NON-FINAL ACTION - MAILED
final action
on 04 Oct 2024
Last Applicant/ Owned by
287-293 Durham Street North Christchurch 8013
NZ
Serial Number
79395646 filed on 15th Mar 2024
Registration Number
N/A
Filing Basis
1. filing basis filed as 66 a
Disclaimer
NO DATA
RE
Non-alcoholic beverages, namely, lemonades, soda pops, aerated water; non-alcoholic carbonated beverages; soft drinks; whey beverages; fruit juices; isotonic beverages; non-alcoholic preparations for making beverages, namely, syrups for making energy drinks, concentrates for making soft drinks, scented water for making beverages; non-alcoholic fruit juice beverages; mineral water; smoothies; drink Read More
Classification Information
Class [005]
Pharmaceutical Products
Pharmaceuticals; pharmaceutical preparations; veterinary preparations; probiotic preparations; bacterial preparations for medical use; biological preparations for medical use; bacterial preparations for nutritional purposes; biological preparations for nutritional purposes; cultures of micro-organisms for medical and veterinary use; dietetic foods adapted for medical use; dietetic substances adapted for medical use; dietetic beverages adapted for medical use; meal replacements adapted for medical use; dietetic foods adapted for veterinary use; dietetic substances adapted for veterinary use; dietetic beverages adapted for veterinary use; food for babies; food for infants; milk powder for babies; milk powder for infants; dietary supplements; protein dietary supplements; protein supplements for animals; casein dietary supplements; dietary supplements for humans; dietary supplements for animals; vitamins for human consumption; vitamin formulations for human consumption; mineral supplements; mineral supplements for foodstuffs; dietary supplements intended to supplement a normal diet; dietary supplements intended to have health benefits; nutritional additives; nutritional supplements for animals; nutritional cultures (cultures of micro-organisms for medical and veterinary use); probiotic cultures; probiotic substances; sanitary preparations for medical purposes; probiotic preparations for veterinary use; dietetic foods adapted for animal use; dietetic substances adapted for animal use; dietetic beverages adapted for animal use; vitamins for animal consumption; vitamin formulations for animal consumption; feed additives for animals; probiotic cultures for veterinary use; probiotic substances for veterinary use; bacterial cultures; bacteriological preparations for medical and veterinary use; bacterial preparations for medical and veterinary use; vitamin preparations; albuminous preparations for medical purposes; food preparations adapted for medical purposes; food preparations adapted for medical use; lacteal flour; milk sugar (lactose for pharmaceutical purposes); lactose for pharmaceutical purposes; lacteal flour for babies; malted milk beverages for medical purposes; albuminous foodstuffs for medical purposes; nutritional additives for medical purposes; biological preparations for veterinary purposes; amino acids for veterinary purposes; teething (preparations to facilitate); fungicides; weedkillers; herbicides; germicides; soil-sterilizing preparations; pesticides; pest control preparations and articles in this class; insecticides; parasiticides; non-medicated mineral and vitamin based food, fodder, dietary and nutritional additives; hygienic preparations and articles; disinfectants and antiseptics; deodorizers and air purifying preparations; anti-parasitic collars for animals; animal washes; cattle washes; dog lotions; dog washes; douching preparations for medical purposes; enzyme preparations for medical purposes; enzyme preparations for veterinary purposes; milking grease; animal semen for artificial insemination; pharmaceuticals for animals; natural remedies for animals, namely herbal medicine for animals; milk ferments for pharmaceutical purposes.
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [035]
Advertising, Business & Retail Services
Business management services for farms; business management; trade show management services; advertising services for promoting public awareness about the environment and sustainable farming practices; organizing, promoting, arranging and conducting special events, exhibitions, and trade shows for commercial, promotional or advertising purposes; retail services in relation to agricultural, horticultural and farming products and equipment, live animals, animal health products, animal nutrition products, animal equipment, dairy supplies, dairy hygiene supplies, farm shed supplies, calving feeders, animal hardware, animal first aid products, animal markers, animal drenches, fence and gate equipment, timber, weighing equipment, animal housing, animal eartags, chemicals, fertilisers, pesticides, insecticides, animal feed, veterinary products, hand tools, power tools, electrical equipment, lights, sanitary equipment, refrigerators, dryers, ventilators, cookers, heaters, batteries, torches, safety equipment, paint, ropes, chains, irrigation equipment, drainage and effluent equipment, tanks, pumps, troughs, water reticulation supplies and products, fuel (petrol and diesel), oils and lubricants, crop seeds, hardware, building materials, garden products, household supplies, food and beverages, clothing, footwear, headgear, protective clothing, protective footwear, protective headgear and eyewear, farm machinery, farm spray machinery, vehicles, farm vehicles, trailers, generators, feed storage equipment, and parts, fittings and accessories for all of the aforesaid goods; business management, advisory and organisation services in relation to agriculture, horticulture and farming; business evaluation services in relation to agriculture, horticulture and farming; advertising services to promote public awareness in the fields of farming, sustainability and nutrition by means of public advocacy; providing marketing advice and logistics management to foodservice operators with respect to advertising and promotions of recipes for use in restaurants, cafeterias and institutional foodservice operations; assistance, advisory services and consultancy with regard to business analysis and business organization relating to the marketing, sales, distribution and development of products in the food industry; all of the foregoing also provided online and via the Internet; information, advisory and consultancy services in relation to the aforesaid.
