Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1089972
`10/20/2020
`
`ESTTA Tracking number:
`
`Filing date:
`
`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
`
`Del Monte Foods, Inc.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`10/21/2020
`
`205 N. WIGET LANE
`WALNUT CREEK, CA 94598
`UNITED STATES
`
`HARA K. JACOBS
`BALLARD SPAHR LLP
`1735 MARKET ST., 50TH FLOOR
`PHILADELPHIA, PA 19103
`UNITED STATES
`Primary Email: dm_tmdocketing@ballardspahr.com
`Secondary Email(s): jacobsh@ballardspahr.com, siegeld@ballardspahr.com,
`hargensm@ballardspahr.com
`215-864-8209
`
`Docket Number
`
`00209551
`
`Applicant Information
`
`Application No.
`
`88846588
`
`Publication date
`
`06/23/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`10/20/2020
`
`Opposition Peri-
`od Ends
`
`10/21/2020
`
`Chen Lihua
`ROOM 602,NO.17,JINYUAN DONGERLI
`JIMEI DISTRICT
`XIAMEN, 361021
`CHINA
`
`Goods/Services Affected by Opposition
`
`Class 030. First Use: 2019/07/09 First Use In Commerce: 2019/07/09
`All goods and services in the class are opposed, namely: Bread; Candy; Chocolate-based bever-
`ages; Chocolate; Cocoa-based beverages; Cocoa; Coffee; Coffee and coffee substitutes; Coffee
`beans; Coffee pods; Cooking salt; Fruit sauces; Honey; Noodles; Pepper spice; Rice; Rice noodles;
`Seasonings; Soy sauce; Spaghetti; Spices; Sugar; Tea-based beverages; Tea; Tomato ketchup; Vin-
`egar; Wheat flour; Yeast; Artificial coffee; Instant coffee; Instant noodles
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`No use of mark in commerce before application
`
`Trademark Act Sections 1(a) and (c)
`
`

`

`or amendment to allege use was filed
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`827921
`
`Registration Date
`
`04/25/1967
`
`Application Date
`
`03/03/1966
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`DEL MONTE
`
`NONE
`
`Class 032. First use: First Use: 1964/04/23 First Use In Commerce: 1964/04/24
`SOFT DRINKS
`Class U046 (International Class 029, 030). First use: First Use: 1964/10/30 First
`Use In Commerce: 1964/10/30
`CANNED VEGETABLES, CANNED FRUITS, CANNED FRUIT AND VEGET-
`ABLE JUICES, CANNED FISH, DRIED FRUITS, PICKLES, VEGETABLE REL-
`ISHES, HOT PEPPERS, AND CATSUP
`
`U.S. Registration
`No.
`
`881339
`
`Registration Date
`
`11/25/1969
`
`Application Date
`
`04/23/1969
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`DEL MONTE
`
`NONE
`
`Class 032. First use: First Use: 1964/04/23 First Use In Commerce: 1964/04/24
`[ SOFT DRINKS ]
`Class U046 (International Class 001, 005, 029, 030, 031, 032). First use: First
`Use: 1891/10/01 First Use In Commerce: 1891/10/01
`FRESH AND CANNED VEGETABLES, FRESH AND CANNED FRUITS,
`CANNED FRUIT AND VEGETABLE JUICES, [ CANNED FISH, ] DRIED
`FRUITS,PICKLES, VEGETABLE RELISHES, HOT PEPPERS, AND CATSUP
`
`U.S. Registration
`No.
`
`2295935
`
`Registration Date
`
`11/30/1999
`
`Application Date
`
`10/15/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`DEL MONTE QUALITY
`
`NONE
`
`Class 029. First use: First Use: 1940/01/00 First Use In Commerce: 1940/01/00
`processed vegetables, processed fruits,[ seafood, ] dried fruits and raisins,
`sauerkraut and canned peppers
`Class 030. First use: First Use: 1940/01/00 First Use In Commerce: 1940/01/00
`vegetable relishes, tomato-based sauces, and catsup
`Class 032. First use: First Use: 1940/01/00 First Use In Commerce: 1940/01/00
`canned fruit and vegetable juices and drinks consisting primarily of fruit juice and
`
`

