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Live/Pending
PUBLISHED FOR OPPOSITION

on 19 Mar 2024

Last Applicant/ Owned by

Auckland 1010

NZ

Serial Number

79376547 filed on 27th Apr 2023

Registration Number

N/A

Correspondent Address

Kiranjit K Dharsan

Seiter Legal Studio

2450 Colorado Ave., Suite 100E

Santa Monica,CA 90404

Filing Basis

1. filing basis filed as 66 a

Disclaimer

NO DATA

Logo Mark Trademark Information

Frozen fruit juices; non-alcoholic fruit extract beverages; vitamin fortified non-alcoholic fruit juice beverages; non-alcoholic vegetable drinks; non-alcoholic fruit juice; non-alcoholic carbonated beverages; soft drinks; whey beverages; fruit juices; fruit based beverages; vegetable juices; vegetable based beverages; energy beverages; sports beverages; isotonic beverages; high protein sports bevRead More

Classification Information


Class [032]
Light Beverage Products


Frozen fruit juices; non-alcoholic fruit extract beverages; vitamin fortified non-alcoholic fruit juice beverages; non-alcoholic vegetable drinks; non-alcoholic fruit juice; non-alcoholic carbonated beverages; soft drinks; whey beverages; fruit juices; fruit based beverages; vegetable juices; vegetable based beverages; energy beverages; sports beverages; isotonic beverages; high protein sports beverages; plain soya-bean derived beverages, other than milk substitutes; fortified soyabean derived beverages, other than milk substitutes; sparkling waters; sparkling water vitamin infused beverages; rice-based beverages, other than milk substitutes; non-alcoholic preparations for making fruit juice; non-alcoholic preparations for making soft drinks; non-alcoholic preparations for making whey beverages; non-alcoholic preparations for making high protein sports beverages; non-alcoholic fruit juice beverages; mineral water being beverages; aerated water; smoothies; waters being beverages; syrups for making non-alcoholic fruit flavoured beverages; concentrates preparations for making non-alcoholic fruit flavoured beverages; liquid mixtures preparations for making non-alcoholic fruit flavoured beverages; syrups preparations for making non-alcoholic fruit flavoured beverages; non-alcoholic essences preparations for making non-alcoholic fruit flavoured beverages, not in the nature of essential oils; extracts preparations for making non-alcoholic fruit flavoured beverages; powders preparations for making non-alcoholic fruit flavoured beverages; powders for making non-alcoholic fruit flavoured effervescing beverages; vitamin and probiotic fortified non-alcoholic fruit juice beverages; concentrates for making fruit beverages; powders for use in the preparations of sports drinks, namely, sports drink powder preparations, not for medical purposes; ready to drink fruit juice beverages, being nutritionally fortified beverages, not for medical purposes; smoothie mixes being smoothie kits; powders for making hot non-alcoholic drinks made from grains

Class [030]
Staple Food Products


Coffee; tea; cocoa; Flavorings, other than essential oils, for beverages, namely, powders for making flavoured beverages; flavourings, other than essential oils, for beverages, namely, coffee flavourings and powders; flavourings, other than essential oils, for beverages, namely, tea flavourings and powders; flavourings, other than essential oils, for beverages, namely, cocoa flavourings and powders; chocolate beverages; chocolate based beverages; flavourings, other than essential oils, for beverages, namely, chocolate flavourings and powders; cereal powder, namely, cereal flour; vegan hot chocolate; vegan coffee-based beverages; non-milk based milk tea, namely, tea-based milk tea made with milk substitute; herbal food beverages other than for medicinal use; frozen yoghurt; frozen yoghurt confections; frozen yoghurt mixes; frozen-yoghurt-based snack foods; frozen desserts consisting of fruit and cream or cream substitutes; dessert puddings; desserts, namely, chocolate desserts and ice cream desserts; ice cream; ices; frozen beverages in the nature of edible ices; sorbet; frozen confections; custard; processed semolina; sauces and condiments in the nature of chutneys; confectionery, namely, chocolate, candy and liquorice; cereal products, namely, processed cereals and cereal based snacks; malt for human consumption; cakes; biscuits; vegan cookies, biscuits, cakes and pies; pastry; salad dressings; almond cookies; almond cake; almond confectionery; confectionery, namely, chocolate enriched with antioxidants; confectionery, namely, chocolate enriched with vitamins; chewing candy; confectionery, namely, chocolate with active ingredients for assisting with sports recovery; non-medicated lozenges; vegan frozen confections; vegan ice cream; processed cereal-based beverages; processed cereals; cereal-based snack foods; cereal bars and high-protein cereal bars; cereal based food bars; cereal based meal replacement bars; ready-to-eat cereal-derived food bars; grain based snack food; rice based snack food; quinoa based snack food; wheat based snack food; chocolate-based ready-to- eat food bars; chocolate-based meal replacement bars; snack bars consisting of chocolate; probiotic cereal-based snack bars; porridge; muesli bars; muesli snacks; snack foods and snack bars made predominantly from rice, cereal, muesli, corn, wheat, flour; cereal-based energy bars; milk sauce; cheese sauce; fruit sauce

