| Serial Number | 77049574 |
| Word Mark | WESTFALIA SURGE |
| Filing Date | Wednesday, November 22, 2006 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, February 13, 2015 |
| Registration Number | 3460124 |
| Registration Date | Tuesday, July 8, 2008 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, April 22, 2008 |
| Indication of Colors claimed | The color(s) green and orange is/are claimed as a feature of the mark. |
| Description of Mark | The mark consists of the word "WESTFALIASURGE" with the "WESTFALIA" portion of the mark in green, the "SURGE" portion of the mark in orange, and a partial ellipse in green encircling the word "SURGE". |
| Goods and Services | Chlorinated chemical preparations for cleaning purposes for milking systems; boric acid and clean-in-place (CIP) water conditioners with chemical agents all for use in sanitizing dairy milking systems; sulfuric, nitric, citric and phosphoric acids for cleaning and sanitizing milking systems on dairy farms; dairy sanitation products, namely, industrial detergent and sulfuric, nitric, citric and phosphoric acids used to clean, rinse and sanitize dairy farm milking equipment and foaming teat dip applicators |
| Goods and Services | All-purpose cleaning preparations for use in the dairy industry; acid-based cleaning preparations for removing milkstone, water scale and rust from pipelines, bulk tanks, milking machines, and inflations in the dairy industry; cleaning preparations for use in connection with dairy milk pipelines and milk tanks; laundry detergent and all-purpose liquid detergent, both for general household use; udder washing detergents; cleaning preparations for milkers, milk-handling equipment and systems for dairy farms and food contact surfaces; anti-microbial hand soaps |
| Goods and Services | Lubricating oil; non-mineral oil for industrial purposes, namely, for vacuum pumps and milking system parts |
| Goods and Services | Germicidal sanitizers for use on dairy equipment; sanitizers for milkers, milk-handling equipment and systems for dairy farms; germicidal teat dips; sanitizing udder washes; medicated udder salve; sanitizing teat dips; sanitizing foaming teat dips; veterinary preparations, namely, topical teat dips for tissue toning; medicated skin conditioners for dairy animals; medicated hoof care preparations in the form of foot bath concentrates and topical solutions; sanitizers for hoof trimming equipment and utensils; concentrated germicidal detergent for cleaning milking systems on dairy farms, concentrated germicidal detergent for sanitizing milking systems on dairy farms; industrial sanitizers, namely, acid detergent with germicide for clean-in-place (CIP) systems on dairy farms; dairy sanitation products, namely, industrial sanitizer tablets used to clean, rinse and sanitize dairy farm milking equipment and foaming teat dip applicators |
| Goods and Services | Bulk milk storage tanks, milking parlor stalls and stanchions, milk reservoir vats, all made primarily of metal; component parts for milking machines, namely, manually activated metal valves |
| Goods and Services | Rotary and linear milking parlor installations, namely, milking machines, vacuum pumps and pulsators; component parts for milking machines, namely, milk stimulators, filters for milking machines, vacuum pumps, milk pumps, air compressing pumps, water pumps, chemical dispensing pumps, power-operated teat sprayers, power-operated udder washers, aerators, milking system washers, industrial milking robots; machines for supplying fodder concentrate in fodder troughs; automatic conveyors for stable cleaning; stable cleaning machines; stationary machines for automatically spraying cows with liquid insecticides and germicides; vacuum regulators as parts of milking machines; milking machine retractors; teat disinfecting machines; udder spraying apparatus, namely, spray wands |
| Goods and Services | Light scanners, optical sensors, animal scales and electronic animal counting devices; electronic milk flow monitoring devices and milk meters; electronic data processing units, transmitters, receivers and transponders attached to cows for automatic recognition of animals, for supply of feed and fodder concentrate, for cow calendar, for determination of milk quantities and quality, for determination of milk temperatures, and for determination of washing temperatures; dairy herd management software and computer hardware; electric control panels for monitoring and operating milking systems; remote controls for automatically dispensing animal feed; vacuum gauges; automatic dispensers for supplying liquids in drinking bowls; electronic controllers for milk pipeline washers; automatic dispensers for supplying chemicals for milk pipeline washers; time and temperature recorders; and closed-circuit video observation systems comprised of closed circuit television camera and video monitor; protective boots, protective gloves and protective clothing for farm workers; milking monitors, automatic liquid-flow controls for milking machines, automatic feed dispensers for dairy animals; flow sensors for milkers |
| Goods and Services | Milk cooling apparatus, namely, refrigerated milk storage tanks, heat exchangers, refrigeration condensing units, water coolers and ice machines; water conditioners; dairy cattle equipment for use in stables and pastures, namely, non-medical sterilizers; milk coolers, namely, a chiller in the nature of a refrigeration unit used to cool a heat transfer medium and a heat exchanger in which the heat transfer medium cools milk as it comes from cows being milked |
