FINAL REFUSAL - MAILED
mailed
on 25 Nov 2024
Last Applicant/ Owned by
CH-8802 Kilchberg ZH
CH
Serial Number
79388357 filed on 05th Sep 2023
Registration Number
N/A
Correspondent Address
James L. Vana
Filing Basis
1. filing basis filed as 66 a
Disclaimer
NO DATA
LINDT
Services for providing food and beverages, cafes, cafeterias, snack bars and coffee bars and other establishments preparing food and beverages for consumption on the premises; catering services; rental of facilities and furniture for the purchase and consumption of food and beverages; information and advice relating to restaurant services and other establishments providing food and beverages for c Read More
Classification Information
Class [043]
Restaurant and Hotel Services
Services for providing food and beverages, cafes, cafeterias, snack bars and coffee bars and other establishments preparing food and beverages for consumption on the premises; catering services; rental of facilities and furniture for the purchase and consumption of food and beverages; information and advice relating to restaurant services and other establishments providing food and beverages for consumption on the premises; take-away food and beverage services
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [041]
Education and Entertainment Services
Museum services; training services in the field of chocolate making; conducting of entertainment events in the nature of live chocolate making demonstrations; educational and entertainment services, namely, conducting programs featuring cultural activities in the field of chocolate making and providing chocolate factory tours; organizing and conducting art exhibitions; provision of entertainment, namely, providing online non-downloadable digital files intended for use online in virtual environments for presenting cocoa, chocolate, chocolate products, chocolate substitutes, pastries and confectionery and candy, all of which can also be authenticated by non-fungible tokens (NTFs); provision of online non-downloadable images, also authenticated by non-fungible tokens (NFTs), depicting virtual cocoa, chocolate, chocolate products, chocolate substitutes, pastries and confectionery and candy, for use online and in online virtual environments
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [035]
Advertising, Business & Retail Services
On-line and in-person retail store services for cocoa, cocoa extracts for human food, cocoa-based ingredients for confectionery products, cocoa powder, cocoa substitutes, cocoa-based beverages, chocolate, chocolate products, chocolate substitutes, chocolate mixtures and coatings, chocolate bars, chocolate sauces, pastries and confectionery, marzipan, marzipan substitutes, chocolate candies, including chocolate candies filled with liquids, particularly wines and spirits, filled chocolate, including with wines and spirits, sugar confectionery and confectionary products, chocolate spreads, cocoa spreads, ice creams, ice cream substitutes, powder for preparing ice creams, coffee, candies, jams, cookies, including biscuits, ladyfingers, mixtures for cakes, mixtures for cookies, milk and dairy products, milk substitutes, dairy-based beverages, nut-based spreads, jewelry articles, horological and chronometric instruments, key rings and pendants in the nature of jewelry, paper and cardboard, printed matter, drawing materials, photographs, instructional or teaching material, plastic sheets, film and bags for wrapping and packaging, bags, backpacks, umbrellas, household or kitchen utensils and containers, not of precious metals or coated with precious metals, namely containers for storage of candy and chocolate, sold empty, combs and sponges, cooking brushes, glassware, porcelain and earthenware, clothing, shoes, headwear, games, toys, plush toys, gymnastics and sports articles, decorations for Christmas trees; marketing by placing products in online games or in virtual environments; retail services using software capable of reproducing virtual goods for online use and in online virtual environments, all also authenticated by non-fungible tokens (NFTs); retail services using software capable of reproducing virtual merchandise, namely, cocoa, chocolate, chocolate products, chocolate substitutes, pastry and confectionery, candies, for online use and in online virtual environments, all also authenticated by non-fungible tokens (NFTs); online retail services for physical goods; online retail services using software capable of reproducing virtual goods for online use and in online virtual environments, all also authenticated by non-fungible tokens (NFTs); online retail services with software capable of reproducing virtual merchandise, namely, cocoa, chocolate, chocolate products, chocolate substitutes, pastry and confectionery, candies for online use and in online virtual environments, all also authenticated by non-fungible tokens (NFTs); Wholesale and on-line wholesale store services for cocoa, cocoa extracts for human food, cocoa-based ingredients for confectionery products, cocoa powder, cocoa substitutes, cocoa-based beverages, chocolate, chocolate products, chocolate substitutes, chocolate mixtures and coatings, chocolate bars, chocolate sauces, pastries and confectionery, marzipan, marzipan substitutes, chocolate candies, including chocolate candies filled with liquids, particularly wines and spirits, filled chocolate, including with wines and spirits, sugar confectionery and confectionary products, chocolate spreads, cocoa spreads, ice creams, ice cream substitutes, powder for preparing ice creams, coffee, candies, jams, cookies, including biscuits, ladyfingers, mixtures for cakes, mixtures for cookies, milk and dairy products, milk substitutes, dairy-based beverages, nut-based spreads, jewelry articles, horological and chronometric instruments, key rings and pendants in the nature of jewelry, paper and cardboard, printed matter, drawing materials, photographs, instructional or teaching material, plastic sheets, film and bags for wrapping and packaging, bags, backpacks, umbrellas, Household or kitchen utensils and containers, not of precious metal or coated with precious metal, namely, containers for storage of candy and chocolate, sold empty; combs and cleaning sponges; cooking brushes; glassware; Porcelain and earthenware mugs, bowls, plates, cups, dishes, combs and sponges, cooking brushes, glassware, porcelain and earthenware, clothing, shoes, headwear, games, toys, plush toys, gymnastics and sports articles, decorations for Christmas trees; marketing by placing products in online