SUMMER KIWI - Trademark Details
Status: 709 - Registration cancelled because registrant did not file an acceptable declaration under Section 71
Serial Number
79011832
Registration Number
3109543
Word Mark
SUMMER KIWI
Status
709 - Registration cancelled because registrant did not file an acceptable declaration under Section 71
Status Date
2021-02-26
Filing Date
2004-12-17
Registration Number
3109543
Registration Date
2006-06-27
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
020133, 031513, 090505, 160307, 260321, 260328 - Grotesque men formed by letters, numbers, punctuation or geometric shapes. Ostriches. Sombreros, cowboy hats (10 gallon hats), other broad-brimmed hats. Eyeglasses, eyeglass frames, sunglasses, goggles and safety goggles. Ovals that are completely or partially shaded. Miscellaneous designs with overall oval shape, including amoeba-like shapes and irregular ovals.
Published for Opposition Date
2006-04-04
Attorney Name
Law Office Assigned Location Code
M30
Employee Name
BEVERLY, JOSETTE MICHE
Statements
Indication of Colors claimed
The color(s) green, light green, yellow, orange, white, black, pink and blue is/are claimed as a feature of the mark.
Desription of the Colors Claimed
The colors orange, yellow and white appear in the tri-colored jagged circle surrounding the image of the kiwi fruit. The color light green appears in the body of the kiwi fruit and fades to a darker green towards the center of the fruit. The color black appears in the form of pits in the center of the kiwi fruit. The color white appears in the center of the kiwi fruit. The color green appears within the letters comprising SUMMER KIWI. The colors white and orange surround the green lettering comprising SUMMER KIWI. The color orange appears in the body of the image of the kiwi fruit dressed up like a man. The color black appears in the arms and legs of the man, in the frames of the sunglasses and in the band surrounding the top hat. The color yellow appears in the top hat. The colors blue and white appear in the lenses of the sunglasses. The color white appears in the form of a mouth. The colors pink and white appear in the form of a lei.
Disclaimer with Predetermined Text
"SUMMER KIWI"
Description of Mark
The Mark consists of a fanciful image of a cross section of a kiwi fruit surrounded by a tri-colored jagged circle. Superimposed over the image of the kiwi fruit are the terms "SUMMER KIWI" and a fanciful designation of a kiwi fruit dressed up like a man wearing a lei, sunglasses and a top hat.
Goods and Services
[ Living kiwi plants and ] fresh kiwi fruit
Classification Information
International Class
031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt. - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
US Class Codes
001, 046
Class Status Code
F - Section 71 - Cancelled
Class Status Date
2021-02-26
Primary Code
031
Correspondences
Name
DAVID EHRLICH
Address
Please log in with your Justia account to see this address.
International Registrations
International Registration Number
0852434
International Registration Date
2004-12-17
International Publication Date
2005-08-11
International Renewal Date
2024-12-17
Auto Protection Date
2007-01-21
International Status
001 - Request for extension of protection established
International Status Date
2005-07-21
Priority Claimed In
False
First Refusal In
True
Trademark Events
| Event Date | Event Description |
| 2005-07-21 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| 2005-07-22 | NEW APPLICATION ENTERED IN TRAM |
| 2005-07-22 | ASSIGNED TO EXAMINER |
| 2005-08-01 | LIMITATION OF GOODS/SERVICES FROM IB ENTERED |
| 2005-08-08 | NON-FINAL ACTION WRITTEN |
| 2005-08-09 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| 2005-08-09 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| 2005-08-25 | REFUSAL PROCESSED BY IB |
| 2006-01-12 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2006-01-12 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2006-02-03 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2006-02-04 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| 2006-02-15 | ASSIGNED TO LIE |
| 2006-02-15 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| 2006-03-15 | NOTICE OF PUBLICATION |
| 2006-04-04 | PUBLISHED FOR OPPOSITION |
| 2006-04-03 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| 2006-06-27 | REGISTERED-PRINCIPAL REGISTER |
| 2007-03-06 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| 2007-03-07 | FINAL DISPOSITION PROCESSED |
| 2007-03-07 | FINAL DISPOSITION NOTICE SENT TO IB |
| 2008-03-07 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| 2012-05-16 | TEAS SECTION 71 & 15 RECEIVED |
| 2012-07-06 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| 2012-05-16 | REGISTERED - SEC. 71 & SEC. 15 FILED |
| 2012-07-12 | REGISTERED - SEC. 71 ACCEPTED & SEC. 15 ACK. |
| 2012-07-12 | NOTICE OF ACCEPTANCE OF SEC. 71 & 15 - MAILED |
| 2015-01-02 | INTERNATIONAL REGISTRATION RENEWED |
| 2017-01-31 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2017-05-23 | REVIEW OF CORRESPONDENCE COMPLETE - ADDRESS UPDATED |
| 2021-02-26 | CANCELLED SECTION 71 |
| 2021-10-26 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| 2021-11-18 | INVALIDATION PROCESSED |
| 2021-11-18 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| 2021-12-12 | TOTAL INVALIDATION PROCESSED BY THE IB |
