THE ORIGINAL OAT-LY! - Trademark Details
Status: 645 - Final Refusal - Mailed
Serial Number
79312053
Word Mark
THE ORIGINAL OAT-LY!
Status
645 - Final Refusal - Mailed
Status Date
2021-12-15
Filing Date
2020-05-11
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
050702, 051325, 260521, 270301 - Clusters and sheaves of other grains, including stalks of grains. Other plants including bales of hay or straw. Triangles that are completely or partially shaded. Geometric figures forming letters or numerals, including punctuation.
Attorney Name
Law Office Assigned Location Code
N20
Employee Name
ROSEN, BENJAMIN H
Statements
Disclaimer with Predetermined Text
"ORIGINAL"
Description of Mark
The mark consists of the stylized words "THE ORIGINAL OAT-LY!" with a stylized image of an oat ear in the middle of the "A" in the term "OAT-". The word "THE ORIGINAL" appears at the top. Below this wording is the wording "OAT-". At the bottom is the word "LY!".
Goods and Services
Oat-based nutritional supplements; oat-based dietary supplement drink mixes being nutritional supplements; oat-based dietary supplemental drinks in the nature of vitamin and mineral beverages, being nutritional supplements; oat-based nutritional supplement in the nature of a nutrient-dense drink mix; food for babies; functional food supplements, functional health food supplements and nutraceuticals for therapeutic purposes, all being nutritional supplements and dietary supplements; nutraceuticals for therapeutic purposes; nutraceuticals for use as a dietary supplement; grain-based functional food supplements for therapeutic purposes and for use as nutritional supplements and dietary supplements; grain-based nutraceuticals for therapeutic purposes and for use as nutritional supplements and dietary supplements; oatbased functional food supplements for therapeutic purposes and for use as nutritional supplements and dietary supplements; oat-based nutraceuticals for therapeutic purposes and for use as nutritional supplements and dietary supplements; functional food supplements for slimming purposes; functional dietary supplement 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 food supplements and oat-based dietary supplements
Goods and Services
Forks being tableware; knives being tableware; knives, namely, pastry knives; spoons being tableware; tea spoons being tableware; desert spoons being tableware; soup spoons being tableware; pastry forks being tableware; table cutlery
Goods and Services
Downloadable software for online messaging and marketing; Downloadable software for webhosting; Downloadable application software, namely, game software, software for identifying third party retail stores that carry designated products and indicating product locations within the stores, software for users to share user generated content in the nature of recipes, software for converting online recipes to include non-dairy ingredients, software for locating and storing recipes, software for connecting global computer networks, software for connecting computer network users, computer interface software, graphical user interface software, UPI software, application programming software, software for data communication and translating and transmitting data, software applications for cloud computing services, for application and database integration, for social networking services and streaming audio-visual media content via internet, and software for playing games and for enhancing the audio-visual capabilities of multimedia applications, all for smart phones, mobile phones, wireless devices, mobile devices, TV or smart TV; Downloadable mobile software applications, namely, game software, software for identifying third party retail stores that carry designated products and indicating product locations within the stores, software for users to share user generated content in the nature of recipes, software for converting online recipes to include non-dairy ingredients, software for locating and storing recipes, software for connecting global computer networks, software for connecting computer network users, computer interface software, graphical user interface software, UPI software, application programming software, software for data communication and translating and transmitting data, software applications for cloud computing services, for application and database integration, for social networking services and streaming audio-visual media content via internet, and software for playing games and for enhancing the audio-visual capabilities of multimedia applications, all for smart phones, mobile phones, wireless devices, mobile devices, TV or smart TV; Downloadable computer software programs, namely, game software, software for identifying third party retail stores that carry designated products and indicating product locations within the stores, software for users to share user generated content in the nature of recipes, software for converting online recipes to include non-dairy ingredients, software for locating and storing recipes, software for connecting global computer networks, software for connecting computer network users, computer interface software, graphical user interface software, UPI software, application programming software, software for data communication and translating and transmitting data, software applications for cloud computing services, for application and database integration, for social networking services and streaming audio-visual media content via internet, and software for playing games and for enhancing the audio-visual capabilities of multimedia applications, all for smart phones, mobile phones, wireless devices, mobile devices, TV or smart TV; Downloadable electronic data files featuring digital recipes and collections of recipes in electronic format; Downloadable software, namely, game software, software for identifying third party retail stores that carry designated products and indicating product locations within the stores, software for users to share user generated content in the nature of recipes, software for converting online recipes to include non-dairy ingredients, software for locating and storing recipes, software for connecting global computer networks, software for connecting computer network users, computer interface software, graphical user interface software, UPI software, application programming software, software for data communication and translating and transmitting data, software applications for cloud computing services, for application and database integration, for social networking services and streaming audio-visual media content via internet, and software for playing games and for enhancing the audio-visual capabilities of multimedia applications, all for smart phones, mobile phones, wireless devices, mobile devices, TV or smart TV
