Triangles containing representations of animals or parts of animals' bodies or plantsTriangles contenant la représentation d'animaux, ou de parties du corps d'un animal ou de végétaux

26 . 3 . 24

Triangles with dark surfaces or parts of surfacesTriangles avec surface ou partie de la surface foncée

26 . 3 . 26

Triangles with cutout areasTriangles avec des zones découpées

27 . 1 . 1

Letters or numerals forming geometrical figures, written or typographical matter in perspectiveLettres ou chiffres formant des figures géométriques, inscriptions en perspective

27 . 1 . 5

Letters or numerals forming a triangle (surface or periphery)Lettres ou chiffres formant un triangle (surface ou pourtour)

27 . 1 . 6

Letters or numerals forming a circle or a circumferenceLettres ou chiffres formant un cercle ou une circonférence

27 . 5 . 1

Letters presenting a special form of writingLettres présentant un graphisme spécial

27 . 5 . 8

Letters linked to or containing a figurative element -- Note: Letters representing a human being or a part of the human body, an animal or a part of an animal's body, a plant, a heavenly body, a natural phenomenon or an object are classified in division 27.3.Lettres liées à un élément figuratif ou contenant un élément figuratif -- Note: Les lettres représentant un être humain ou une partie du corps humain, un animal ou une partie du corps d'un animal, un végétal, un corps céleste, un phénomène naturel ou un objet sont classées dans la division 27.3.

Trademark usage description

dietary supplements for general health and well-being; dietic substances consisting of vitamins, minerals, amino acids and trace elements; vitamin and Read More

Classification Information

Class [005]
Dietary supplements for general health and well-being; dietic substances consisting of vitamins, minerals, amino acids and trace elements; vitamin and mineral food supplements and vitamin and mineral dietary food supplements; nutritional supplements for general health and well-being containing oats and extracts of oats; dietary fibre as a food additive; oat-based food supplements and oat-based dietary supplements for general health and well-being and for promoting weight loss; oat-based nutritional supplements for general health and well-being and for promoting weight loss; dietary supplement drink mixes containing oats and extracts of oats; oat-based dietary supplemental drinks in the nature of vitamin and mineral beverages [nutritional supplements]; food for babies; functional foods, functional health foods and nutraceuticals for therapeutic purposes and for use as nutritional supplements and dietary supplements all used for promoting general health and well-being; oat-based functional foods for therapeutic purposes and for use as nutritional supplements and dietary supplements for the treatment of vitamin deficiency, for use in promoting general health and well-being, promoting weight loss and assisting digestion; functional foods for slimming purposes; functional beverages for slimming purposes; 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 nutraceuticals for therapeutic purposes and for use as nutritional supplements and dietary supplements for the treatment of vitamin deficiency, for use in promoting general health and well-being, promoting weight loss and assisting digestion; oat-based dietary supplemental drinks in the nature of vitamin and mineral beverages [not milk substitutes]

Classification kind code

Class [008]
Cutlery; forks, namely, dessert forks, forks being cutlery; knives, namely, bread knives, cake knives, carpet knives; spoons; tea spoons; dessert spoons; soup spoons; steak knives; fish knives; salad fork; pastry forks

Classification kind code

Class [009]
Digital audio tape players; digital audio players; cd players; portable multimedia players, namely, MP3 players; portable music players; software to detect coffee shop locations and other retail store locations; software for online messaging and marketing in the field of coffee shops and other retail store locations; software to detect coffee shop locations and other retail store locations for websites and webhosting; eyewear, namely, sports glasses; eyewear cases; glasses, namely, eyeglasses, sun glasses and contact lenses; frames for glasses, namely, frames for eyeglasses, frames for sunglasses; application software (apps) for cloud computing services, for application and database integration, for social networking services and streaming movies, television shows, and music via internet, for playing games and for enhancing the audio-visual capabilities of multimedia applications, all for smart phones, mobile phones, tablet computers, smart watches, TV and smart TV; mobile apps for cloud computing services, for application and database integration, for social networking services and streaming movies, television shows, and music via internet, for playing games and for enhancing the audio-visual capabilities of multimedia applications, all for smart phones, mobile phones, tablet computers and smart watches; downloadable software, namely, game software; downloadable computer programs to detect coffee shop locations and other retail store locations; downloadable digital recipes and collections of recipes in electronic format

Classification kind code

Class [014]
Key rings; cuff links; tie pins; tie clips; ornaments, figurines and statuettes made of precious metal or coated therewith; watches; clocks; jewelry; precious stones; timepieces; watch buckles, watch strap buckles; watch straps; Precious metals and their alloys

Classification kind code

Class [016]
Bumper stickers; cards; calendars; greeting cards; printed recipe cards; printed recipes sold as a component of food packaging; posters; pens; photographs; recipe books; stickers; prints, namely, art prints, photographic prints; adhesive stickers; magazines; Books