games or in virtual environments; retail services using software capable of reproducing virtual goods for online use and in online virtual environments, all also authenticated by non-fungible tokens (NFTs); retail services using software capable of reproducing virtual merchandise, namely, cocoa, chocolate, chocolate products, chocolate substitutes, pastry and confectionery, candies, for online use and in online virtual environments, all also authenticated by non-fungible tokens (NFTs); online retail services for physical goods; online retail services using software capable of reproducing virtual goods for online use and in online virtual environments, all also authenticated by non-fungible tokens (NFTs); online retail services with software capable of reproducing virtual merchandise, namely, cocoa, chocolate, chocolate products, chocolate substitutes, pastry and confectionery, candies for online use and in online virtual environments, all also authenticated by non-fungible tokens (NFTs)
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [030]
Staple Food Products
Cocoa; cocoa extracts for human consumption; cocoa-based ingredients for confectionery products; powdered cocoa; cocoa substitutes; cocoa-based beverages; chocolate; chocolate products, namely, chocolate powder, chocolate chips, chocolate pastes, chocolate toppings, chocolate syrups, chocolate-coated nuts and fruits, chocolate decorations for cakes, chocolate mousses, pralines; substitutes of chocolate; chocolate mixtures and coatings; chocolate bars; chocolate sauces; pastry and confectionery; marzipan; marzipan substitutes; chocolate candy, including chocolate candy filled with liquids, particularly wines and spirits; filled chocolate, including with wines and spirits; candy and confectionery; chocolate spreads; cocoa spreads; ice cream; ice cream substitutes; powder for preparing ice creams; coffee; candy; cookies, including biscuits; sponge fingers; cake mixes; cookie mixes
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [029]
Meats and Processed Food Products
Milk and dairy products, namely, milk, buttermilk, cheese, butter, yogurt, quark, cream, sour cream, crème fraiche, whey; dairy substitutes, namely, coconut milk, peanut milk, almond milk, oak milk, soya milk
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [028]
Toys and Sporting Goods Products
Games, namely, board games, computer games, puzzle games; gymnastic and sporting articles, namely, sport balls and gymnastic apparatus; decorations for Christmas trees, namely, tinsel
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [025]
Clothing Products
Clothing, namely, t-shirts, polo shirts, shirts, pullovers, shorts, pants, jackets, dresses, skirts, socks; shoes; headwear
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [021]
Houseware and Glass Products
Household or kitchen utensils and containers, not of precious metal or coated with precious metal, namely, containers for storage of candy and chocolate, sold empty; combs and cleaning sponges; cooking brushes; glassware; Porcelain and earthenware mugs, bowls, plates, cups, dishes
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [018]
Leather Products (not including clothing)
Textile shopping bags; shoulder bags; school bags; handbags; duffle bags; backpacks; umbrellas
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [016]
Paper Goods and Printed Material
Paper and cardboard; printed matter, namely, books, brochures, magazines and pamphlets in the fields of food, entertainment and culture; drawing material, namely, ink, pencils, pens and drawing paper; printed photographs; printed instructional or teaching material in the field of chocolate; plastic sheets, films and bags for wrapping and packaging
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [014]
Jewelry Products
Jewelery, horological and chronometric instruments; key rings and pendants in the nature of jewelry
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [009]
Computer & Software Products & Electrical & Scientific Products
Downloadable digital image files authenticated by non-fungible tokens [NFTs]; downloadable virtual goods, namely, computer programs featuring digital art, digital assets, and digital collectibles for use online and in online virtual worlds, all also authenticated by non-fungible tokens (NFTs); downloadable computer programs for creating virtual merchandise, namely, cocoa, chocolate, chocolate products, chocolate substitutes, pastry and confectionery, candies, for use online and in online virtual environments, all also authenticated by non-fungible tokens (NFTs); downloadable computer programs for interactive games for use on a global computer network and over wireless networks and electronic apparatus; downloadable computer programs for participating in social networks and interacting with online communities; downloadable computer programs enabling access to and streaming of multimedia entertainment content; downloadable computer programs enabling access to an online virtual environment; downloadable computer programs enabling the creation, production and modifying of animated or non-animated digital graphic prints and characters, avatars, layers and digital skins for accessing online environments, online virtual environments and augmented reality virtual environments; downloadable computer programs for creating, producing and modifying animated and non-animated graphic prints of cocoa, chocolate, chocolate products, chocolate substitutes, pastry and confectionery, candies, as well as digital characters, avatars, layers and skins for access and use in online environments, online virtual environments, and augmented reality virtual environments
First Use Date in General
N/A
First Use Date in Commerce
N/A
Mark Details
Serial Number
No 79388357
Mark Type
No Service Mark
Attorney Docket Number
No 142174287218
44D Filed
No
44D Current
No
44E filed
No
44E Current
No
66A Filed
Yes
66A Current
Yes
Current Basis
No
No Basis
No
Legal History
| Status Date | Action Taken |
|---|---|
| 25th Nov 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| 25th Nov 2024 | FINAL REFUSAL E-MAILED |
| 25th Nov 2024 | FINAL REFUSAL WRITTEN |
| 28th Oct 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 28th Oct 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 28th Oct 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 27th Jul 2024 | NEW REPRESENTATIVE AT IB RECEIVED |
| 13th Jun 2024 | REFUSAL PROCESSED BY IB |
| 22nd May 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| 22nd May 2024 | REFUSAL PROCESSED BY MPU |