`

`water
`
`2302024
`
`U.S. Registration
`No.
`
`Registration Date
`
`12/21/1999
`
`Application Date
`
`10/16/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`DEL MONTE QUALITY
`
`NONE
`
`Class 029. First use: First Use: 1940/01/00 First Use In Commerce: 1940/01/00
`Processed vegetables, processed fruits,dried fruits, raisins, canned peppers and
`sauerkraut [, milk-based drinks withfruit juice and water ]
`Class 030. First use: First Use: 1940/01/00 First Use In Commerce: 1940/01/00
`vegetable relishes, tomato-based saucesand catsup [, tea-based drinks with fruit
`juice and water ]
`Class 032. First use: First Use: 1940/01/00 First Use In Commerce: 1940/01/00
`Canned fruit and vegetable juices and drinks consisting primarily of fruit juice
`and water
`
`U.S. Registration
`No.
`
`3880077
`
`Registration Date
`
`11/23/2010
`
`Application Date
`
`06/02/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`DEL MONTE QUALITY
`
`The mark consists of a shield shape with a fleur de lys flower shape on the to-
`pand the wording "DEL MONTE" in the center of the shield and the word "QUAL-
`ITY" centered below that.
`
`Goods/Services
`
`Class 029. First use: First Use: 2001/07/15 First Use In Commerce: 2001/07/15
`Dried fruits; Processed fruits; Processed vegetables; Raisins; Sauerkraut
`
`U.S. Registration
`No.
`
`3886446
`
`Registration Date
`
`12/07/2010
`
`Application Date
`
`06/02/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`DEL MONTE QUALITY
`
`The mark consists of a shield shape with a fleur de lys flower shape on the to-
`pand the wording "DEL MONTE" in the center of the shield with the word "QUAL-
`ITY"centered below that.
`
`Class 030. First use: First Use: 2001/07/15 First Use In Commerce: 2001/07/15
`Vegetable relishes, tomato-based sauces, and catsup/ketchup
`Class 032. First use: First Use: 2001/07/15 First Use In Commerce: 2001/07/15
`Canned fruit and vegetable juices and drinks consisting primarily of fruit juice
`and water
`
`U.S. Registration
`No.
`
`4077270
`
`Application Date
`
`06/30/2011
`
`Registration Date
`
`12/27/2011
`
`Foreign Priority
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`DEL MONTE QUALITY
`
`Date
`
`The mark consists of a shield design appearing in red and maroon with a yel-
`low,gold and green outline and a yellow, gold and green fleur-de-lis flower
`design on the top and the wording "DEL MONTE" appearing in white with green
`shading in the center of the shield and the word "QUALITY" appearing in white
`centered below that.
`
`Goods/Services
`
`Class 029. First use: First Use: 2001/07/15 First Use In Commerce: 2001/07/15
`Dried fruits; Processed fruits; Processed vegetables; Sauerkraut
`
`Attachments
`
`DELNOT OPPOSITION PART 1 .pdf(2818912 bytes )
`DELNOT OPPOSITION PART 2.pdf(5690285 bytes )
`
`Signature
`
`/Hara Jacobs/
`
`Name
`
`Date
`
`HARA K. JACOBS
`
`10/20/2020
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 88/846,588
`For the mark: DELNOT
`Published: June 23, 2020
`
`Del Monte Foods, Inc.,
`
` Opposer,
`
`v.
`
`Lihua Chen,
`
` Applicant.
`
`:
`:
`:
`:
`:
`:
`:
`:
`
`:
`:
`:
`
`
`
`
`
` Opposition No. ________________
`
` Serial No. 88846588
`
` Mark: DELNOT
`
`
`
`NOTICE OF OPPOSITION
`
`In the matter of the application of Lihua Chen (the “Applicant”) for registration of the
`
`mark DELNOT, Application Serial No. 88/846,588 (the “Application”), filed March 25, 2020
`
`and published for opposition in the Official Gazette on June 23, 2020:
`
`1.
`
`Del Monte Foods, Inc., a Delaware corporation having a place of business at 3003
`
`Oak Road, Walnut Creek, CA 94598 (the “Opposer”), believes that it will be damaged by the
`
`registration of the mark shown in the above-identified Application and hereby opposes the same.
`
`The grounds for opposition are set forth herein.
`
`2.
`
`Since 1891, Opposer and its predecessors have used the DEL MONTE®
`
`trademark in connection with the production, marketing, and sale of premium quality food and
`
`beverages throughout the United States. Among its many offerings, Opposer sells a variety of
`
`sauces and condiments, tomatoes and tomato-based products, and a broad selection of fruit and
`
`vegetable products and beverages (the “DEL MONTE® Goods”), all of which are sold
`
`DMEAST #42491382 v3
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`

