FINAL REFUSAL - MAILED
mailed
on 07 Aug 2024
Last Applicant/ Owned by
Airport West VIC 3042
AU
Serial Number
79374738 filed on 25th May 2023
Registration Number
N/A
Correspondent Address
Amanda G. Hyland
Filing Basis
1. filing basis filed as 66 a
Disclaimer
NO DATA
Logo Mark Trademark Information
Non-alcoholic carbonated beverages; water beverages, mineral water, sparkling water, soft drinks, fruit drinks and fruit juices, non-alcoholic sparkling fruit juice based beverages, and non-alcoholic soda beverages flavored with tea; liquid and powdered beverage mixes, namely, mixes for making non-alcoholic corn-based beverages; syrups for making non-alcoholic fruit-flavored beverages; syrups for Read More
Classification Information
Class [043]
Restaurant and Hotel Services
Providing of food and drinks; restaurant, cafe, cafeteria, snack bar, coffee bar and coffee house, carry-out restaurant, and take-out restaurant services; catering services; coffee supply services for offices; contract food services; food preparation; preparation of carry-out foods and beverages; carry-out food and drink services being the provision of food and drink; consultancy, advisory and information services in relation to the provision of food and drink
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [035]
Advertising, Business & Retail Services
Retail store and wholesale store services, including these services online, featuring coffee; retail store and wholesale store services, including these services online, featuring milk, coffee, tea, cocoa, coffee beans, coffee pods, coffee mixtures, coffee extracts, coffee flavourings, coffee essences, coffee oils, tea-based or cocoa-based drinks, beverages consisting principally of coffee, beverages made from coffee, beverages with coffee base, aerated beverages with coffee, cocoa or chocolate base, coffee products, preparations for making coffee based beverages, coffee substitutes, vegetable preparations for use as coffee substitutes, mixtures of chicory for use as coffee substitutes, mixtures of coffee essences and coffee extracts, tea products, aromatic teas, artificial tea, fruit flavoured tea, fruit flavoured infusions, herbal tea, herbal infusions, instant tea, instant infusions, packaged tea, packaged infusions, preparations for making beverages, tea-based beverages, beverages made of tea, tea essence, tisanes made of tea, kettles, coffee makers, espresso makers and coffee grinders, housewares, hand-operated coffee grinders and coffee mills, insulated coffee and beverage cups made of metal, plastics and ceramics, collapsible cup carriers and caddies, non-paper coasters, insulated vacuum bottles, coffee cups, tea cups and mugs, glassware, dishes, plates and bowls, trivets, storage containers, non-electric drip coffee makers and non-electric plunger-style coffee makers, paper and non-paper coffee filters; online ordering services in the field of restaurant take-out and delivery; advertising; online promotion on a computer network being sales promotion services; business management; business administration; franchising, namely, providing business management assistance in the establishment and operation of restaurants, cafes, coffee houses and snack bars
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [032]
Light Beverage Products
Non-alcoholic carbonated beverages; water beverages, mineral water, sparkling water, soft drinks, fruit drinks and fruit juices, non-alcoholic sparkling fruit juice based beverages, and non-alcoholic soda beverages flavored with tea; liquid and powdered beverage mixes, namely, mixes for making non-alcoholic corn-based beverages; syrups for making non-alcoholic fruit-flavored beverages; syrups for making whey-based beverages
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [030]
Staple Food Products
Coffee; coffee beans; unroasted coffee beans; coffee based beverages; coffee capsules, filled; coffee extracts; coffee essences; coffee flavorings being flavorings for beverages, other than essential oils; extracts of coffee for use as flavours in beverages being flavorings for beverages, other than essential oils; extracts of coffee for use as flavours in foodstuffs being food flavorings, other than essential oils; instant coffee; instant powder for making flavoured coffee-based, tea-based or cocoa-based drinks, namely, powdered coffee, cocoa, and tea; coffee mixtures for use as coffee substitutes; coffee oils being food flavorings being non-essential oils; coffee pods, filled; chocolate coffee in the nature of coffee; malt coffee in the nature of coffee; malt coffee extracts in the nature of coffee extracts; flavoured coffee; green coffee; unroasted coffee; ground coffee; freeze-dried coffee; beverages consisting principally of coffee; beverages based from coffee; beverages with coffee base; aerated beverages, being coffee, cocoa and chocolate based beverages; coffee products being coffee; preparations for making coffee based beverages; coffee substitutes; vegetable preparations for use as coffee substitutes; mixtures of chicory for use as coffee substitutes; mixtures of coffee essences and coffee extracts for use as coffee substitutes; tea; tea products being non-medicated tea; aromatic teas, other than for medicinal use; tea flavoured, flavoured teas using natural or natural identical flavoring being tea-based beverages; artificial tea, other than for medicinal use; fruit flavoured, tea other than for medicinal use; fruit flavoured herbal infusions, other than for medicinal use; herbal tea, other than for medicinal use; herbal infusions, other than for medicinal use; instant tea, other than for medicinal use; instant herbal infusions, other than for medicinal use; packaged tea, other than for medicinal use; packaged herbal infusions; herbal infusions, other than for medicinal use; preparations for making tea-based beverages; tea-based beverages; beverages made of tea; tea essence, non-medicated, being tea extracts; tisanes made of tea, non-medicated
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [029]
Meats and Processed Food Products
Dairy products being dairy-based spreads; dairy-based products being dairy based spreads; milk; milk products excluding ice cream, ice milk and frozen yogurt; milk based products excluding ice cream, ice milk and frozen yogurt; milk beverages, milk predominating, in particular blended iced coffee flavoured milk beverages; flavoured milk beverages, milk predominating
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [040]
Treatment & Processing of Materials Services
Coffee roasting; coffee grinding
First Use Date in General
N/A
First Use Date in Commerce
N/A
Mark Details
Serial Number
No 79374738
Mark Type
No Service Mark
Attorney Docket Number
No D8356-3160
44D Filed
No
44D Current
No
44E filed
No
44E Current
No
66A Filed
Yes
66A Current
Yes
Current Basis
No
No Basis
No
Design Code(s)
02.03.22 -
Heads, portraits or busts of women in profile
05.03.08 -
More than one leaf, including scattered leaves, bunches of leaves not attached to branches
05.03.10 -
Other branches with leaves, with or without fruit
Legal History
| Status Date | Action Taken |
|---|---|
| 01st Oct 2024 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| 01st Oct 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 01st Oct 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 07th Aug 2024 | FINAL REFUSAL E-MAILED |
| 07th Aug 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| 07th Aug 2024 | FINAL REFUSAL WRITTEN |
| 28th Jun 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 28th Jun 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 28th Jun 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 17th May 2024 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |