CANCELLED - SECTION 8
section 8
on 07 Mar 2014
Last Applicant/ Owned by
Suite 1410
Miami
FL
33131
Serial Number
78498998 filed on 13th Oct 2004
Registration Number
3271502 registered on 31st Jul 2007
Correspondent Address
Tamara A. Miller
Filing Basis
1. use application currently
Disclaimer
"FRESH, PRODOTTO D'ITALIA, EXTRA VIRGIN OLIVE OIL and ITALIA"
FRESH BEGINS WITH PREMIUM SELECT FRESH ITALIAN INGREDIENTS PRODOTTO D'ITALIA LUCINI ITALIA PRODOTTO D'ITALIA WITH LUCINI PREMIUM SELECT EXTRA VIRGIN OLIVE OIL
Pasta sauce "The foreign wording in the mark translates into English as "PRODUCT OF ITALY", "ITALY", AND "MORE THAN ONE THING PROVIDING LITTLE, SMALL LIGHTS"." The mark consists of the overall trade dress of the front of the applicant's pasta sauce labels. The trade dress includes a circular crest-like logo in the upper left hand corner of the front of the label. Approximately the bottom quart Read More
Classification Information
Class [030]
Staple Food Products
Pasta sauce
First Use Date in General
19th May 2004
First Use Date in Commerce
14th Jun 2004
Mark Details
Serial Number
No 78498998
Mark Type
No Service/Collective Mark
Attorney Docket Number
No 231211
44D Filed
No
44D Current
No
44E filed
No
44E Current
No
66A Filed
No
66A Current
No
Current Basis
No
No Basis
No
Design Code(s)
05.03.08 -
More than one leaf, including scattered leaves, bunches of leaves not attached to branches
05.03.25 -
Other leaves
19.09.02 -
Bottles, jars or flasks with bulging, protruding or rounded sides
26.01.17 -
Two concentric circles
26.01.18 -
Three or more concentric circles
Description of Design Search
The mark consists of the overall trade dress of the front of the applicant's pasta sauce labels. The trade dress includes a circular crest-like logo in the upper left hand corner of the front of the label. Approximately the bottom quarter of this circular logo appears placed on top of the label, while the top three-quarters appears by itself above the rest of the label. This logo features a plain circle within a more decorative, flower-like circle. The inner circle contains the word FRESH prominently in the center, which is surrounded by the words "Begins with Premium Select Fresh Italian Ingredients", which words follow the perimeter of and appear inside the inner circle. The trade dress also includes a distinctive leaf and flower pattern appearing as the background of the whole label. The trade dress also includes a long rectangular box in the lower left hand corner of the label. The box is characterized by an outline showing a box within another box. The box contains the wording "with LUCINI PREMIUM SELECT EXTRA VIRGIN OLIVE OIL". The trade dress also includes a circular logo in the bottom right hand corner of the front of the label. This circular logo contains the mark LUCINI prominently in the center. The word LUCINI appears in a slightly rounded line where the center of the word is higher than the beginning and the end. Under the mark LUCINI is the word ITALIA in a straight line in smaller letters. Following along the top half of the circle and inside the circle is the phrase "PRODOTTO D'ITALIA". Following along the bottom half of the circle and upside-down inside the circle is the phrase "PRODOTTO D'ITALIA". The trade dress is shown as it appears, on a jar. The shape of the jar itself is not claimed as an element of the mark, but the placement of the trade dress elements on the jar is claimed as an element of the trade dress.
Legal History
| Status Date | Action Taken |
|---|---|
| 07th Mar 2014 | CANCELLED SEC. 8 (6-YR) |
| 14th Mar 2012 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| 29th Apr 2010 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| 29th Apr 2010 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| 31st Jul 2007 | REGISTERED-PRINCIPAL REGISTER |
| 15th May 2007 | PUBLISHED FOR OPPOSITION |
| 25th Apr 2007 | NOTICE OF PUBLICATION |
| 21st Mar 2007 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| 21st Mar 2007 | ASSIGNED TO LIE |
| 26th Feb 2007 | APPROVED FOR PUB - PRINCIPAL REGISTER |