`

`nationally under the DEL MONTE® brand. The DEL MONTE® Goods are sold online and in
`
`retail grocery stores across the nation as well as to foodservice providers and the U.S. military.
`
`3.
`
`Opposer is the owner of more than twenty-five incontestable federal trademark
`
`registrations for its renowned and famous marks incorporating its house mark DEL MONTE®
`
`(collectively, the “DEL MONTE® Marks”).
`
`4.
`
`Opposer is the owner of several incontestable federal trademark registrations for
`
`its renowned and famous marks incorporating its house mark DEL MONTE® for sauces or
`
`condiments (Reg. Nos. 0,827,921; 0,881,339; 2,295,935; 2,302,024). Opposer is also the owner
`
`of numerous other trademark registrations for marks incorporating its house mark DEL
`
`MONTE® for sauces or condiments (Reg. Nos. 3,880,077; 3,886,446; 4,077,270). Attached
`
`hereto as Exhibit A are printouts from the electronic database of the U.S. Patent and Trademark
`
`Office (“USPTO”) showing the current status and title of these registrations.
`
`5.
`
`Del Monte is the owner of an incontestable registration (Reg. No. 0,881,339) for
`
`the mark DEL MONTE® for, inter alia, “fresh and canned vegetables,” “vegetable relishes,” and
`
`“catsup.” This trademark has been registered with the USPTO for more than 40 years and has
`
`been in continuous use for more than 120 years.
`
`6.
`
`Applicant seeks to register the mark DELNOT for “ Bread; Candy; Chocolate-
`
`based beverages; Chocolate; Cocoa-based beverages; Cocoa; Coffee; Coffee and coffee
`
`substitutes; Coffee beans; Coffee pods; Cooking salt; Fruit sauces; Honey; Noodles; Pepper
`
`spice; Rice; Rice noodles; Seasonings; Soy sauce; Spaghetti; Spices; Sugar; Tea-based
`
`beverages; Tea; Tomato ketchup; Vinegar; Wheat flour; Yeast; Artificial coffee; Instant coffee;
`
`Instant noodles. ” in Class 30, as evidenced by the publication of said mark in the Official
`
`Gazette on June 23, 2020.
`
`DMEAST #42491382 v3
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`7.
`
`The Application for the goods herein opposed was filed on March 25, 2020 based
`
`on Section 1(a) of the Trademark Act.
`
`8.
`
`Applicant alleges that the applied-for mark was first used on July 9, 2019 and was
`
`first used in commerce on July 9, 2020.
`
`OPPOSER HAS PRIORITY AND APPLICANT’S MARK IS LIKELY TO BE
`
`CONFUSED WITH OPPOSER’S DEL MONTE® MARKS
`
`9.
`
`Opposer’s dates of first use of the DEL MONTE® Marks and Opposer’s
`
`registration dates for the DEL MONTE® Marks precede the filing date of the Application and
`
`Applicant’s claimed date of first use.
`
`10.
`
`Opposer’s registrations for the DEL MONTE® Marks are valid and subsisting.
`
`11.
`
`Opposer’s use of the DEL MONTE® Marks has been continuous, exclusive, and
`
`commercially significant for many years in connection with the DEL MONTE® Goods.
`
`12.
`
`Opposer’s DEL MONTE® Marks are inherently distinctive as applied to the DEL
`
`MONTE® Goods.
`
`13.
`
`Opposer’s DEL MONTE® Marks are widely recognized by the general
`
`consuming public of the United States as a designation of source of the goods sold under the
`
`DEL MONTE® Marks.
`
`14.
`
`Because of the substantial investment of time and resources nationally to market,
`
`promote, and advertise Opposer’s DEL MONTE® Marks, consumers have come to associate
`
`Opposer’s DEL MONTE® Marks exclusively with Opposer and the DEL MONTE® Goods.
`
`15.
`
`By virtue of Opposer’s continuous use in commerce of the DEL MONTE® Marks
`
`in connection with the DEL MONTE® Goods for more than 120 years, such goods have become
`
`favorably known to the relevant trade and public under the DEL MONTE® Mark.
`
`DMEAST #42491382 v3
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`

