PORT CHARLOTTE ISLAY BARLEY HEAVILY PEATED ISLAY SINGLE MALT - Trademark Details
Status: 700 - Registered
Image for trademark with serial number 79182182
Serial Number
79182182
Registration Number
5061597
Word Mark
PORT CHARLOTTE ISLAY BARLEY HEAVILY PEATED ISLAY SINGLE MALT
Status
700 - Registered
Status Date
2016-10-18
Filing Date
2015-11-20
Registration Number
5061597
Registration Date
2016-10-18
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s) Typeset
Design Searches
190902 - Bottles, jars or flasks with bulging, protruding or rounded sides.
Published for Opposition Date
2016-08-02
Attorney Name
Bruce S. Londa
Law Office Assigned Location Code
L50
Employee Name
LAPTER, ALAIN J
Statements
Indication of Colors claimed
The color(s) black, gray, white, orange, silver is/are claimed as a feature of the mark.
Disclaimer with Predetermined Text
THE APPLICANT DISCLAIMS ANY EXCLUSIVE RIGHT TO USE THE WORDS "ISLAY BARLEY", "HEAVILY PEATED", "ISLAY SINGLE MALT".
Description of Mark
The mark consists of a three-dimensional configuration of the bottle packaging for the goods with wording thereon. The wording "PORT CHARLOTTE" in black, "ISLAY BARLEY" in orange, "HEAVILY PEATED" in light gray, and "ISLAY SINGLE MALT" in dark gray, appears vertically, in stylized font along the center of the bottle. To the right of the wording "ISLAY SINGLE MALT" appears stylized letters "B" and "L" overlaid in the center of a design consisting of two concentric circles with the words "BRUICHLADDICH" and "ISLAY SINGLE MALT" appearing between the circles to form a border, in light gray. The wording "PORT CHARLOTTE" in white and "ISLAY SINGLE MALT" in black appears vertically on the neck of the bottle, on a silver cap. The bottle and cap are represented with broken lines and are not part of the mark. The broken lines outlining the bottle and cap indicate placement of the mark and are not part of the mark. The color of the liquid in the bottle is not claimed as part of the mark.
Goods and Services
Single malt scotch whisky produced in the Islay region of Scotland
Section 2(f) Limitation Statement
AS TO "BRUICHLADDICH" has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4785242; BRUICHLADDICH has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
Translation of Words in Mark
The English translation of the word "Bruichladdich" in the mark is "the steep bank of the lee shore".
Classification Information
International Class
033 - Alcoholic beverages (except beers). - Alcoholic beverages (except beers).
US Class Codes
047, 049
Class Status Code
6 - Active
Class Status Date
2016-02-16
Primary Code
033
Current Trademark Owners
Party Name
Bruichladdich Distillery Company Limited
Party Type
30 - Original Registrant
Legal Entity Type
99 - Other (Private Limited Company).
Address
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Trademark Owner History
Party Name
Bruichladdich Distillery Company Limited
Party Type
30 - Original Registrant
Legal Entity Type
99 - Other (Private Limited Company).
Address
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Party Name
Bruichladdich Distillery Company Limited
Party Type
20 - Owner at Publication
Legal Entity Type
99 - Other (Private Limited Company).
Address
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Party Name
Bruichladdich Distillery Company Limited
Party Type
10 - Original Applicant
Legal Entity Type
99 - Other (Private Limited Company).
Address
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Correspondences
Name
Bruce S. Londa
Address
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International Registrations
International Registration Number
1286896
International Registration Date
2015-11-20
International Publication Date
2016-02-11
International Renewal Date
2025-11-20
Auto Protection Date
2017-08-11
International Status
001 - Request for extension of protection established
International Status Date
2016-02-11
Priority Claimed In
True
Priority Claimed Date
2015-06-11
First Refusal In
True
Trademark Events
Event DateEvent Description
2016-02-11SN ASSIGNED FOR SECT 66A APPL FROM IB
2016-02-16NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
2016-02-20APPLICATION FILING RECEIPT MAILED
2016-03-14ASSIGNED TO EXAMINER
2016-03-17NON-FINAL ACTION WRITTEN
2016-03-18NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW
2016-03-18REFUSAL PROCESSED BY MPU
2016-03-18NON-FINAL ACTION MAILED - REFUSAL SENT TO IB
2016-05-13REFUSAL PROCESSED BY IB
2016-06-17TEAS RESPONSE TO OFFICE ACTION RECEIVED
2016-06-17CORRESPONDENCE RECEIVED IN LAW OFFICE
2016-06-17TEAS/EMAIL CORRESPONDENCE ENTERED
2016-06-27APPROVED FOR PUB - PRINCIPAL REGISTER
2016-07-13NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
2016-07-13NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB
2016-07-13NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB
2016-08-02PUBLISHED FOR OPPOSITION
2016-08-02OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
2016-09-02NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB
2016-10-18REGISTERED-PRINCIPAL REGISTER
2017-01-18FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB
2017-02-22GENERIC MADRID TRANSACTION CREATED
2017-02-22GENERIC MADRID TRANSACTION SENT TO IB
2017-05-27FINAL DECISION TRANSACTION PROCESSED BY IB
2020-02-06TEAS CHANGE OF CORRESPONDENCE RECEIVED
2021-10-18COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED