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HOT CHOCOLATE DESIGN CHOCOLATICAS
Live/Registered
REGISTERED

on 12 Feb 2019

Last Applicant/ Owned by

200 Crandon Blvd

Key Biscayne

FL

33149

Serial Number

87636830 filed on 06th Oct 2017

Registration Number

5672348 registered on 12th Feb 2019

in the Principal Register

Correspondent Address

JUSTIN R. YOUNG

DINEFF TRADEMARK LAW LIMITED

160 N. WACKER DRIVE

CHICAGO, IL 60606

Filing Basis

1. filed as use application

2. use application currently

Disclaimer

"DESIGN"

HOT CHOCOLATE DESIGN CHOCOLATICAS

"DESIGN" The English translation of "CHOCOLATICAS" in the mark is "CHOCOLATE". The color(s) blue, beige, brown, and pink is/are claimed as a feature of the mark. Footwear The mark consists of three-dimensional packaging in the form of a carton with a gabled top in beige and a design of an awning in brown and dark brown with scalloped detailing. The two circled dots at the top of the mark repreRead More

Classification Information


Class [025]
Clothing Products


Footwear


First Use Date in General

30th Jun 2005

First Use Date in Commerce

31st Oct 2013

Mark Details


Serial Number

No 87636830

Mark Type

No Service/Collective Mark

Attorney Docket Number

No TM9351US25

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)

01.15.05 -

Smoke, steam and vapor

01.15.11 -

Bubbles, foamy masses

05.05.25 -

Other flowers including daffodils and irises

07.07.05 -

Shutters, awnings

10.05.10 -

Soap bars

11.03.02 -

Tankards, glasses with handles, beer mugs, steins

11.03.04 -

Milk bottles and cartons

19.07.01 -

Baskets, including picnic baskets and bicycle baskets

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Description of Design Search

The mark consists of three-dimensional packaging in the form of a carton with a gabled top in beige and a design of an awning in brown and dark brown with scalloped detailing. The two circled dots at the top of the mark represent rivets used to close the container and are not claimed as a feature of the mark. A beige circle featuring a brown mug with brown steam rising from it to the right of the wording "Hot Chocolate Design" in stylized brown letters is seen in the upper right corner of the mark. The middle of the mark features a beige and blue diamond pattern background. The left side of the carton feature a square element with a blue stylized border and a striped background in pink and blue and a curved blank section in beige featuring a design with dashed lines in brown. A brown bucket overflowing with soap bubbles and a bar of soap, both in beige outlined in brown is seen at the top of the blank section. A blue basket is seen at the bottom right of the square element. A smaller rectangular element is seen below outlined in a stylized blue border with a blank section in beige. The other side of the carton features a flower design in beige with a brown circular design in its center featuring the word "chocolaticas" in stylized beige letters and tiny stars in beige above and below this wording, surrounded by a beige border. Below it is a design of a ribbon in pink with a dark pink outline. The bottom of the carton features a scalloped awning design in brown and dark brown. The dotted lines shown in the drawing are not part of the mark but merely serve to indicate the position of the mark when used on the goods.

Legal History


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Status DateAction Taken
12th Feb 2024COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED
12th Feb 2019REGISTERED-PRINCIPAL REGISTER
27th Nov 2018PUBLISHED FOR OPPOSITION
27th Nov 2018OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
07th Nov 2018NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
19th Oct 2018PREVIOUS ALLOWANCE COUNT WITHDRAWN
19th Oct 2018EXAMINERS AMENDMENT -WRITTEN
19th Oct 2018EXAMINERS AMENDMENT E-MAILED
19th Oct 2018NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
19th Oct 2018EXAMINER'S AMENDMENT ENTERED