APSINTHION DE LUXE - Trademark Details
Status: 404 - U.S. registration cancelled because International Registration cancelled in whole or in part
Serial Number
79074443
Registration Number
4043745
Word Mark
APSINTHION DE LUXE
Status
404 - U.S. registration cancelled because International Registration cancelled in whole or in part
Status Date
2019-10-10
Filing Date
2009-10-09
Registration Number
4043745
Registration Date
2011-10-25
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
190903, 200310 - Bottles, jars or flasks with straight, vertical sides. Bottle label.
Published for Opposition Date
2011-08-09
Attorney Name
Law Office Assigned Location Code
L60
Employee Name
MAHMOUDI, MARIAM AZIZ
Statements
Indication of Colors claimed
The color(s) light green, dark green, dark yellow, grey, white, red, and brown is/are claimed as a feature of the mark.
Disclaimer with Predetermined Text
"POLSKI"; "DE LUXE"; "ABSINTHE"; "HANDCRAFTED IN POLAND"; "FINEST EXTRACTS OF WORMWOOD, LEMON BALM & ANISE"; "QUALITY"; "100% NATURAL"; "ALL THE HERBS, INCLUDING WORMWOOD, LEMON BALM AND FENNEL, ARE HAND PICKED HIGH IN THE WISLA RESERVE, IN SOUTHERN POLAND. HERE THE MICROCLIMATE PROVIDES A PERFECT BLEND OF CLEAR AIR, CLEAN SPRING WATER, ALTITUDE AND TERROIR"; AND "HANDPICKED HERBS"
Description of Mark
The mark consists of the three-dimensional configuration of packaging for the goods, with the bottom third of the bottle, just above the base, depicting a wave like pattern that narrows towards the left into a crest like design. Just below the crest is a label that follows the shape of the wave like pattern, narrowing from right to left. The label displays a landscape of evergreen trees in various green colors. The top of the label features a light grey band sitting on top of a thin, yet darker grey band. The bottom of the label displays a dark green band with two yellow strips and a horizontally displayed banner featuring the words "handpicked herbs". The verbiage "100% Natural; All the herbs, including Wormwood, Lemon Balm and Fennel, are hand picked high in the Wisla Reserve, in Southern Poland. Here the microclimate provides a perfect blend of clean air, clear spring water, altitude and terroir; Handpicked Herbs" is displayed on this label in yellow. The main label is displayed in the center of the bottle. It is outlined in light grey, dark grey, green and brown form the outside to the inside. The label features a design of a striped banner with the word "APSINTHION" therein. The words "DE LUXE" are displayed in grey on the on the back of the curved edge to the right of the banner below the letters "ION" of the word "APSINTHION". The color dark grey appears in the shadows of the letters in the word "APSINTHION" in the mark. The color green appears in the background of the banner, in the stripes in the banner, and on the back of the curved edge of the right side of the banner. The color grey appears in the edges of the banner, and is mixed with green on the upper right and lower left edges of the banner. The color grey also appears in the back of the left curved edge of the banner. The color yellow appears in the top and left edges of the letters in the word "APSINTHION" in the mark. The color white appears in the wording "APSINTHION". Below the banner is a forest landscape with trees on the left and a cabin on the right. To the right of the cabin is a second smaller banner in yellow outlined in brown, displaying the word "QUALITY" in brown. The literal element "ABSINTHE" is displayed in white in the center of the lower part of the label. Below the word "ABSINTHE" are the words "FINEST EXTRACTS OF WORMWOOD, LEMON BALM & ANISE". These words are displayed in yellow. The upper left corner of the label shows within the curved edge of the "APSINTHION" banner four coins in yellow and brown and different in size. The coins are topped with vine looking branches. The literal element "HANDCRAFTED IN POLAND" is displayed in the center of the top of the label in white outlined in dark green. A yellow line indicating a vertically situated rectangular with rounded edges is displayed within the label. The line is broken up on the top and bottom of the label ending in crest like designs. To the bottom right, the line leads to the "QUALITY" banner and vine like leaves. The third label is of rectangular shape and runs down the neck of the bottle vertically from the top down leading into a circle. The label is outlined in grey, white and yellow from the outside inbound. The inside of the rectangular portion is white and displays the literal elements "Apsinthion De Luxe" as well as a dot between each literal element in yellow. The background of the rectangle shows floral designs in grey. The circle at the bottom of the rectangle, which is outlined in grey, consists of a red centre that is outlined in dark green. The area between the dark green outline and the grey outer outline of the circle is green and is outlined in dark green. The words, "APSINTHION", and "POLSKI ABSINTHE" are shown in the green circle. In addition, the red centre displays a tree like design in brown. The matter shown in broken lines is not part of the mark and serves only to show placement of the mark.
