Trademark: 79295001
Word
THE ORIGINAL OATLY!
Status Date
Tuesday, August 31, 2021
Registration Number
6465760
Registration Date
Tuesday, August 31, 2021
Filing Date
Wednesday, June 3, 2020
Published for Opposition
Tuesday, June 15, 2021
30 Flour, oat-based food and foodstuffs, namely, processed oats, oat-based bars and oat-based energy-bars; oatmeal, rolled oats; cereals in the nature of breakfast cereals; processed cereals; food preparations and foodstuffs made from cereals, namely, cereal-based snack food, cereal based energy bars, high-protein cereal bars, biscuits, tarts, cakes made with cereals, ready-to-eat cereals, cereal-based snack bars; crisps made of cereals; breakfast cereals; breakfast cereals containing fibre; breakfast cereals containing a mixture of fruit and fibre; cereal flakes; muesli consisting predominantly of cereals; cereal bars and energy bars; cereal powders; oat flakes; muesli; oat-based gruel snack foods consisting principally of grain; snack foods consisting principally of extruded cereals; cereal snacks; snack foods and snack products made from cereals; snacks made from muesli; snack foods made of whole wheat; bread; wholemeal bread and bread mixes; whole wheat bread and crisps; biscuits; pastry and confectionery, namely, chocolate confectionary; oat-based cake mixes, oat-based biscuit mixes; coffee; decaffeinated coffee; instant coffee; roasted coffee in powder form; artificial coffee; coffee drinks and beverages; coffee-based drinks and beverages; coffee-based drinks and beverages containing milk substitutes; pancakes; waffles; pancake batter; liquid batter for making pancakes; oat-based pancakes; oat-based waffles; oat-based pancake batter; oat-based liquid batter for making pancakes; powdered preparations containing cocoa for use in making beverages; oat-based drinks in powder form, namely, oat-based coffee drinks, cocoa drinks and espresso drinks in powder form; food sauces; cooking sauces; prepared foodstuffs in the form of sauces; oat-based sauces; oat-based custard; oat-based vanilla custard; oat-based vanilla sauce; ice cream substitute; ice cream; ice cream made from milk substitutes; non-dairy ice cream; oat-based ice cream; oat-based flavoured ice-cream; oat-based fruit ice-cream; flavoured ice-cream; fruit ice-cream; milk substitutes frozen yoghurt; non-dairy frozen yoghurt; fermented foodstuffs, namely, oat-based soy sauce, oat-based pastes; oat-based grains and cereal-based snack foods for non-medical slimming purposes; grain-based snack foods for non-medical for slimming purposes
41 Education services, namely, providing classes, seminars, workshops and tutoring relating to nutrition; dietary education services, namely, providing classes, seminars and workshops in the field of dietary nutrition; providing of training in the field of health care and nutrition; provision of instruction relating to nutrition; Educational services, namely, providing courses of instruction nutrition and diet; training related to nutrition and diet, not including medical instruction
9 Downloadable software, namely, game software; downloadable software for identifying third party retail stores that carry designated products and indicating product locations within the stores; downloadable software for users to share user generated content in the nature of recipes; downloadable application software for converting online recipes to include non-dairy ingredients; downloadable application software for locating and storing recipes; downloadable digital recipes and collections of recipes in electronic format
8 Cutlery, namely, table forks and table knives; forks, namely, pastry forks; knives, namely, pastry knives; spoons, namely, tea spoons, dessert spoons, soup spoons
18 Backpacks; duffle bags, tote bags
29 Dairy substitutes, namely, artificial cream, hazelnut milk, soy milk, coconut oil for food, coconut butter; dairy product substitutes, namely, oat-based cream; milk substitutes; milk substitutes containing oats; oat milk in the nature of a milk substitute; oat-based beverages and drinks for use as a milk substitute; milk substitute based beverages and drinks; functional milk substitute beverages; fruit-flavored oat-based drinks; milk substitute-based drinks containing coffee; yoghurt substitutes; yoghurt substitutes containing oats; milk substitute preparations for making yoghurt; oat-based yoghurt substitute; oat-based yoghurt and drinking yoghurt free of milk and lactose; yoghurt and drinking yoghurt substitutes containing oats; fruit-flavored yoghurt substitutes; fruit-flavored