Class [029]
Meats and Processed Food Products


Meat; fish, preserved; poultry; game; preserved fruits; frozen fruits; dried fruits; cooked fruits; preserved vegetables; frozen vegetables; dried vegetables; cooked vegetables; jellies; jams; compotes; milk substitutes; dairy products, namely, milk, butter, cheese, yogurt, cream, sour cream and cream cheese; dairy based beverages; dairy based powders for making dairy based food beverages and shakes; UHT (ultra high temperature) milk; ESL (extended shelf life) milk; milk concentrate, namely, milk powder; milk powder; cream being dairy products; dessert products primarily consisting of dairy products, namely, milkshakes, yogurt, custard style yogurt and ice cream shakes; meat extracts; eggs; condensed milk; flavoured milk; flavoured milk powder; food spreads consisting principally of dairy products, namely, cream cheese and butter; margarine; blends of butter; protein milk; milk beverages, milk predominating; flavoured milk beverages, milk predominating; fortified milk beverages, milk predominating; goat milk beverages including flavoured and fortified milk beverages, goat milk predominating; sheep milk beverages including flavoured and fortified milk beverages, sheep milk predominating; milk powder containing nutritional additives, milk powder predominating; milk powder containing nutritional supplements, milk powder predominating; goat milk; flavoured goat milk; goat milk products, excluding ice cream, ice milk and frozen yogurt; goat milk powder; flavoured goat milk powder; flavoured sheep milk; flavoured sheep milk powder; goat milk powder containing nutritional additives and supplements, goat milk powder predominating; sheep milk powder containing nutritional additives and supplements, sheep milk powder predominating; yoghurt based beverages; flavoured yoghurt; yoghurt based desserts, namely, yoghurt; custard desserts, namely, custard style yoghurt; soft cheese; hard cheese; cheese products, namely, cheese; processed cheese; cheese spreads; blends of edible oils; blends of edible fats; croquettes of chicken, fish and lamb; preserved meat; canned fruits; potato crisps; ginger jam; soups; preserved soya beans for food; preserved eggs; salted eggs; fruit salads; pectin for food; unflavoured and unsweetened gelatine for food; prepared nuts; dried edible mushroom; albumen for food; tofu; bean curd; dried bean milk cream in tight rolls; whipped cream; acidophilus milk; kumys in the nature of milk beverage; kefir in the nature of milk beverage; curd; rennet; koumiss in the nature of milk beverage; protein milk for human consumption; milk based beverages flavoured with tea; soya milk; milk beverages with cocoa; fish, not live; crustaceans, not live; lactose-free milk; non-dairy milk substitutes; plant and vegetable based milk substitutes; soy milk being milk substitute; soy-based beverages being milk substitutes; pea milk being milk substitute; milk made from legumes being milk substitute; milk of plant origin being milk substitute; coconut milk beverages; coconut milk for cooking; nut based milk for use as a milk substitute; almond milk being milk substitute; almond milk based beverages; peanut