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [032]
Light Beverage Products
Non-alcoholic beverages, namely, lemonades, soda pops, aerated water; non-alcoholic carbonated beverages; soft drinks; whey beverages; fruit juices; isotonic beverages; non-alcoholic preparations for making beverages, namely, syrups for making energy drinks, concentrates for making soft drinks, scented water for making beverages; non-alcoholic fruit juice beverages; mineral water; smoothies; drinking waters; non-alcoholic cordials; syrups for beverages, namely, syrups for making soft drinks, syrups for lemonade, syrups for making whey-based beverages; concentrates, syrups and powders used in the preparation of soft drinks; non-alcoholic cocktail mixes; non-alcoholic essences for making non-alcoholic beverages; non-alcoholic fruit extracts used in the preparation of beverages; concentrates for making fruit beverages; powders used in the preparation of sports drinks; ready to drink beverages, being nutritionally fortified beverages in the nature of sports and energy drinks; smoothie mixes; ready to mix beverage powders and gels used in the preparation of sports and energy drinks; powders for making flavoured beverages, namely, fruit-flavoured beverages, tea-flavoured beverages, flavoured mineral waters; non-alcoholic herbal-based beverages, namely, herbal juices; frozen fruit juices.
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [030]
Staple Food Products
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry, biscuits, cakes and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; frozen yoghurt; frozen yoghurt confections; frozen yoghurt mixes; frozen-yoghurt-based snack foods; puddings; chocolate desserts; ice cream desserts; ice cream; edible ices; sherbets; edible fruit ices; sorbet; frozen confections; custard; processed semolina; sauces and condiments, namely, ketchup, mustard, chutneys; confectionery, namely, chocolate, candy and liquorice; malt for human consumption, namely, for food purposes; salad dressings; breakfast cereals; cereal bars; and other cereal-derived food products to be used as a breakfast food, snack food or ingredient for making food; frozen meals consisting primarily of pasta, rice or grains, eggs, milk and milk products; ready-to-eat cereal foods including those made from wheat, rye, barley, maize, oats and rice; toaster pastries; waffles; pancakes; flavourings; baked goods.
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [029]
Meats and Processed Food Products
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; preserves, jellies and jams; edible oils and fats; butter; cheese; yoghurt; cream; sour cream; cream cheese; bases for making milk shakes; beverages having a milk base; dairy-based beverages; dairy-based powders for making dairy-based food beverages and shakes; milk-based beverages containing milk concentrates, vegetable oil and added nutrients; milk-based energy drinks; shakes; soy-based food beverage used as a milk substitute; plant and vegetable based milk substitutes; fruit leathers; fruit-based snack foods; fruit puree-based snack foods; soy-based snack bars; soy-based meal replacement bars; potato crisps and chips; potato-based snack foods; vegetable-based snack foods; fruit-based snack foods; nut-based snack foods; trail mix consisting primarily of processed nuts, seeds, dried fruit and also including chocolate; bean chips made in whole or substantial part of beans; bean-based snack foods; fruit-based snack foods; trail mix bars consisting primarily of processed nuts, seeds, dried fruit and also including chocolate; nut and seed-based snack bars; fruit and vegetable-based food bars; frozen meals consisting primarily of egg, meat, vegetables, or cheese; frozen meals consisting primarily of vegetables; frozen meals consisting primarily of meat, fish, poultry, or vegetables; vegetable food products namely, vegetable based meat and egg substitutes; frozen prepackaged meals consisting of vegetable based food products.
First Use Date in General
N/A
First Use Date in Commerce
N/A
Mark Details
Serial Number
No 79395646
Mark Type
No Service Mark
Attorney Docket Number
No
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 |
|---|---|
| 26th Oct 2024 | REFUSAL PROCESSED BY IB |
| 04th Oct 2024 | REFUSAL PROCESSED BY MPU |
| 04th Oct 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| 30th Sep 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| 29th Sep 2024 | NON-FINAL ACTION WRITTEN |
| 25th Sep 2024 | ASSIGNED TO EXAMINER |
| 22nd May 2024 | APPLICATION FILING RECEIPT MAILED |
| 22nd May 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| 16th May 2024 | SN ASSIGNED FOR SECT 66A APPL FROM IB |