SCHUCAN Opposition Notice Scan#Page1.Tif

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA235268 Filing date: 09/08/2008 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information Name KELLOGG NORTH AMERICA COMPANY Granted to Date 09/07/2008 of previous extension Address One Kellogg Square PO Box 3599 Battle Creek, MI 49016 UNITED STATES Correspondence DAVID A HERDMAN information ASSISTANT SECRETARY/CORPORATE COUNSEL KELLOGG NORTH AMERICA COMPANY One Kellogg Square PO Box 3599 Battle Creek, MI 49016 UNITED STATES [email protected] Phone:269-961-2170 Applicant Information Application No 79036580 Publication date 03/11/2008 Opposition Filing 09/08/2008 Opposition 09/07/2008 Date Period Ends International 0919089 International 01/18/2007 Registration No. Registration Date Applicant Heristo AG Parkstraße 44-46 49214 Bad Rothenfeld GERMANY Goods/Services Affected by Opposition Class 029. All goods and services in the class are opposed, namely: MEAT, FISH, POULTRY AND GAME, AND GOODS MADE THEREFROM IN FRESH, FROZEN, SMOKED AND SEMI-PREPARED FORM, NAMELY, MEAT, FISH, POULTRY AND GAME CROQUETT; CHARCUTERIE AND CHARCUTERIE PRESERVES; PREPARED MEALS, MAINLY COMPRISING MEAT AND FISH; JELLIED FISH AND FISH MARINADES; MEAT, FISH, POULTRY, GAME, VEGETABLE, FRUIT AND SOUP PRESERVES, AND FROZEN MEAT, FISH, POULTRY, GAME, VEGETABLE, FRUIT AND SOUP PRESERVES; MEAT, FISH, VEGETABLE JELLIES; PRESERVED AND DRIED FRUITS AND VEGETABLES; MIXED PICKLES; SAUSAGE, MEAT, FISH, POULTRY AND VEGETABLE SALADS; RAGOUT AND PREPARED MEALS IN PRESERVED FORM, MAINLY CONSISTING OF A PORTION OF MEAT WITH VEGETABLES, POTATOES; SOUPS AND STOCK, NAMELY, SOUP AND STOCK IN THE FORM OF EXTRACTS; EGGS, MILK AND MILK PRODUCTS, NAMELY, BUTTER, CHEESE AND CHEESE PREPARATIONS, CREAM, YOGURT, CURD CHEESE PREPARATIONS, CRÈME FRAÎCHE, KEFIR, WHEY AND MILK POWDER FOR FOOD, CONDENSED MILK; FOOD PREPARED FROM MILK, WHEY, YOGURT, CREAM, JUICES AND FRUIT AND BINDING AGENTS CONTAINING STARCH, NAMELY, FRUIT-BASED ORGANIC FOOD BARS; EGGS, EDIBLE OILS AND FATS; MARMELADES AND JAMS; FRUIT-BASED SPREADS, CONTAINING MIXTURES OF FRUIT AND HONEY IN PRESERVED FORM; TOFU AND TOFU PRODUCTS, NAMELY, FREEZE-DRIED TOFU PIECES, FRIED TOFU PIECES; DELICATESSEN FOODS, NAMELY, PROCESSED MEAT, NAMELY, HAM, TURKEY, LAMB, VEAL; MILK BASED BEVERAGES CONTAINING WHEY, YOGURT, CREAM AND GELATIN Class 030. All goods and services in the class are opposed, namely: COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO, ARTIFICIAL COFFEE; FLOUR AND PREPARATIONS MADE FROM CEREALS, BREAD, PASTRY AND CONFECTIONERY, IN PARTICULAR PRALINES, FLOUR, SPONGE FINGERS, CAKES, GATEAUX, STRUDEL, ICES IN THE NATURE OF ICING; HONEY, TREACLE, YEAST, BAKING POWDER; SALT, MUSTARD; VINEGAR; SAUCES; SPICES; NATURAL, NON- MEDICAL SUGAR SUBSTITUTES; DELICATESSEN ITEMS, NAMELY, MACARONI SALAD, PASTA SALAD RICE SALAD; PREPARED MEALS CONSISTING MAINLY OF PASTA; SALAD DRESSINGS; CONDIMENTS, NAMELY, PEPPER OIL; SPICE PREPARATIONS, NAMELY, SPICE BLENDS; GOLDEN SYRUP IN THE NATURE OF MAPLE SYRUP; DESSERTS, NAMELY, BAKERY DESSERTS; BLANCMANGES IN THE NATURE OF DESSERT PUDDINGS; RICE PUDDING; PROCESSED SEMOLINA MADE WITH MILK; FRUIT DESSERTS, NAMELY, FRUIT CAKES, FRUIT COBBLERS, FRUIT PIES; ICES, NAMELY, FLAVORED ICES; POWDERS FOR ICE CREAM; CONFECTIONERY AND CHOCOLATE GOODS, IN PARTICULAR PRALINES, COCOA PRODUCTS, NAMELY, COCOA-BASED INGREDIENT