yoghurt substitutes containing oats; sour milk substitutes; sour cream substitutes; sour milk substitutes containing oats; sour cream substitutes containing oats; cream substitutes; crème fraîche substitutes; cream substitutes containing oat; crème fraîche substitutes containing oats; non-dairy creamer; oat-based cooking cream and creamer; vegetable-based cream; butter substitutes, margarine substitutes; oat-based butter substitutes; oat-based margarine substitutes; non-dairy-based cheese substitutes; cheese mixtures based on dairy substitutes; cheese powder based on dairy substitutes; cheese substitutes; oat-based cheese; instant powder dairy substitutes; milk substitute powder, milk substitute powder for food and nutritional purposes; dried milk substitute powder, cream substitute powder; flavored milk substitute powder for making drinks; compotes, fruit and vegetable spreads; oat-based and vegetable based dairy substitute products for slimming purposes, namely, artificial milk, cream and cheese based on oats and vegetables; soup powders
39 Transportation and delivery of goods; packaging and storage of goods
5 Oat-based food supplements and oat-based dietary supplements; oat-based nutritional supplements; oat-based dietary supplement drink mixes in the nature of nutritional supplements; oat-based dietary supplemental drinks in the nature of nutritional supplement vitamin and mineral beverages; oat-based nutritional supplement in the nature of a nutrient-dense drink mix; food for babies; nutraceuticals for therapeutic purposes and for use as nutritional supplements and dietary supplements; nutraceuticals for therapeutic purposes; nutraceuticals for use as a dietary supplement; grain-based nutritional supplements and dietary supplements for therapeutic purposes; grain-based nutraceuticals for therapeutic purposes and for use as nutritional supplements and dietary supplements; oat-based nutraceuticals for therapeutic purposes and for use as nutritional supplements and dietary supplements; functional foods for slimming purposes, namely, weight management supplements; functional beverages for slimming purposes, namely, weight management supplements; probiotic supplements; vitamin and mineral supplements; anti-oxidant food supplements; calcium supplements; mineral nutritional supplements; bacteriological preparations and preparations of microorganisms for medical and veterinary use, namely, probiotic bacteria and bacteria cultures being ingredients for dietetic substances for pharmaceutical medical and veterinary use; food supplements and health food supplements for persons with special dietary requirements; grain-based food supplements for slimming purposes; oat-based food supplements for slimming purposes; dietary supplements for slimming purposes; probiotic supplements for slimming purposes [ ; oat-based dietary supplement drink mixes; oat-based dietary supplemental drinks in the nature of vitamin and mineral beverages ]
16 Bumper stickers; cards, namely, printed informational cards in the field of nutritional information, note cards, printed note cards; calendars; greeting cards; printed recipe cards; printed recipes sold as a component of food packaging; posters; pens; recipe books; stickers; prints; adhesive stickers
25 Headwear, namely, hats, and caps; clothing for women, men, boys and girls, namely, shirts, blouses, jackets, sweatpants and sweatshirts, knitted tops, scarves, sweaters; clothing for women, men, boys and girls, namely, t-shirts, tank tops, sport knit shirts
35 Business management of wholesale and retail outlets; retail store services featuring food and foodstuffs, beverages and drinks, food supplements and dietary food supplements, dietary supplements and dietetic preparations; retail store services featuring functional foods, functional health foods and functional beverages, slimming products; retail store services featuring dairy substitutes and dairy product substitutes, processed grains, oats and oat-based products; retail store services featuring books, bumper stickers, cards, calendars, printed recipe cards, printed matter, posters, pens, photographs, recipe books, stickers, prints, adhesive stickers, magazines; retail store services featuring clothing, and headwear
44 Dietary and nutritional guidance; health counselling; nutritional advice; nutritional advisory services; food nutrition consultation; providing nutritional information about food
