticks consisting primarily of processed chicken and turkey, chicken nuggets, savory meat-based spreads consisting of chicken, savory meat-based spreads consisting of turkey, processed meat in the nature of cold cuts of roast chicken and cold cuts of roast turkey; game and game products, namely, salami from deer, ham from wild boar, salami from wild boar, processed meat in the nature of game goulash, game preserves; sausages and charcuterie, shellfish not live; shellfish products, namely, dried shellfish and frozen shellfish; seafood not live; seafood products, namely, tempura seafood, dried seafood, tinned seafood, salted and fermented seafood; Nori leaves, namely, sheets of dried laver, toasted sheets of laver; Meat, fish not live, poultry, game meat, and shellfish extracts; vegetable and fruit extracts, namely, frozen, frosted, preserved, processed, dried, cooked, or crystallized fruit and vegetable extracts for use in prepared meals or food; Preserved, frozen, dried and cooked fruit and vegetables, as well as the aforesaid being pickled in sweet and sour sauces; Potato products, namely, potato dumplings, potato crisps, potato chips, potato pancakes and potato sticks; Tofu; Jellies; Jellies, jams, compotes, sweet fruit and vegetable spreads, sweet nut-based spreads; Eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; butter, cheese, cheese products namely, cheese spreads, cheese food, cheese fondue, cheese and cracker combinations consisting primarily of cheese, cream cheese, cottage cheese, cheese powder, cheese substitutes, gouda cheese, edam cheese, cheddar cheese, soft cheese, strained cheese, white cheese, and processed cheese; cream, yoghurt; powdered milk for food purposes; desserts made with fruits, nuts, yoghurt, curd and cream, namely, yoghurt desserts excluding frozen yoghurt, yoghurt desserts with fruits excluding frozen yoghurt, yoghurt desserts with nuts excluding frozen yoghurt, curd desserts, curd desserts with fruits, curd desserts with nuts; sour cream, curd, cream cheese, cream cheese with herbs, cream cheese with spices, cream cheese with vegetables, cream cheese made of goat's milk, cream-based spreads; coconut milk; processed nuts in the nature of ground nuts, mixtures of processed nuts, mixtures of processed nuts and dried fruit; Nut-based snack foods; Meat-based snack foods; Vegetable-based snack foods; Fruit- based snack food; Soy-based snack foods; Edible oils and fats; Tinned soups, preparations for making soup, broths; Salads consisting predominantly of meat, fish, poultry, game, shellfish, vegetables, fruit, and milk products excluding ice cream, ice milk and frozen yogurt; Ready-to-eat meals comprised primarily of meat, fish, poultry, game, shellfish, vegetables, fruits, and milk products excluding ice cream, ice milk and frozen yogurt; Frozen food in the nature of meals consisting primarily of meat, fish, poultry, game, shellfish, vegetables, fruit, and milk products excluding ice cream, ice milk and frozen yogurt; Dietetic food, other than for medical purposes, consisting predominantly of meat, fish, poultry, game, shellfish, vegetables, fruit, and milk products excluding ice cream, ice milk and frozen yogurt |
| Goods and Services | Printed matter, namely, stickers books, manuals, informational cards and brochures in the field of Asia, cooking, roasting, and baking; Table napkins of paper |
| Goods and Services | Candles and wicks for candles for lighting |
| Indication of Colors claimed | The color(s) red and yellow is/are claimed as a feature of the mark. |
| Goods and Services | Grills, namely, charcoal grills, gas grills, barbecue grills, electric panini grills, electric grills; grilling sheets in the nature of cooking grates adapted for barbecue grills; electric rice cookers; electric woks |
| Goods and Services | Alcoholic beverages except beers; wine, spirits, liqueurs, alcoholic mixed beverages except beers, spirit-based and wine- based cocktails and aperitifs, beverages made predominantly of wine; Preparations for making alcoholic beverages, namely, prepared alcoholic cocktails, alcoholic cocktail mixes, alcoholic bitters, alcoholic malt coolers, alcoholic fruit extracts, alcoholic essences |
| Goods and Services | place mats not of paper or textile, namely, place mats of bamboo; Tableware, namely, tea services in the nature of tableware, coffee services in the nature of tableware, bowls, dishes and plates in the nature of tableware; Cooking pot sets and containers for kitchen use; Kitchen utensils, namely, graters for household use, sieves for household purposes, spatulas for kitchen use, serving spoons, slotted spoons, cooking strainers, cooking forks, serving tongs, turners, whisks, hand-operated pepper grinders, non-electric egg beaters, and mixing spoons; Chopping boards of bamboo for kitchen use; Chopsticks; Woks |
