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EARTH FOOD
Live/Pending
NOTICE OF ALLOWANCE - ISSUED

issued

on 09 Apr 2024

Last Applicant/ Owned by

1-1, 4-chome, Nishinakajima, Yodogawa-ku

Osaka

JP

532-8524

Serial Number

90265471 filed on 20th Oct 2020

Registration Number

N/A

Correspondent Address

B. Brett Heavner

FINNEGAN, HENDERSON, FARABOW, GARRETT &

901 NEW YORK AVENUE, NW

WASHINGTON, DC 20001

Filing Basis

1. intent to use

2. intent to use current

Disclaimer

"FOOD"

EARTH FOOD

(Based on 44(e)) testing, inspection or research of pharmaceuticals, cosmetics or foodstuffs; testing the functionality of machines and research on machines, apparatus and instruments; research on building construction or city planning; testing or research on prevention of pollution; testing or research on electricity; testing or research on civil engineering; testing, inspection or research on agRead More

Classification Information


Class [045]
Personal & Legal & Social Services


(Based on 44(e)) Agencies for copyright licensing; legal services relating to social insurance claims

Class [043]
Restaurant and Hotel Services


(Based on 44(e)) Providing foods and beverages; rental of conference rooms; rental of facilities for exhibitions

Class [042]
Computer & Software Services & Scientific Services


(Based on 44(e)) testing, inspection or research of pharmaceuticals, cosmetics or foodstuffs; testing the functionality of machines and research on machines, apparatus and instruments; research on building construction or city planning; testing or research on prevention of pollution; testing or research on electricity; testing or research on civil engineering; testing, inspection or research on agriculture, livestock breeding or fisheries

Class [040]
Treatment & Processing of Materials Services


(Based on 44(e)) Food processing; rental of machines and apparatus for processing foods or beverages

Class [036]
Insurance & Financial Services


(Based on 44(e)) Agencies for commodity futures trading; life insurance brokerage; life insurance underwriting; agencies for non-life insurance; claim adjustment for non-life insurance; non-life insurance underwriting; insurance premium rate computing; management of buildings; agency services for the leasing or rental of buildings; leasing or renting of buildings; real estate appraisal; agency services for the leasing or rental of land; leasing of land; financial assessment of company credit

Class [035]
Advertising, Business & Retail Services


(Based on 44(e)) advertising and publicity services; business management analysis or business consultancy; marketing research or analysis; providing information concerning commercial sales; business management of hotels; providing employment information; office functions, namely, filing, in particular documents or magnetic tapes; publicity material rental; retail store services or wholesale store services featuring foods and beverages

Class [032]
Light Beverage Products


(Based on 44(e)) beer; carbonated drinks, namely, non-alcoholic carbonated beverages; fruit juices; vegetable juices, beverages; whey beverages; extracts of hops for making beer

Class [030]
Staple Food Products


(Based on 44(e)) seasonings, other than spices; cereal preparations made from cereal, namely, breakfast cereals, cereal-based snack foods; Chinese stuffed dumplings (Gyoza, cooked); sandwiches; Chinese steamed dumplings (Shumai, cooked); sushi; fried balls of batter mix with small pieces of octopus (Takoyaki); steamed buns stuffed with minced meat (Chuka-manjuh); hamburger sandwiches; pizzas; boxed lunches consisting of rice, with added meat, fish or vegetables; hot dog sandwiches; meat pies; ravioli; by-product of rice for food (Sake lees); prepared coffee and coffee-based beverages; prepared cocoa and cocoa-based beverages; unroasted coffee beans; tea; spices; aromatic preparations for food, not from essential oils, namely, extracts used as food flavoring; rice; husked oats; husked barley; flour; gluten for food, namely, gluten additives for culinary purposes; frozen confectionery; bread and buns; instant confectionery mixes for cakes and cookies; ice cream mixes; sherbet mixes; almond paste; yeast powder; Koji (fermented malted rice); yeast; baking powder; ice; starch-based binding agents for ice cream; meat tenderizers for household purposes; preparations for stiffening whipped cream, namely, starch-based thickeners

Class [029]
Meats and Processed Food Products


(Based on 44(e)) fried tofu pieces (Abura-age); freeze-dried tofu pieces (Kohri-dofu); jelly made from devils' tongue root (Konnyaku); soya milk; tofu; fermented soybeans (Natto); protein foodstuffs for human consumption containing lactic acid bacteria in the nature of soy milk foods and cultured meat, namely, protein meat, containing lactic acid bacteria; fresh, chilled or frozen meat for human consumption; fresh, chilled or frozen edible aquatic animals, not live; preserved pulses; processed vegetables and fruits; frozen fruits; frozen vegetables; eggs; processed meat products, namely, cultured meat; processed seafood products, namely, processed seafood; processed eggs; milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; pre-cooked curry stew, stew and soup mixes; dried flakes of laver for sprinkling on rice in hot water (Ochazuke-nori); furi-kake made of dried flakes of fish, meat, vegetables of seaweed

Class [028]
Toys and Sporting Goods Products


(Based on 44(e)) Toys for domestic pets; dolls; Go games; Japanese chess (Shogi games); Japanese playing cards (Utagaruta); dice games; dice; Japanese dice games (Sugoroku); dice cups; chess games; dominoes; playing cards; Japanese playing cards (Hanafuda); mah-jong; fishing tackle

Class [025]
Clothing Products


(Based on 44(e)) t-shirts; clothing, namely, pants, shirts, dresses, skirts, sweaters, sweat shirts; headgear for wear, namely, hats, caps; knitted caps; beanie hats; caps being headwear; hats; socks and stockings other than special sportwear; garters; sock suspenders; waistbands; belts for clothing; footwear other than special footwear for sports; masquerade costumes; special footwear for sports; clothes for sports, namely, pants, shirts, dresses, skirts, sweaters, sweat shirts

Class [021]
Houseware and Glass Products


(Based on 44(e)) gloves for household purposes; industrial packaging containers of glass or porcelain; industrial packaging bottles of plastics, namely, empty spray bottles; cooking pots and pans, non-electric; non-electric coffee makers; Japanese cast iron kettles, non-electric (Tetsubin); kettles, non-electric; mugs; dinnerware, other than knives, forks and spoons; kitchen containers for rice; food preserving jars of glass; drinking flasks for travellers; vacuum bottles; ice pails; sugar tongs; nutcrackers; pepper pots; sugar bowls; colanders; salt shakers; Japanese style cooked rice scoops (Shamoji); cooking funnels; Japanese style personal dining trays or stands (Zen); drinking straws; bottle openers, non-electric; egg cups; tart scoops; napkin holders; napkin rings; chopsticks; chopstick cases; ladles and dippers for kitchen use; toothpicks; toothpick holders; candlesticks; candle extinguishers; watering cans; feeding vessels for pets; brushes for pets; clothes brushes; piggy banks; soap dispensers; toilet paper holders; flower vases; flower bowls; portable cooking kits for outdoor use

Class [020]
Furniture Products


(Based on 44(e)) Cushions; Japanese floor cushions (zabuton); pillows; mattresses; industrial packaging containers of wood, bamboo or plastics; nameplates and door nameplates, not of metal; hand-held flat fans; hand-held folding fans; furniture; wind chimes; oriental single panel standing partition (tsuitate); oriental folding partition screens (byoubu); inflatable publicity objects; advertising balloons; upright signboards of wood or plastics

Class [018]
Leather Products (not including clothing)


(Based on 44(e)) leathercloth; leather and fur, unworked or semi-worked; industrial packaging containers of leather; clothing for domestic pets; drawstring pouches; tote bags; vanity cases, not fitted; umbrellas and their parts; walking sticks; canes; metal parts of canes and walking-sticks

Class [016]
Paper Goods and Printed Material


(Based on 44(e)) packaging containers of paper; plastic or paper bags and pouches for merchandise packaging; food wrapping plastic film for household purposes; banners of paper; flags of paper; hygienic hand towels of paper; towels of paper; table napkins of paper; hand towels of paper; handkerchiefs of paper; paper for making wrapping paper; paper and cardboard; seals and stickers, stationery; stationery; paintings and calligraphic works; photograph stands

Class [011]
Environmental Control Instrument Products (lighting,heating,cooling,cooking)


(Based on Intent to Use) (Based on 44(e)) ice-cooling refrigerators for household purposes

Class [009]
Computer & Software Products & Electrical & Scientific Products


(Based on 44(e)) downloadable computer programs for use in ordering food, managing food deliveries, providing information relating to eating habits and health maintenance, and recording, monitoring and analyzing for diet, nutrition and healthcare observations related to exercise, meal, and eating habits and generating reports for users; downloadable application software for smartphones, mobile phones, personal digital assistants and computers for use in ordering food, managing food deliveries, providing information relating to eating habits and health maintenance, and recording, monitoring and analyzing for diet, nutrition and healthcare observations related to exercise, meal, and eating habits and generating reports for users; personal digital assistants; accessories for personal digital assistants, namely, covers for personal digital assistants, cases for personal digital assistants, straps for mobile phones, selfie sticks used as smartphone accessories, protective films adapted for smartphones, and replacement parts therefor; downloadable music files; electronic circuits and cd-roms recorded with programs for hand-held games with liquid crystal displays

Class [005]
Pharmaceutical Products


(Based on 44(e)) dietary and nutritional supplements in the form of capsules, granules, powder, flakes, noodle, liquid or jelly primarily made of dietary fiber to aid digestion, amino acids for medical purposes, protein dietary supplements, synthetic peptide for the treatment of adiposity, diabetes mellitus, geriatric disease and cancer, mineral and vitamin supplements

Mark Details


Serial Number

No 90265471

Mark Type

No Service Mark

Attorney Docket Number

No 15185.0077

44D Filed

Yes

44D Current

No

44E filed

No

44E Current

Yes

66A Filed

No

66A Current

No

Current Basis

No

No Basis

No

Legal History


Show more

Status DateAction Taken
09th Apr 2024NOA E-MAILED - SOU REQUIRED FROM APPLICANT
09th Apr 2024TEAS DELETE 1(B) BASIS RECEIVED
13th Feb 2024PUBLISHED FOR OPPOSITION
13th Feb 2024OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
24th Jan 2024NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
10th Jan 2024LAW OFFICE PUBLICATION REVIEW COMPLETED
05th Jul 2023EXAMINERS AMENDMENT -WRITTEN
05th Jul 2023EXAMINERS AMENDMENT E-MAILED
05th Jul 2023NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
05th Jul 2023EXAMINER'S AMENDMENT ENTERED