Goods and Services
Cards, namely, blank note cards, printed informational cards in the field of nutritional information, printed note cards, paper gift cards, non-magnetically encoded gift cards, gift wrap cards, and post cards; calendars; greeting cards; printed recipe cards; printed recipes sold as a component of food packaging; posters; pens; recipe books; stickers; prints; adhesive stickers; Bumper stickers
Goods and Services
Duffle bags, tote bags; Backpacks
Goods and Services
Serving pots and jugs, coffee pots and tea pots; milk jugs; jugs for frothing milk; non-electric milk frothers; cups, saucers and mugs; bowls; Drinking vessels and barware namely, drinking glasses, highball glasses, hatch glasses, namely, whiskey glasses, cocktail glasses, carafes, decanters, coupe glasses, snifters, and mugs
Goods and Services
Clothing for women, men, boys and girls, namely, shirts, blouses, jackets, sweatpants and sweatshirts, knitted tops, scarves, sweaters; clothing for women, men, boys and girls, namely, t-shirts, tank tops, sport knit shirts; Headwear, namely, hats, and caps
Goods and Services
Dairy product substitutes, namely, artificial cream, oat-based cream, hazelnut milk, soy milk, coconut oil for food, coconut butter; milk substitutes; milk substitutes containing oats; oat milk in the nature of a milk substitute; oat-based beverages and drinks for use as a milk substitutes; milk substitute based beverages and drinks; functional milk substitute beverages; fruit-flavored oat-based milk substitute beverages; 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; cheese substitutes; cheese substitutes powder; 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; compotes, fruit and vegetable-based spreads; oat-based and vegetable based dairy substitutes for slimming purposes; soup powders, namely, powdered preparations for making soups
Goods and Services
Oatmeal, rolled oats; processed cereals; food preparations and foodstuffs made from cereals, namely, cereal-based snack food, cereal based energy bars, high-protein cereal bars, biscuits, tarts, cakes made with cereals, ready-to-eat cereals, cereal-based snack bars; crisps made of cereals; breakfast cereals; breakfast cereals containing fibre; breakfast cereals containing a mixture of fruit and fibre; cereals flakes, namely, processed cereals; muesli consisting predominantly of cereals; cereal bars and cereal based energy-bars; cereal powders; oat flakes; muesli; oat-based gruel in the nature of crushed oats; snack foods consisting principally of grain; snack foods consisting principally of extruded cereals; cereal-based snacks foods; snack foods made principally from cereals; snacks made principally from muesli; snack foods made principally of whole wheat; bread; wholemeal bread and bread mixes; whole wheat bread and processed wheat in the nature of whole wheat crisps; biscuits; pastry and confectionery made of sugar; oat-based cake mixes, oat-based biscuit mixes; coffee; decaffeinated coffee; instant coffee; roasted coffee in powder form; artificial coffee; coffee drinks and coffee-based beverages; coffee-based drinks and beverages; coffee-based drinks and beverages containing milk substitutes; pancakes; waffles; pancake batter; liquid batter for making pancakes; oat-based pancakes; oat-based waffles; oat-based pancake batter; oat-based liquid batter for making pancakes; cocoa-based powdered preparations for use in making cocoa-based beverages; oat-based drinks in powdered form, namely, grain based beverages, oat-based coffee drinks, cocoa drinks and espresso drinks in powder form; Food sauces; cooking sauces; prepared foodstuffs in the form of sauces; 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; milk substitute-based frozen yoghurt; non-dairy frozen yoghurt; fermented foodstuffs based on oats, namely, processed oats, oat-based soy sauce, and oat-based pastes; acidified food-stuffs based on oat, namely, processed oats and processed cereals; oat-based grains and cereals products for slimming purposes, namely, processed oats and processed cereals; grain-based products for slimming purposes, namely, processed grains; processed oats in the form of an oat-based food spread; Flour and oat flour for food
Goods and Services
Non-alcoholic water-based beverages; Non-alcoholic oat-based beverages; Non-alcoholic plant-based beverages; non-alcoholic water-based drinks; non-alcoholic oat-based drinks; non-alcoholic plant-based drinks; oat-based beverages not being milk substitutes; oat-based natural energy drinks; oat-based breakfast drinks, namely, smoothies containing oats, fruit juices containing oats and vegetable juices containing oats; 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, namely, smoothies containing oats, fruit juices containing oats and vegetable juices containing oats, all for non-medical slimming purposes; energy drinks; energy drinks containing caffeine; sports drinks, namely, recovery drinks; sports drinks; functional non-alcoholic water-based beverages; powders for the preparation of energy drink beverages, powders used in the preparation of fruit-based drinks and beverages; powders for the preparation of beverages, namely, powders for the preparation of fruit beverages and powders for the preparation of vegetable beverages, powders used in the preparation of fruit-based drinks; powders for use in preparation of fruit based beverages
Goods and Services
Retail store services featuring food and foodstuffs, beverages and drinks, food supplements and dietary food supplements, dietary supplements and dietic preparations; retail store services featuring functional foods, functional health foods and functional beverages, slimming products; retail store services featuring dairy substitutes and dairy product substitutes, processed grains, oats and oat-based products; retail store services featuring books, bumper stickers, cards, calendars, printed recipe cards, printed matter, posters, pens, photographs, recipe books, stickers, prints, adhesive stickers, magazines; retail store services featuring clothing and headwear; online retail store services featuring food and foodstuffs, beverages and drinks, food supplements and dietary food supplements, dietary supplements and dietic preparations; online retail store services featuring functional foods, functional health foods and functional beverages, slimming products; online retail store services featuring dairy substitutes and dairy product substitutes, processed grains, oats and oat-based products; online retail store services featuring clothing and headwear; Business management of wholesale and retail outlets