Goods and Services
Alcoholic beverages, namely, absinthe, prepared absinthe-flavored cocktails, herbal liqueurs
Translation of Words in Mark
The English translation of "POLSKI" in the mark is "POLISH". The English translation of "APSINTHION" in the mark is "UNDRINKABLE".
Classification Information
International Class
033 - Alcoholic beverages (except beers). - Alcoholic beverages (except beers).
US Class Codes
047, 049
Class Status Code
F - Section 71 - Cancelled
Class Status Date
2018-06-01
Primary Code
033
Correspondences
Name
Laurel V. Dineff
Address
Please log in with your Justia account to see this address.
Prior Registrations
Relationship Type | Reel Number |
Prior Registration | 3673159 |
International Registrations
International Registration Number
1017503
International Registration Date
2009-10-09
International Publication Date
2009-11-19
International Renewal Date
2019-10-09
Auto Protection Date
2011-05-12
International Status
102 - Death of IR (Dead as a Result of Non-Renewal, Renunciation or Cancellation by Holder of International Registration)
International Status Date
2019-10-10
Priority Claimed In
True
Priority Claimed Date
2009-04-28
First Refusal In
True
Trademark Events
Event Date | Event Description |
2009-11-12 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
2009-11-13 | LIMITATION OF GOODS/SERVICES FROM IB ENTERED |
2009-11-17 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
2009-11-21 | APPLICATION FILING RECEIPT MAILED |
2010-01-12 | ASSIGNED TO EXAMINER |
2010-01-21 | NON-FINAL ACTION WRITTEN |
2010-01-22 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
2010-01-25 | REFUSAL PROCESSED BY MPU |
2010-01-25 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
2010-02-22 | REFUSAL PROCESSED BY IB |
2010-07-21 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
2010-07-21 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
2010-07-26 | FAX RECEIVED |
2010-08-10 | ASSIGNED TO LIE |
2010-08-13 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
2010-08-13 | AMENDMENT FROM APPLICANT ENTERED |
2010-08-30 | TEAS VOLUNTARY AMENDMENT RECEIVED |
2010-08-30 | APPLICANT AMENDMENT PRIOR TO EXAMINATION - ENTERED |
2010-11-05 | NON-FINAL ACTION WRITTEN |
2010-11-05 | NON-FINAL ACTION E-MAILED |
2010-11-05 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
2011-04-13 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
2011-04-13 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
2011-04-30 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
2011-05-04 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
2011-05-04 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
2011-05-05 | TEAS/EMAIL CORRESPONDENCE ENTERED |
2011-06-28 | EXAMINERS AMENDMENT -WRITTEN |
2011-06-28 | EXAMINERS AMENDMENT E-MAILED |
2011-06-28 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
2011-06-28 | EXAMINER'S AMENDMENT ENTERED |
2011-06-28 | APPROVED FOR PUB - PRINCIPAL REGISTER |
2011-07-06 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
2011-07-20 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
2011-07-20 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
2011-08-06 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
2011-08-09 | PUBLISHED FOR OPPOSITION |
2011-08-09 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
2011-10-01 | NEW REPRESENTATIVE AT IB RECEIVED |
2011-10-25 | REGISTERED-PRINCIPAL REGISTER |
2012-01-25 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
2012-04-13 | FINAL DISPOSITION PROCESSED |
2012-04-13 | FINAL DISPOSITION NOTICE SENT TO IB |
2012-05-04 | FINAL DECISION TRANSACTION PROCESSED BY IB |
2016-10-25 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
2018-06-01 | CANCELLED SECTION 71 |
2019-02-01 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
2019-02-07 | INVALIDATION PROCESSED |
2019-02-07 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
2019-03-15 | TOTAL INVALIDATION PROCESSED BY THE IB |
2020-05-22 | DEATH OF INTERNATIONAL REGISTRATION |
2020-05-22 | NOTIFICATION OF EFFECT OF CANCELLATION OF INTL REG E-MAILED |