| Serial Number | 79429080 |
| Word Mark | ZESPRI RUBYRED KIWIFRUIT |
| Filing Date | Tuesday, February 4, 2025 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Wednesday, April 8, 2026 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Pseudo Mark | ZESPRI RUBY RED KIWI FRUIT |
| Description of Mark | The mark consists of an anthropomorphized kiwi with a brown body and nose, green and white eyes, green eyebrows, green arms and legs and with an open pink and red mouth resembling the inside of a kiwi. On the lower front of the body of the anthropomorphized kiwi is a generally circular white label that features a green fan design and the wording "ZESPRI" in red in the upper portion of the label and a red semicircle featuring the wording "RUBYRED" and "KIWIFRUIT" in white on two lines in the lower portion of the label. |
| Goods and Services | Printed matter, namely, books and magazines in the field of agriculture and horticulture; printed promotional materials, namely, informational flyers, notebooks and brochures featuring information in the field of agricultural and horticultural products; packaging materials made from paper or cardboard, namely, labels, bags, sheets, trays and boxes; plastic bags for merchandise packaging; articles made of cardboard, namely boxes, containers, cartons, corrugated board, promotional bins and displays; display boxes of cardboard; display banners of cardboard; printed books and booklets in the field of agriculture and horticulture; stationery, namely, paper, envelopes, paper note pads, blank note cards; pens and pencils; printed instructional and teaching materials, namely, guides, charts, and manuals in the field of agriculture and horticulture; printed publications, namely, books, magazines, and newsletters in the field of agriculture and horticulture; printed newspapers; stickers; paper tissues; erasers |
| Indication of Colors claimed | The color(s) red, green, pink, brown and white is/are claimed as a feature of the mark. |
| Goods and Services | Toys and playthings, namely stuffed and plush toys, stuffed and plush dolls; sports balls; party balloons; golf balls; toy figures; toy flying saucers for toss games; jigsaw puzzles. |
| Goods and Services | Agricultural and horticultural products, namely live plants, seedlings and plant material, namely agricultural seeds for kiwifruits; plant propagation material, namely, live plant cuttings, live budwood and plant seeds; fresh fruits not including grapefruit; fresh kiwifruit; fresh kiwiberries; kiwifruit pollen and kiwiberries pollen being raw material for industrial use. |
| NOT AVAILABLE | KIWIFRUIT |
| 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 | Thursday, July 31, 2025 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 028 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. |
| US Class Codes | 022, 023, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, July 31, 2025 |
| Primary Code | 028 |
| 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 | Thursday, July 31, 2025 |
| Primary Code | 031 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | ZESPRI GROUP LIMITED |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | NZ |
| Event Date | Event Description |
| Thursday, July 31, 2025 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Thursday, August 14, 2025 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, August 14, 2025 | APPLICATION FILING RECEIPT MAILED |
| Friday, August 15, 2025 | ASSIGNED TO EXAMINER |
| Tuesday, August 26, 2025 | NON-FINAL ACTION WRITTEN |
| Wednesday, August 27, 2025 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, October 13, 2025 | REFUSAL PROCESSED BY MPU |
| Monday, October 13, 2025 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, October 31, 2025 | REFUSAL PROCESSED BY IB |
| Tuesday, April 7, 2026 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, April 7, 2026 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, April 8, 2026 | TEAS/EMAIL CORRESPONDENCE ENTERED |