milk being milk substitute; cashew milk being milk substitute; hazelnut milk being milk substitute; cereal based milk for use as a milk substitute; sesame milk being milk substitute; coconut milk being milk substitute; oat milk; oat-based beverages being milk substitute; rice milk being milk substitute; rice-based beverages in the nature of milk substitutes being liquid meal replacements; hemp milk being milk substitute; millet milk being milk substitute; malted milk being milk substitutes; malted milk beverages, milk predominating; chia milk being milk substitute; soya-based beverages used as milk substitutes; yoghurt based on milk substitutes; fermented milk substitutes; beverages based on fermented milk substitutes; flavoured beverages based on milk substitutes; beverages based on milk substitutes flavoured with chocolate, cocoa, coffee and tea; non-dairy milk powder; almond milk in powder form; dairy substitutes namely, non-dairy milk substitutes, butter substitutes, cheese substitutes, yogurt substitutes, cream substitutes, sour cream substitutes and cream cheese substitutes; dairy products based on milk substitutes; non-dairy cheese; non-dairy butter; nut butters; almond butter; powdered nut butters; nut butter flavoured with chocolate; fruit butters; coconut butter; cacao butter for food; vegetable based spread; non-dairy yoghurt; non-dairy creamer; non-dairy cream; cream of coconut; non-dairy soya based cream; desserts made from milk substitutes, namely milkshakes, yogurt, custard style yogurt and ice cream shakes; probiotic milk-based snack bars; seed-based snack bars; nut and dried fruit- based snack bars; probiotic almond-based snack bars; probiotic dairy-based snack bars; probiotic yogurt-based snack bars; vegetable-based raw food bars; fruit based snack food; fruit-based snack bars; soya bean-based snack food; soya- based food bars; nut-based snack food; nut-based food bars; nut-based meal replacement bars; nut-based snack bars; fruit and nut based snack bars; nut and seed-based snack bars; probiotic nut-based snack bars; fruit and nut-based snack bars featuring a chocolate coating; vegan foods in the nature of snack bars consisting predominantly of vegetables, nuts, and dairy substitutes in the nature of milk substitutes; vegetable based snack food; peas, processed; processed almonds; laban being yoghurt; labneh being yoghurt; butter; cream being dairy products; cheese; milk; yoghurt; milk beverages, milk predominating; whey; milk products excluding ice cream, ice milk and frozen yogurt; protein milk; powdered milk; sheep milk; sheep cheese; sheep milk tea with sheep milk predominating, namely, milk-based beverage with high milk content primarily consisting of sheep milk and also including tea; sheep milk powder; sheep milk products, excluding ice cream, ice milk and frozen yogurt; sheep milk beverage, sheep milk predominating; cream made from sheep milk; edible fats; edible oils; fatty substances for the manufacture of edible fats; palm oil for food; buttercream being cream in the nature of dairy products; nut-based spreads; meat for making spreads; spread cheese; vegetable-based spreads; cream cheese; albuminous milk

