FRESH BEGINS WITH PREMIUM SELECT FRESH ITALIAN INGREDIENTS PRODOTTO D'ITALIA LUCINI ITALIA PRODOTTO D'ITALIA WITH LUCINI PREMIUM SELECT EXTRA VIRGIN OLIVE OIL - Trademark Details
Status: 710 - Cancelled - Section 8
Image for trademark with serial number 78498998
Serial Number
78498998
Registration Number
3271502
Word Mark
FRESH BEGINS WITH PREMIUM SELECT FRESH ITALIAN INGREDIENTS PRODOTTO D'ITALIA LUCINI ITALIA PRODOTTO D'ITALIA WITH LUCINI PREMIUM SELECT EXTRA VIRGIN OLIVE OIL
Status
710 - Cancelled - Section 8
Status Date
2014-03-07
Filing Date
2004-10-13
Registration Number
3271502
Registration Date
2007-07-31
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s) Typeset
Design Searches
050308, 050325, 190902, 260117, 260118 - More than one leaf, including scattered leaves, bunches of leaves not attached to branches. Other leaves. Bottles, jars or flasks with bulging, protruding or rounded sides. Two concentric circles. Three or more concentric circles.
Published for Opposition Date
2007-05-15
Attorney Name
Law Office Assigned Location Code
L80
Employee Name
DAWE III, WILLIAM H
Statements
Disclaimer with Predetermined Text
"FRESH, PRODOTTO D'ITALIA, EXTRA VIRGIN OLIVE OIL and ITALIA"
Description of Mark
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.
Goods and Services
Pasta sauce
Section 2(f) Limitation Statement
PREMIUM SELECT
Translation of Words in Mark
"The foreign wording in the mark translates into English as "PRODUCT OF ITALY", "ITALY", AND "MORE THAN ONE THING PROVIDING LITTLE, SMALL LIGHTS"."
Classification Information
International Class
030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
US Class Codes
046
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2014-03-07
Primary Code
030
First Use Anywhere Date
2004-05-19
First Use In Commerce Date
2004-06-14
Correspondences
Name
Tamara A. Miller
Address
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Prior Registrations
Relationship TypeReel Number
Prior Registration2244504
Prior Registration2282053
Prior Registration2890468
Trademark Events
Event DateEvent Description
2004-10-20NEW APPLICATION ENTERED IN TRAM
2005-05-16ASSIGNED TO EXAMINER
2005-05-24NON-FINAL ACTION WRITTEN
2005-05-24NON-FINAL ACTION E-MAILED
2005-11-23TEAS RESPONSE TO OFFICE ACTION RECEIVED
2005-11-23CORRESPONDENCE RECEIVED IN LAW OFFICE
2005-12-05TEAS/EMAIL CORRESPONDENCE ENTERED
2005-12-29FINAL REFUSAL WRITTEN
2005-12-29FINAL REFUSAL E-MAILED
2006-06-29EXPARTE APPEAL RECEIVED AT TTAB
2006-06-29JURISDICTION RESTORED TO EXAMINING ATTORNEY
2006-06-29EX PARTE APPEAL-INSTITUTED
2006-07-05PAPER RECEIVED
2006-08-29NON-FINAL ACTION WRITTEN
2006-08-29NON-FINAL ACTION E-MAILED
2007-02-23TEAS RESPONSE TO OFFICE ACTION RECEIVED
2007-02-23CORRESPONDENCE RECEIVED IN LAW OFFICE
2007-02-24TEAS/EMAIL CORRESPONDENCE ENTERED
2007-02-26APPROVED FOR PUB - PRINCIPAL REGISTER
2007-03-21ASSIGNED TO LIE
2007-03-21LAW OFFICE PUBLICATION REVIEW COMPLETED
2007-04-25NOTICE OF PUBLICATION
2007-05-15PUBLISHED FOR OPPOSITION
2007-07-31REGISTERED-PRINCIPAL REGISTER
2010-04-29TEAS CHANGE OF OWNER ADDRESS RECEIVED
2010-04-29APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
2012-03-14ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
2014-03-07CANCELLED SEC. 8 (6-YR)