Classification kind code

Class [018]
Attaché cases; briefcase-type portfolios; suitcases; suit bags; purses; credit card holders; backpacks; key cases; coin holders; trunks and travelling bags; cosmetic bags; toilet bags, and bags for shaving kits; bags, namely, all-purpose carrying bags; duffle bags, tote bags; handbags; wallets; billfolds; change purses; luggage; overnight cases; umbrellas and parasols; walking sticks; Briefcases

Classification kind code

Class [021]
Drinking glasses, drinking vessels and barware, namely, highball glasses, hatch glasses, namely, 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 mugs; bowls; Tableware, namely, tea services, coffee services, coffee scoops, ice scoops and drink coasters, not of paper or textile; cookware; household and kitchen food and beverage storage containers made of plastic; household and kitchen food and beverage storage containers made out of glass; household and kitchen food and beverage storage containers made out of metal; household and kitchen food and beverage storage containers made out of paper; household and kitchen storage food and beverage containers made out of cardboard

Classification kind code

Class [025]
Clothing, footwear and headwear for women, men, boys and girls, namely, jump suits, shirts, blouses, jackets, bathing suits; clothing, footwear and headwear for women, men, boys and girls, namely, pants, belts, shorts; clothing, footwear and headwear for women, men, boys and girls, namely, warm-up suits, sweatpants and sweatshirts, walking shorts; clothing, footwear and headwear for women, men, boys and girls, namely, jeans, suits, dinner jackets and formal wear, sports jackets; clothing, footwear and headwear for women, men, boys and girls, namely, knitted tops, ties and other neckwear, namely bow ties, bolo ties; clothing, footwear and headwear for women, men, boys and girls, namely, stockings, tights; clothing, footwear and headwear for women, men, boys and girls, namely, hats, caps, scarves, shawls, coats, outer coats, vests, sweaters; clothing, footwear and headwear for women, men, boys and girls, namely, rainwear, rain coats, ponchos, tank tops, camisoles; tennis and golf apparel, namely, dresses, tops, skirts, pants, and shorts; biking and running and yoga apparel, namely, tops, tank tops, skirts, pants, short pants, shorts and jackets; footwear, namely, shoes, active sport shoes, sneakers, boots, slippers; blazers, pants, capes, socks, gloves; underwear; underwear, sleepwear and loungewear for men and boys, namely, briefs, boxer shorts; underwear, sleepwear and loungewear for men and boys, namely, athletic underwear, sport knit shirts; underwear, sleepwear and loungewear for men and boys, namely, t-shirts, tank tops, undershirts, basic underwear; underwear, sleepwear and loungewear for men and boys, namely, robes, knitted and woven sleepwear, sleep shirts, pajama tops, pajama bottoms; underwear, sleepwear and loungewear for men and boys, namely, breakfast jackets, smoking jackets, bed jackets, cover-ups; knitted and woven loungewear, lounging pants, and tops, lounge jackets; intimate apparel and bodywear for women and girls, namely, underwear, sleepwear and loungewear; belts; belts [clothing]; clothing, footwear and headwear for women, men, boys and girls, namely, dresses, skirts, t-shirts, beach and swimming cover-ups

Classification kind code

Class [029]
Dairy product substitutes namely cream substitutes, cream substitutes containing oats, yogurt substitutes and yogurt substitutes containing oats; plant based milk substitutes; milk substitutes containing oats; oat milk [milk substitute]; oat-based beverages and drinks for use as a milk substitute; milk substitute plant based beverages and drinks [plant based milk substitute predominating]; almond milk, almond milk-based beverages; coconut milk, coconut milk-based beverages; hemp milk used as milk substitute; peanut milk, peanut milk-based beverages; rice milk, rice milk for use as milk substitute; soya milk, soya bean milk, soya milk [milk substitute]; functional oat milk 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 fraiche substitutes; cream substitutes containing oat; crème fraiche 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; dairy substitutes cheese products; dairy substitutes cheese mixtures; dairy substitutes cheese powder; 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; vegetable powders; coconut milk powder; compotes, fruit and vegetable spreads; processed fruit, namely, frozen fruit, dried fruit, canned fruit and candied fruit, fruit snacks; fruit chips; fruit-based snack foods; fruit juices for cooking; vegetable juices for cooking; vegetable juice concentrates for food; oat-based and vegetable based dairy substitute products for slimming purposes; oat-based dietary supplemental drinks in the nature of vitamin and mineral beverages [milk substitutes]; soup powders; Dairy substitutes namely, artificial cream, hazelnut milk, soy milk, coconut oil for food, coconut butter