IN CONFECTIONERY PRODUCTS; OILSEEDS FOR FOOD AND COMPOSITIONS MADE THEREFROM, NAMELY, MARZIPAN, PERSIPAN AND NOUGAT; MARZIPAN, PERSIPAN AND NOUGAT PRODUCTS, NAMELY, STOLLEN; SPREAD CONTAINING NUTS, NAMELY, NUT-NOUGAT CREAMS AND ALMOND- NOUGAT CREAMS WHICH CAN ALSO BE USED AS SPREADS, SPREADS CONSISTING MAINLY OF SUGAR AND OIL SEEDS; POULTRY AND GAME MEAT PIES Class 031. All goods and services in the class are opposed, namely: AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS, NAMELY, UNPROCESSED GRAINS FOR EATING, FRESH VEGETABLES, FRESH FRUITS; SEEDS, NAMELY, PLANT SEEDS; NATURAL PLANTS, NAMELY, LIVE PLANTS; FLOWERS, NAMELY, CUT FLOWERS, DRIED FLOWERS, LIVE FLOWERS; FOODSTUFFS FOR ANIMALS, NAMELY, CAT FOOD; CAT LITTER AND LITTER FOR SMALL ANIMALS; SANDED PAPER FOR PETS, NAMELY, BIRD SAND; FRESH FRUITS AND VEGETABLES Class 032. All goods and services in the class are opposed, namely: MINERAL AND AERATED WATERS; NON-ALCOHOLIC DRINKS, NAMELY, CARBONATED BEVERAGES, NON-ALCOHOLIC FRUIT JUICE BEVERAGES; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES, NAMELY, CONCENTRATES, SYRUPS OR POWDERS USED IN THE PREPARATION OF SOFT DRINKS; MILK PREDOMINATING NON- ALCOHOLIC MIXED DRINKS, NAMELY, COCONUT MILK COCKTAILS Grounds for Opposition Priority and likelihood of confusion Trademark Act section 2(d) Dilution Trademark Act section 43(c) Marks Cited by Opposer as Basis for Opposition U.S. Registration 1979527 Application Date 05/01/1995 No. Registration Date 06/11/1996 Foreign Priority NONE Date Word Mark NONE Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1992/11/16 First Use In Commerce: 1992/11/16 clothing, namely T-shirts, sweatshirts, nightshirts, pajamas and caps U.S. Registration 2029603 Application Date 05/01/1995 No. Registration Date 01/14/1997 Foreign Priority NONE Date Word Mark TOUCAN SAM Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1992/11/16 First Use In Commerce: 1992/11/16 clothing, namely T-shirts, sweatshirts, nightshirts and caps U.S. Registration 2632651 Application Date 06/06/2000 No. Registration Date 10/08/2002 Foreign Priority NONE Date Word Mark TOUCAN SAM Design Mark Description of NONE Mark Goods/Services Class 029. First use: First Use: 2000/04/01 First Use In Commerce: 2000/04/01 fruit-based snack food U.S. Registration 2632658 Application Date 06/06/2000 No. Registration Date 10/08/2002 Foreign Priority NONE Date Word Mark NONE Design Mark Description of NONE Mark Goods/Services Class 029. First use: First Use: 2000/04/01 First Use In Commerce: 2000/04/01 fruit-based snack food U.S. Registration 3187342 Application Date 03/01/2006 No. Registration Date 12/19/2006 Foreign Priority NONE Date Word Mark TOUCAN SAM Design Mark Description of NONE Mark Goods/Services Class 030. First use: First Use: 1964/06/00 First Use In Commerce: 1964/06/00 CEREAL-DERIVED FOOD PRODUCT TO BE USED AS A BREAKFAST FOOD SNACK FOOD OR INGREDIENT FOR MAKING FOOD Attachments 74668765#TMSN.gif ( 1 page )( bytes ) 76063875#TMSN.gif ( 1 page )( bytes ) 76065177#TMSN.gif ( 1 page )( bytes ) 78826553#TMSN.jpeg ( 1 page )( bytes ) SCHUCAN Opposition Notice Scan.pdf ( 8 pages )(1806835 bytes ) Certificate of Service The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address record by First Class Mail on this date. Signature /DAVID A HERDMAN/ Name DAVID A HERDMAN Date 09/08/2008 .

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