Class [005]
Pharmaceutical Products


Dietary supplements intended to supplement a normal diet; dietary supplements intended to have health benefits; dietetic foods adapted for medical use; dietetic substances in the nature of foods and beverages adapted for medical use; dietetic beverages adapted for medical use; meal replacements shakes adapted for medical use; dietetic foods adapted for veterinary use; dietetic substances in the nature of foods and beverages adapted for veterinary use; dietetic beverages adapted for veterinary use; food for babies; food for infants; milk powder for babies; milk powder for infants; milk protein supplements; lacteal flour for infants; milk sugar for medical purposes; lactose for medical purposes; baby milk powder; lacteal flour for babies; malted milk beverages for medical purposes; dietetic albuminous foodstuffs for medical purposes; nutritional additives being dietary supplements for medical purposes; mineral food supplements; dietary supplements, intended to supplement a normal diet or to have health benefits; vitamins for human consumption; vitamin formulations for human consumption; vitamin preparations; albuminous preparations being dietetic foods for medical purposes; nutritional additives in the nature of nutritional supplements, dietary supplements and bacterial cultures for medical purposes; probiotic cultures, preparations and substances in the nature of bacterial cultures for medical use having probiotics; prebiotic cultures, preparations and substances in the nature of bacterial cultures for medical use having prebiotics; bacterial preparations for medical use and biological preparations for medical use for the enhancement of gut health and immunity; bacterial preparations for nutritional purposes; biological preparations for nutritional purposes; cultures of micro-organisms for nutritional purposes; pharmaceutical products for treatment in relation to gastrointestinal health, gut health, immune health, vaginal health, stress management and cognition; pharmaceutical preparations for treatment in relation to gastrointestinal health, gut health, immune health, vaginal health, stress management and cognition; nutritional supplement energy bars; energy bars used as nutritional supplements; probiotic bars used as dietary supplements; dietary food supplements in the nature of ready-to-eat protein bars; food and beverages fortified with vitamins and minerals for humans, namely, dietetic food and beverages adapted for medical use; milk protein isolates being dietary supplements; whey protein isolates being dietary supplements; nutritional supplements; nutritional cultures as dietary supplements; plant-based protein dietary supplements; powdered plant-based protein dietary supplements; vegan liquid protein supplements; vegan protein for use as a nutritional supplement in ready-to-drink beverages; probiotic bacterial preparations for veterinary use; cultures of micro-organisms for veterinary use; probiotic cultures for veterinary use; probiotic substances in the nature of cultures of micro-organisms for veterinary use; bacterial cultures for medical or veterinary use; bacteriological preparations for medical and veterinary use; depuratives for the body; herbicides; babies' diapers; breast-nursing pads; pharmaceutical preparations to treat pain in relation to teething; diapers for pets; pharmaceutical preparations for treatment in relation to gastrointestinal health, gut health, immune health, vaginal health, stress management and cognition and substances in the nature of dietetic foodstuffs for medical purposes; dietary supplements, namely, food ingredients in the nature of food additives for humans or animals; pharmaceutical preparations in the nature of additives for foodstuffs for treatment in relation to gastrointestinal health, gut health, immune health, vaginal health, stress management and cognition; dietetic foods, drinks, substances in the nature of dietary supplements, powders, beverages, supplemental drinks, meal replacement bars, vitamins, mineral supplements, and additives adapted for medical use; food for babies and infants, including milk powder for babies and infants; nutraceutical preparations and substances for medical use for treatment in relation to gastrointestinal health, gut health, immune health, vaginal health, stress management and cognition; dietary supplements, namely, nutritional additives, supplements and cultures including nutritional additives for medical purposes, and dietary supplements in the nature of mineral additives for foodstuffs; food supplements for medical purposes; mineral supplements for foodstuffs; nutritional supplements for medical use, including probiotic supplements; probiotic bacterial cultures, including probiotic bacterial formulations for medical use; probiotic bacterial preparations for medical use to assist in maintenance of digestive health; cultures of micro-organisms for medical and veterinary use; casein, namely, casein dietary supplements; dietary supplemental drinks promoting healthy growth, bone health, muscle development, cognitive development, immunity development or allergy and digestive health; vitamin supplements in tablet or powder form for making effervescent beverages when added to water; pharmaceuticals, medical and veterinary preparations for treatment in relation to gastrointestinal health, gut health, immune health, vaginal health, stress management and cognition; sanitary preparations for medical purposes; dietetic food and substances in the nature of dietary supplements adapted for medical or veterinary use; dietary supplements for humans and animals; preparations for destroying vermin; fungicides, herbicides; medicated animal feed; animal feed supplements in the nature of medicated additives for animal feeds; medicated supplements for animal feeds; feeding stimulants for animals; dietary supplements, namely, dietary and nutritional additives for foodstuffs for animals; veterinary preparations for treatment in relation to gastrointestinal health, gut health and immune health; medicines for veterinary purposes for treatment in relation to gastrointestinal health, gut health and immune health; food supplements and vitamins for veterinary use; dietetic food and beverages adapted for veterinary use; dietary supplements, namely, supplemented milk powders for animals; protein supplements for animals; mineral and vitamin based supplements for food and fodder; dietary supplements for animals; mineral supplements for animals; dietary supplements, namely, nutritional additives; nutritional supplements for animals; cultures of micro-organisms for medical and veterinary use, namely, nutritional cultures; probiotic bacterial preparations and cultures for veterinary use; dietetic foods adapted for veterinary use for animals; dietetic substances in the nature of foods adapted for veterinary use for animals; dietetic beverages adapted for veterinary use for animals; vitamins for animal consumption; vitamin formulations for animal consumption; feed additives for animals for use as nutritional supplements; dietary supplements, namely, non-medicated food additives and supplements for animals, other than minerals, trace elements and vitamins