Classification kind code

Class [030]
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; wholeweat bread and crisps; biscuits; pastry and confectionery made of sugar; oat-based cake mixes, oat-based biscuit mixes; coffee; decaffeinated coffee; instant coffee; coffee (roasted, in powder form); artificial coffee; coffee drinks and beverages; coffee-based drinks and beverages; coffee-based drinks and beverages containing milk substitutes; pancakes; waffles; cereals flakes; 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; Food dressings in the nature of sauces, namely, cooking meal preparation sauces for combination with other cooked ingredients to yield completed food dishes; pasta sauces and savoury sauces used as condiments, namely chutneys, ketchup, mustard, relish, horseradish, hot sauce, chilli sauce, mayonnaise, aioli, white sauce, barbecue sauce, bearnaise sauce, hollandaise sauce, remoulade and dipping sauce; cooking sauces, namely, plant-based sauces; prepared foodstuffs in the form of sauces namely, meal preparation sauces for combination with other cooked ingredients to yield completed food dishes, salad dressings, pasta sauces and savoury sauces used as condiments, namely chutneys, ketchup, mustard, relish, horseradish, hot sauce, chilli sauce, mayonnaise, aioli, white sauce, barbecue sauce, bearnaise sauce, hollandaise sauce, remoulade and dipping sauce; 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; soy-based ice cream; milk substitutes frozen yoghurt; non-dairy frozen yoghurt; fermented foodstuffs based on oats, namely, oat-based soy sauce; acidified food-stuffs based on oats, namely, meals consisting primarily of acidified oats; oat-based grains and cereals products for slimming purposes; grain-based products for slimming purposes; oat-based food spread; oatmeal, rolled oats; cereals, namely, oat bran cereals, processed cereals, namely, breakfast cereals; food preparations and foodstuffs made from cereals, namely, oat bran cereals, processed cereals, namely, breakfast cereals; crisps made of cereals; breakfast cereals; breakfast cereals containing fibre; breakfast cereals containing a mixture of fruit and fibre; Flour, oat-based food and foodstuffs, namely oatmeal, oat flakes

Classification kind code

Class [032]
Non-alcoholic beverages, namely, non-alcoholic malt syrup-based beverages, non-alcoholic malt powder-based beverages, non-alcoholic fruit-based beverages, non-alcoholic water-based beverages, soft drinks and carbonated water beverages, non-alcoholic beverages containing fruit juices, non-alcoholic beverages flavored with coffee, non-alcoholic beverages flavored with tea; non-alcoholic drinks, namely, isotonic non-alcoholic drinks, carbonated non-alcoholic drinks and energy shots; oat-based beverages; oat-based natural energy drinks; oat-based breakfast drinks; 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; energy drinks; energy drinks containing caffeine; recovery drinks; sports drinks; functional beverages, namely, sports drinks containing electrolytes, nutrified fruit drinks; functional water-based beverages, namely, water-based sports drinks, water-based energy drinks and water-based sports recovery drinks; nut and soy based beverages; powders for the preparation of beverages, namely, powders used in the preparation of fruit-based drinks and beverages and powders for the preparation for vegetable beverages; powders for the preparation of beverages, namely, powders used in the preparation of soft drinks; powders for use in preparation of fruit based beverages; Preparations for making beverages, namely, preparations for making fruit beverages, fruit-based and fruit-flavored beverages, vegetable juices, smoothies, soya-based beverages not being milk substitutes, whey beverages, isotonic beverages and sports beverages

Classification kind code

Class [035]
Retail services in relation to food and foodstuffs, beverages and drinks, food supplements and dietary food supplements, dietary supplements and dietic preparations; retail services in relation to functional foods, functional health foods and functional beverages, slimming nutritional supplement food and beverages; retail services in relation to dairy substitutes and dairy product substitutes, processed grains, oats and oat-based products; retail services in relation to books, bumper stickers, cards, calendars, printed recipe cards, printed matter, posters, pens, photographs, recipe books, stickers, prints, adhesive stickers, magazines; retail services in relation to apparatus for recording, transmission or reproduction of sound and images, namely, digital audio tape players, digital audio players, cd players, portable multimedia players, namely, MP3 players, portable music players; retail services in relation to gloves, belts, wallets, hand bags, cases and bags; retail services in relation to software, eyewear, clothing, footwear, headwear; retail services in relation to precious metals, key rings, cuff links, tie pins, tie clips, clocks, watches, jewelry and precious stones; online retail services relating to food and foodstuffs, beverages and drinks, food supplements and dietary food supplements, dietary supplements and dietic preparations; online retail services relating to functional foods, functional health foods and functional beverages, slimming nutritional supplement food and beverages; online retail services relating to dairy substitutes and dairy product substitutes, processed grains, oats and oat-based products; online retail services relating to apparatus for recording, transmission or reproduction of sound and images, namely, digital audio tape players, digital audio players, cd players, portable multimedia players, namely, MP3 players, portable music players; online retail services relating to gloves, belts, wallets, hand bags, cases and bags; online retail services relating to software, eyewear, clothing, footwear, headwear; online retail services relating to precious metals, key rings, cuff links, tie pins, tie clips, clocks, watches, jewelry and precious stones; Business management of wholesale and retail outlets