21 Drinking vessels and barware, namely, highball glasses, whiskey glasses, cocktail glasses, carafes, decanters, coupe glasses, snifters, mugs; serving pots and jugs, coffee pots and tea pots; milk jugs; jugs for frothing milk; non-electric milk frothers; cups, saucers and [ mug ] * mugs * ; bowls
32 Preparations for making beverages, namely, powders for making fruit beverages, fruit-based and fruit-flavored beverages, vegetable juices, smoothies, whey beverages, isotonic beverages and sports beverages; non-alcoholic beverages, namely, fruit beverages, fruit-based and fruit-flavored beverages, vegetable juices, smoothies; non-alcoholic drinks, namely, isotonic non-alcoholic drinks, carbonated non-alcoholic drinks and energy shots; oat-based beverages not being milk substitutes; oat-based natural energy drinks; oat-based breakfast drinks, namely, smoothies containing oats, fruit juices containing oats and vegetable juices containing oats; oat-based fruit drink beverages; oat-based smoothie beverages; oat-based fruit and berry drinks and beverages; oat-based drinks and beverages for slimming purposes, namely, smoothies containing oats, fruit juices containing oats and vegetable juices containing oats, all for non-medical slimming purposes; energy drinks; energy drinks containing caffeine; recovery drinks in the nature of sports drinks; sports drinks; functional water-based beverages, namely, water-based sports drinks, water-based energy drinks and water-based sports recovery drinks; powders used in the preparation of fruit-based drinks and beverages; oat-based dietary supplement drink mixes (not milk substitutes); oat-based dietary supplemental drinks in the nature of vitamin and mineral beverages (not milk substitutes); powders for the preparation of beverages, namely, powders for the preparation of fruit beverages and powders for the preparation of vegetable beverages, powders used in the preparation of fruit-based drinks; powders for use in preparation of fruit based beverages
43 Provision of food and drink; cafe services and cafeteria services; cafes and cafeterias; take away food and drink services; take away cafe and cafeteria services
The mark consists of the wording "THE ORIGINAL" above "OATLY!" in which a design of an oat ear appears inside the letter "A" in the term "OATLY".
In the Statement, classes 5 and 21 have been corrected per the Restriction dated September 23, 2021, and per the fnote dated November 22, 2021.
"ORIGINAL"
The stippling is a feature of the mark and does not indicate color.
Oct 17, 2023
Limitation From The Ib Examined, No Action Is Needed
Jun 10, 2023
Restriction Of Holder's Right Of Disposal Received
Sep 22, 2022
Invalidation Reviewed - No Action Required By Office
Aug 4, 2022
Correction From The Ib Examined, No Action Is Needed
Jul 30, 2022
Partial Invalidation Of Reg Ext Protection Created
Jun 21, 2022
Correction Transaction Received From Ib
Mar 22, 2022
Correction From The Ib Examined, No Action Is Needed
Mar 7, 2022
Final Decision Transaction Processed By Ib
Mar 5, 2022
Correction Transaction Received From Ib
Feb 11, 2022
Final Disposition Notice Sent To Ib
Feb 11, 2022
Final Disposition Processed
Nov 30, 2021
Correction From Ib Entered - No Review Required
Nov 30, 2021
Correction Under Section 7 ¿ Processed
Nov 30, 2021
Final Disposition Notice Created, To Be Sent To Ib
Sep 25, 2021
Correction Transaction Received From Ib
Aug 31, 2021
Registered-Principal Register
Jun 15, 2021
Official Gazette Publication Confirmation E-Mailed
Jun 15, 2021
Published For Opposition
May 29, 2021
Change Of Name/Address Rec'd From Ib
May 26, 2021
Notification Of Notice Of Publication E-Mailed
May 10, 2021
Assigned To Lie
May 10, 2021
Approved For Pub - Principal Register
May 10, 2021
Examiner's Amendment Entered
May 10, 2021
Notification Of Examiners Amendment E-Mailed
May 10, 2021
Examiners Amendment E-Mailed
May 10, 2021
Examiners Amendment -Written
Apr 10, 2021
Teas/Email Correspondence Entered
Apr 9, 2021
Correspondence Received In Law Office
Apr 9, 2021
Teas Response To Office Action Received
Dec 12, 2020
Refusal Processed By Ib
Dec 2, 2020
Correction Sent To Ib
Dec 1, 2020
Correction Created For Ib
Nov 17, 2020
Non-Final Action Mailed - Refusal Sent To Ib
Nov 17, 2020
Refusal Processed By Mpu
Oct 27, 2020
Non-Final Action (Ib Refusal) Prepared For Review
Oct 26, 2020
Non-Final Action Written
Oct 24, 2020
Application Filing Receipt Mailed
Oct 20, 2020
Assigned To Examiner
Oct 20, 2020
New Application Office Supplied Data Entered
Oct 15, 2020
Limitation From Original Application Entered
Oct 1, 2020
Sn Assigned For Sect 66a Subseq Desig From Ib
Trademark Alertz updated from USPTO on 2030-01-24