Class [001]
Chemical Products


Milk protein concentrates for use in the manufacture of food supplements, food and beverages; whey protein concentrates for use in the manufacture of food supplements, food and beverages; amino acids, peptides, lipids, lactoferrin and phospholipids all for use in the manufacture of food supplements, food and beverages; dairy-based extracts, proteins, carbohydrates, fats, lipids, vitamins, minerals, enzymes and active chemicals all for use in the manufacture of food supplements, food, and beverages; plant-based extracts, proteins, carbohydrates, fats, lipids, vitamins, minerals, enzymes and active chemicals all for use in the manufacture of food supplements, food and beverages; animal-based extracts, proteins, carbohydrates, fats, lipids, vitamins, minerals, enzymes and active chemicals all for use in the manufacture of food supplements, food and beverages; fish, mollusc and crustacean-based extracts, proteins, carbohydrates, fats, lipids, vitamins, minerals, enzymes and active chemicals all for use in the manufacture of food supplements, food and beverages; bacteriological preparations for acetification for the food industry; bacterial cultures, added to food, food supplements and beverages, and other than for medical and veterinary use; bacterial preparations for the food industry; lactobacillus for food, food supplement and beverage manufacturing; lactoferrin for food, food supplement and beverage manufacturing; casein for the food, food supplement and beverage industries; lactose for the food, food supplement and beverage industries; proteins for use in the manufacture of food, food supplements and beverages; proteins for the food, food supplement and beverage industries; enzyme preparations for the food, food supplement and beverage industries; chemical substances for preserving foodstuffs; chemical additives for food, food supplement and beverage manufacturing; milk ferments for industrial uses; milk ferments for the food industry; milk ferments for the food, food supplement and beverage industries; proteins for use in the manufacture of food and beverage and food supplements; proteins for use in the manufacture of food supplements; milk ferments for industrial purposes; bacteriological preparations other than for medical and veterinary use; chemical filtering preparations for the beverages industry; oils for the preservation of food; calcium salts; lecithin for industrial purposes, lecithin for the food industry; vitamins for use in the manufacture of food supplements, food and beverages; phosphatides; antioxidants for use in the manufacture of food supplements, foods and beverages; prebiotic bacteria for use in the manufacture of food supplements, food and beverages; prebiotic compositions in the nature of prebiotic bacteria for use in the manufacture of food, beverages, and food supplements; bacterial preparations for the food industry; bacterial cultures for the food industry; milk protein for use in the manufacture of food and beverages; milk protein for use in the manufacture of food supplements

Mark Details


Serial Number

No 79376547

Mark Type

No Service/Collective Mark

Attorney Docket Number

No

44D Filed

No

44D Current

No

44E filed

No

44E Current

No

66A Filed

Yes

66A Current

Yes

Current Basis

No

No Basis

No

Design Code(s)

01.05.01 -

Sun, rising or setting (partially exposed or partially obstructed)

01.15.25 -

Other natural phenomena and observable events

05.03.25 -

Other leaves

26.03.03 -

Incomplete ovals

26.17.09 -

Curved line(s), band(s) or bar(s)

Description of Design Search

The mark consists of an incomplete oval, half being light blue with a white highlight and half being dark blue with white highlight, that incorporates a green leaf with white highlight and white rays of light near one end of the leaf. The remaining white is background and/or transparent area only and is not claimed as a feature of the mark.

Legal History


Show more

Status DateAction Taken
19th Mar 2024PUBLISHED FOR OPPOSITION
19th Mar 2024OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
28th Feb 2024OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
28th Feb 2024NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
09th Feb 2024EXAMINERS AMENDMENT -WRITTEN
09th Feb 2024EXAMINERS AMENDMENT E-MAILED
09th Feb 2024NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
09th Feb 2024EXAMINER'S AMENDMENT ENTERED
09th Feb 2024APPROVED FOR PUB - PRINCIPAL REGISTER
19th Jan 2024TEAS RESPONSE TO OFFICE ACTION RECEIVED