Classification kind code

Class [039]
Packaging and storage of food and beverages; freight transportation by boat, rail and truck and delivery of goods

Classification kind code

Class [041]
Dietary education services; providing of training in the field of personal health care and nutrition; provision of instruction relating to nutrition; instruction in nutrition [not medical] and instruction in diet [not medical]; training related to nutrition and diet; Education services relating to nutrition

Classification kind code

Class [043]
Café services and cafeteria services; cafés and cafeterias; take away food and drink services; take away café and cafeteria services; Provision of food and drink, namely, catering for the provision of food and beverages

Classification kind code

Class [044]
Health counselling, namely, public health counselling, dietary health counselling; nutritional advice; nutritional advisory services; food nutrition consultation; providing nutritional information about food; Dietary and nutritional guidance

Classification kind code

Mark Details

Serial Number

2109665

Mark Type

Trademark

Legal History

Action Taken	Status
Submitted for opposition 22 on 25^th Jan 2022	Search Recorded
Submitted for opposition 20 on 25^th Jan 2022	Examiner's First Report
Submitted for opposition 223 on 25^th Jan 2022	Total Provisional Refusal
Submitted for opposition 257 on 27^th May 2021	Designation Notification - Madrid Protocol
Submitted for opposition 135 on 27^th May 2021	Amendment to Application
Submitted for opposition 1 on 26^th May 2021	Created
Submitted for opposition 31 on 26^th May 2021	Formalized
Submitted for opposition 210 on 03^rd May 2021	IR Correction
Submitted for opposition 30 on 11^th May 2020	Filed
Submitted for opposition 228 on 20^th Dec 2019	International Registration

THE ORIGINAL OAT-LY!

Classification Information

Classification kind code

Class [008]Cutlery; forks, namely, dessert forks, forks being cutlery; knives, namely, bread knives, cake knives, carpet knives; spoons; tea spoons; dessert spoons; soup spoons; steak knives; fish knives; salad fork; pastry forks

Classification kind code

Classification kind code

Class [014]Key rings; cuff links; tie pins; tie clips; ornaments, figurines and statuettes made of precious metal or coated therewith; watches; clocks; jewelry; precious stones; timepieces; watch buckles, watch strap buckles; watch straps; Precious metals and their alloys

Classification kind code

Class [016]Bumper stickers; cards; calendars; greeting cards; printed recipe cards; printed recipes sold as a component of food packaging; posters; pens; photographs; recipe books; stickers; prints, namely, art prints, photographic prints; adhesive stickers; magazines; Books

Classification kind code

Classification kind code

Classification kind code

Classification kind code

Classification kind code

Classification kind code

Classification kind code

Classification kind code

Class [039]Packaging and storage of food and beverages; freight transportation by boat, rail and truck and delivery of goods

Classification kind code

Classification kind code

Class [043]Café services and cafeteria services; cafés and cafeterias; take away food and drink services; take away café and cafeteria services; Provision of food and drink, namely, catering for the provision of food and beverages

Classification kind code

Class [044]Health counselling, namely, public health counselling, dietary health counselling; nutritional advice; nutritional advisory services; food nutrition consultation; providing nutritional information about food; Dietary and nutritional guidance

Classification kind code

Mark Details

Serial Number

Mark Type

Legal History

Class [008]
Cutlery; forks, namely, dessert forks, forks being cutlery; knives, namely, bread knives, cake knives, carpet knives; spoons; tea spoons; dessert spoons; soup spoons; steak knives; fish knives; salad fork; pastry forks

Class [014]
Key rings; cuff links; tie pins; tie clips; ornaments, figurines and statuettes made of precious metal or coated therewith; watches; clocks; jewelry; precious stones; timepieces; watch buckles, watch strap buckles; watch straps; Precious metals and their alloys

Class [016]
Bumper stickers; cards; calendars; greeting cards; printed recipe cards; printed recipes sold as a component of food packaging; posters; pens; photographs; recipe books; stickers; prints, namely, art prints, photographic prints; adhesive stickers; magazines; Books

Class [039]
Packaging and storage of food and beverages; freight transportation by boat, rail and truck and delivery of goods

Class [043]
Café services and cafeteria services; cafés and cafeterias; take away food and drink services; take away café and cafeteria services; Provision of food and drink, namely, catering for the provision of food and beverages

Class [044]
Health counselling, namely, public health counselling, dietary health counselling; nutritional advice; nutritional advisory services; food nutrition consultation; providing nutritional information about food; Dietary and nutritional guidance