| Goods and Services | Milking machine inflations, rubber and silicone milking liners; pipe gaskets; and non-metallic hoses; all of the above for use in milking systems |
| Goods and Services | Cabinets for housing milking equipment |
| Goods and Services | Clothing, namely, shirts, t-shirts, jackets, wind-resistant jackets, hats, caps, sweatshirts, vests, sweaters, sweat pants, ties, gloves and overalls |
| Goods and Services | Business consulting services for dealers and dealership personnel in the dairy production industry in the field of dealership route management, namely, sales territory development planning, sales and marketing planning, sales techniques, sales route management planning, business manpower management, and business operations management; individual consultation in the field of general business management for dealers and dealership personnel in the dairy production and herd health industry; dairy facility business planning services consisting of feed management; dairy parlor and dairy facilities design services in the nature of providing consultation on business management and data processing |
| Goods and Services | Consulting services for dealers and dealership personnel in the dairy production industry in the field of dealership route management, namely, financial planning and management |
| Goods and Services | Dairy facility planning services, namely, laying out of milking parlors and holding areas, dairy housing, calf and maternity housing, and cow comfort and traffic patterns; installation and maintenance of dairy parlor equipment; plumbing consulting |
| Goods and Services | Delivery of dairy farm equipment; delivery of dairy farm hygiene products, namely, dairy farm equipment hygiene products and animal hygiene products; delivery of animal health products; delivery of dairy farm supplies, and repair and replacement parts for dairy farm equipment |
| Goods and Services | Training services for dairy producers and dealers and dealership personnel in the dairy production industry, namely, conducting workshops, seminars and classes, and individualized training in the field of dairy farm hygiene, namely, dairy farm equipment hygiene and animal hygiene, animal health, milking system analysis, and milking management; training services for dealers and dealership personnel in the dairy production industry, namely, conducting workshops, seminars and classes in the field of dealership route management and general business management, namely, financial planning and management, territory development planning, sales and marketing planning, sales techniques, route management planning, manpower management, and operations management; educational services, namely, conducting classes, seminars, conferences, and workshops in the field of general business management for dealers and dealership personnel in the dairy production and herd health industry |
| Goods and Services | Consulting services for dairy producers in the field of water quality testing and analysis and maintenance assessment of the performance and reliability of milking and cooling systems and udder washing system function; providing chemical analysis for the optimization of hygiene on dairy farms; consulting services to assist dairy producers in optimizing milk production performance and in maximizing milking efficiency by analyzing data, namely, milking vacuum levels, pulsation rates, ratios and characteristics, liner design and composition, milk production and dairy operator routines; dairy parlor and dairy facilities design services in the nature of providing technical consultation on milking time and procedures; milking system design services, namely, providing consultation to dairy producers on vacuum pumps, controllers and pulsators used with milking machines, milking units, pipe lines, dairy operator performance, sanitation and supplies, milk storage and cooling, service schedules, milk pumps and milk filtering, timing and flow control devices; consulting services for dairy parlor and dairy facilities by providing technological consultation on milking equipment, level of automation, technical equipment monitoring measures, electrical equipment needs, water quality monitoring |
| Goods and Services | Consulting services for dairy producers in the field of dairy farm hygiene, namely, dairy farm equipment hygiene and animal hygiene, animal health, and total farm hygiene; providing consultation and information regarding the treatment and prevention of foot diseases in cows and related foot care services for cows |
| International Class | 001 - Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. |
| US Class Codes | 001, 005, 006, 010, 026, 046 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 001 |
| First Use Anywhere Date | Monday, February 28, 2005 |
| First Use In Commerce Date | Monday, February 28, 2005 |
| International Class | 003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| US Class Codes | 001, 004, 006, 050, 051, 052 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 003 |
| First Use Anywhere Date | Monday, February 28, 2005 |
| First Use In Commerce Date | Monday, February 28, 2005 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 004 |
| First Use Anywhere Date | Sunday, April 30, 2006 |
| First Use In Commerce Date | Sunday, April 30, 2006 |
| 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 | 006, 018, 044, 046, 051, 052 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 005 |
| First Use Anywhere Date | Friday, April 30, 2004 |
| First Use In Commerce Date | Friday, April 30, 2004 |
| International Class | 006 - Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. |
| US Class Codes | 002, 012, 013, 014, 023, 025, 050 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 006 |
| First Use Anywhere Date | Tuesday, August 31, 2004 |
| First Use In Commerce Date | Tuesday, August 31, 2004 |
| International Class | 007 - Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. |
| US Class Codes | 013, 019, 021, 023, 031, 034, 035 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 007 |
| First Use Anywhere Date | Thursday, March 31, 2005 |
| First Use In Commerce Date | Thursday, March 31, 2005 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 009 |
| First Use Anywhere Date | Tuesday, May 31, 2005 |
| First Use In Commerce Date | Tuesday, May 31, 2005 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 011 |
| First Use Anywhere Date | Monday, January 31, 2005 |
| First Use In Commerce Date | Monday, January 31, 2005 |
| International Class | 017 - Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. |
| US Class Codes | 001, 005, 012, 013, 035, 050 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 017 |
| First Use Anywhere Date | Sunday, October 31, 2004 |
| First Use In Commerce Date | Sunday, October 31, 2004 |
| International Class | 020 - Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. |
| US Class Codes | 002, 013, 022, 025, 032, 050 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 020 |
| First Use Anywhere Date | Sunday, February 29, 2004 |
| First Use In Commerce Date | Sunday, February 29, 2004 |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 025 |
| First Use Anywhere Date | Friday, January 31, 2003 |
| First Use In Commerce Date | Friday, January 31, 2003 |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 035 |
| First Use Anywhere Date | Monday, March 31, 2003 |
| First Use In Commerce Date | Monday, March 31, 2003 |
| International Class | 036 - Insurance; financial affairs; monetary affairs; real estate affairs. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 036 |
| First Use Anywhere Date | Monday, March 31, 2003 |
| First Use In Commerce Date | Monday, March 31, 2003 |
| International Class | 037 - Building construction; repair; installation services. |
| US Class Codes | 100, 103, 106 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 037 |
| First Use Anywhere Date | Monday, October 31, 2005 |
| First Use In Commerce Date | Monday, October 31, 2005 |
| International Class | 039 - Transport; packaging and storage of goods; travel arrangement. |
| US Class Codes | 100, 105 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 039 |
| First Use Anywhere Date | Wednesday, March 31, 2004 |
| First Use In Commerce Date | Wednesday, March 31, 2004 |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 041 |
| First Use Anywhere Date | Sunday, February 29, 2004 |
| First Use In Commerce Date | Sunday, February 29, 2004 |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 042 |
| First Use Anywhere Date | Thursday, March 31, 2005 |
| First Use In Commerce Date | Thursday, March 31, 2005 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 044 |
| First Use Anywhere Date | Thursday, March 31, 2005 |
| First Use In Commerce Date | Thursday, March 31, 2005 |
| Party Name | WestfaliaSurge, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Naperville, IL 60563 |
| Party Name | WestfaliaSurge, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Naperville, IL 60563 |
| Party Name | WestfaliaSurge, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Naperville, IL 60563 |
| Event Date | Event Description |
| Friday, February 13, 2015 | CANCELLED SEC. 8 (6-YR) |
| Tuesday, July 8, 2008 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, April 22, 2008 | PUBLISHED FOR OPPOSITION |
| Wednesday, April 2, 2008 | NOTICE OF PUBLICATION |
| Tuesday, March 18, 2008 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Monday, March 17, 2008 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, March 17, 2008 | EXAMINER'S AMENDMENT ENTERED |
| Monday, March 17, 2008 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, March 17, 2008 | EXAMINERS AMENDMENT E-MAILED |
| Monday, March 17, 2008 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, March 10, 2008 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Saturday, February 23, 2008 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Tuesday, February 12, 2008 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Monday, February 11, 2008 | ASSIGNED TO LIE |
| Wednesday, January 9, 2008 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, January 9, 2008 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, January 9, 2008 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, January 9, 2008 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, January 9, 2008 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, December 10, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, December 10, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, December 10, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, November 14, 2007 | ASSIGNED TO EXAMINER |
| Thursday, November 1, 2007 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, November 1, 2007 | NON-FINAL ACTION E-MAILED |
| Thursday, November 1, 2007 | NON-FINAL ACTION WRITTEN |
| Friday, September 14, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, September 14, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, September 14, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, March 16, 2007 | NON-FINAL ACTION E-MAILED |
| Friday, March 16, 2007 | NON-FINAL ACTION WRITTEN |
| Thursday, March 8, 2007 | ASSIGNED TO EXAMINER |
| Wednesday, November 29, 2006 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Tuesday, November 28, 2006 | NEW APPLICATION ENTERED IN TRAM |