Goods and Services
Packaging and storage of goods; Transportation and delivery of goods
Goods and Services
Dietary education services, namely, providing courses of instruction, classes, tutoring, seminars and workshops in the field of dietary nutrition, health and wellness, and diet; providing of training in the field of health care and nutrition; provision of courses of instruction, classes, tutoring, seminars and workshops in the field of nutrition; providing courses of instruction, classes, tutoring, seminars and workshops in nutrition, not medical, and providing courses of instruction, classes, tutoring, seminars and workshops in diet, not medical; providing training in the field of nutrition and diet; Education services relating to nutrition, namely, providing courses of instruction, classes, tutoring, seminars and workshops in the field of nutrition
Goods and Services
Café services and cafeteria services; café and cafeteria services; take away provision of food and drink services; take away café and cafeteria services; Provision of food and drink
Goods and Services
Health counselling; nutritional advice; nutritional advisory services; food nutrition consultation; providing nutritional information about food; Dietary and nutritional guidance
Classification Information
International Class
005 - Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. - Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
US Class Codes
005, 006, 018, 044, 046, 051, 052
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
005
International Class
008 - Hand tools and implements (hand-operated); cutlery; side arms; razors. - Hand tools and implements (hand-operated); cutlery; side arms; razors.
US Class Codes
023, 028, 044
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
008
International Class
009 - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
US Class Codes
021, 023, 026, 036, 038
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
009
International Class
016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks. - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.
US Class Codes
002, 005, 022, 023, 029, 037, 038, 050
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
016
International Class
018 - Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. - Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
US Class Codes
001, 002, 003, 022, 041
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
018
International Class
021 - Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. - Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
US Class Codes
002, 013, 023, 029, 030, 033, 040, 050
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
021
International Class
025 - Clothing, footwear, headgear. - Clothing, footwear, headgear.
US Class Codes
022, 039
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
025
International Class
029 - Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats. - Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
US Class Codes
046
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
029
International Class
030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
US Class Codes
046
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
030
International Class
032 - Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. - Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
US Class Codes
045, 046, 048
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
032
International Class
035 - Advertising; business management; business administration; office functions. - Advertising; business management; business administration; office functions.
US Class Codes
100, 101, 102
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
035
International Class
039 - Transport; packaging and storage of goods; travel arrangement. - Transport; packaging and storage of goods; travel arrangement.
US Class Codes
100, 105
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
039
International Class
041 - Education; providing of training; entertainment; sporting and cultural activities. - Education; providing of training; entertainment; sporting and cultural activities.
US Class Codes
100, 101, 107
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
041
International Class
043 - Services for providing food and drink; temporary accommodation. - Services for providing food and drink; temporary accommodation.
US Class Codes
100, 101
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
043
International Class
044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
US Class Codes
100, 101
Class Status Code
6 - Active
Class Status Date
2021-06-03
Primary Code
044
Current Trademark Owners
Correspondences
Name
Jonathan A. Hyman
Address
Please log in with your Justia account to see this address.
International Registrations
International Registration Number
1536797
International Registration Date
2019-12-20
International Publication Date
2021-05-27
International Renewal Date
2029-12-20
Auto Protection Date
2022-11-27
International Status
001 - Request for extension of protection established
International Status Date
2021-05-27
Priority Claimed In
True
Priority Claimed Date
2019-11-11
First Refusal In
True
Trademark Events
| Event Date | Event Description |
| 2021-05-27 | SN ASSIGNED FOR SECT 66A SUBSEQ DESIG FROM IB |
| 2021-06-03 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| 2021-06-03 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| 2021-06-03 | ASSIGNED TO EXAMINER |
| 2021-06-04 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| 2021-06-07 | NON-FINAL ACTION WRITTEN |
| 2021-06-08 | APPLICATION FILING RECEIPT MAILED |
| 2021-06-08 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| 2021-06-09 | REFUSAL PROCESSED BY MPU |
| 2021-06-09 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| 2021-07-11 | REFUSAL PROCESSED BY IB |
| 2021-12-08 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| 2021-12-08 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| 2021-12-08 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| 2021-12-08 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| 2021-12-08 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| 2021-12-08 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| 2021-12-08 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2021-12-08 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2021-12-09 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2021-12-15 | FINAL REFUSAL WRITTEN |
| 2021-12-15 | FINAL REFUSAL E-MAILED |
| 2021-12-15 | NOTIFICATION OF FINAL REFUSAL EMAILED |