| Goods and Services | Beers; Non-alcoholic beer; Dietetic beer not for medical purposes; Mixed drinks consisting primarily of beer; Mineral and aerated waters and other non-alcoholic beverages, namely, soft drinks, energy drinks, sports drinks; Lemonades; Fruit juices and Fruit juice beverages; Vegetable juice; Smoothies; Syrups for beverages, and other preparations for making beverages namely, concentrates and powders for making soft drink beverages and fruit drinks; All of the aforesaid goods being other than malt beverages and malt beers |
| Goods and Services | Fresh fruits and vegetables; raw nuts; Seeds, namely, unprocessed edible seeds; natural plants and flowers; Dried flowers and plants |
| International Class | 004 - Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting. |
| US Class Codes | 001, 006, 015 |
| Class Status Code | 6 - Active |
| Class Status Date | Sunday, May 19, 2019 |
| Primary Code | 004 |
| 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 | Sunday, May 19, 2019 |
| Primary Code | 008 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 011 - Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes. |
| US Class Codes | 013, 021, 023, 031, 034 |
| Class Status Code | 6 - Active |
| Class Status Date | Sunday, May 19, 2019 |
| Primary Code | 011 |
| 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 | Sunday, May 19, 2019 |
| Primary Code | 016 |
| 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 | Sunday, May 19, 2019 |
| Primary Code | 021 |
| 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 | Sunday, May 19, 2019 |
| 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 | Sunday, May 19, 2019 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. |
| US Class Codes | 001, 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Sunday, May 19, 2019 |
| Primary Code | 031 |
| 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 | Sunday, May 19, 2019 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | 6 - Active |
| Class Status Date | Sunday, May 19, 2019 |
| Primary Code | 033 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 13 - Limited Partnership |
| Address | Neckarsulm 74172 DE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 13 - Limited Partnership |
| Address | Neckarsulm 74172 DE |
| Party Name | Lidl Stiftung & Co. KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 13 - Limited Partnership |
| Address | Neckarsulm 74172 DE |
| Event Date | Event Description |
| Friday, September 30, 2022 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Friday, September 30, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, September 30, 2022 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Friday, September 30, 2022 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, September 30, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, September 30, 2022 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Tuesday, August 25, 2020 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, June 9, 2020 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, June 9, 2020 | PUBLISHED FOR OPPOSITION |
| Wednesday, May 20, 2020 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, April 30, 2020 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, April 30, 2020 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, April 30, 2020 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, April 30, 2020 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, April 30, 2020 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, October 31, 2019 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, October 31, 2019 | FINAL REFUSAL E-MAILED |
| Thursday, October 31, 2019 | FINAL REFUSAL WRITTEN |
| Saturday, October 19, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, October 18, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, October 18, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, May 28, 2019 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, May 28, 2019 | NON-FINAL ACTION E-MAILED |
| Tuesday, May 28, 2019 | NON-FINAL ACTION WRITTEN |
| Tuesday, May 28, 2019 | ASSIGNED TO EXAMINER |
| Tuesday, May 21, 2019 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Sunday, May 19, 2019 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Tuesday, May 7, 2019 | NEW APPLICATION ENTERED IN TRAM |