`

`16.
`
`Opposer’s DEL MONTE® Marks have been the subject of substantial unsolicited
`
`media attention and publicity for decades.
`
`17.
`
`Consumers’ actual recognition of the DEL MONTE® Marks is widespread, with
`
`Opposer’s products found in eight out of ten United States households.
`
`18.
`
`19.
`
`Opposer’s DEL MONTE® Marks are famous.
`
`The parties’ marks are likely to be confused because the sauces, catsups, and
`
`vegetable relishes sold and distributed under Opposer’s DEL MONTE® Marks and Applicant’s
`
`tomato ketchup, seasonings, pepper spice, spaghetti, rice, and other foods and beverage products
`
`sold under Applicant’s Marks are highly related and complimentary.
`
`20.
`
`In the Application for the goods herein opposed, there are no restrictions on trade
`
`channels, so it must be presumed that the goods identified in the Application will travel through
`
`all trade channels appropriate for goods of that type.
`
`21.
`
`On information and belief, the goods recited in the Application and the DEL
`
`MONTE® Goods are intended to be marketed through overlapping channels of trade and are
`
`intended to be sold to overlapping classes of purchasers.
`
`22.
`
`Applicant’s alleged mark DELNOT as applied to the goods recited in the
`
`Application so resembles Opposer’s DEL MONTE® Mark as applied to the DEL MONTE®
`
`Goods that it is likely to cause confusion, mistake, or deception.
`
`23.
`
`Applicant’s alleged mark DELNOT is confusingly similar to Opposer’s
`
`DEL MONTE® Marks because the marks have a similar sound, appearance, and commercial
`
`impression.
`
`24.
`
`If Applicant is permitted to register the alleged mark DELNOT for the goods
`
`recited in the Application, confusion in the relevant trade and public is likely to result, which will
`
`damage and injure Opposer and, therefore, the mark should not register.
`
`DMEAST #42491382 v3
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`25.
`
`Applicant’s alleged mark DELNOT, when used in association with the goods
`
`identified in the Application, is likely to cause dilution of Opposer’s famous DEL MONTE®
`
`Marks and, therefore, the mark should not register.
`
`26.
`
`Any defect, objection to, or fault found with Applicant’s goods under Applicant’s
`
`alleged mark DELNOT would necessarily reflect on and seriously injure the reputation that
`
`Opposer has established for its goods and business.
`
`27.
`
`If Applicant is granted a registration for the mark herein opposed, it would obtain
`
`thereby at least a prima facie exclusive right to use the mark in connection with the goods recited
`
`in the Application. Such registration would be a source of damage and injury to Opposer.
`
`APPLICANT’S APPLICATION IS VOID AB INITIO
`
`28.
`
`The Application for the goods herein opposed was filed on March 25, 2020,
`
`pursuant to Section 1(a) of the Trademark Act, 15 U.S.C. § 1051(a).
`
`29.
`
`The Application provides a date of first use for all of the identified goods in the
`
`Application as “July 7, 2019.”
`
`30. With the Application, Applicant submitted specimens of use purporting to show
`
`use of Applicant’s Mark on or in connection with at least one of the goods listed in International
`
`Class 30.
`
`31.
`
`Applicant also submitted a sworn declaration that Applicant’s Mark “is in use in
`
`commerce on or in connection with the goods/services in the application.”
`
`32.
`
`The Application and Declaration were both signed by Jonathan G. Morton,
`
`Applicant’s Attorney of Record.
`
`33.
`
`Statements regarding the use in commerce of Applicant’s Mark for the goods
`
`identified in the use-based Application are material to the issuance of a registration.
`
`DMEAST #42491382 v3
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`

`34.
`
`The trademark examiner accepted the evidence of use and approved the
`
`Application for publication on June 23, 2020.
`
`35.
`
`Upon information and belief, and based on Opposer’s investigation, at the time
`
`Applicant filed its Application attesting to the use of Applicant’s Mark in commerce in
`
`connection with all of the goods set forth in the Application, Applicant’s Mark was not in use in
`
`commerce on or in connection with all of the goods listed in the Application.
`
`36.
`
`The Application is void ab initio under Section 1(a) of the Lanham Act, 15 U.S.C.
`
`1051(a) because Applicant’s Mark was not in use in commerce in connection with all of the
`
`goods listed in the Application as of the filing date of the Application.
`
`WHEREFORE, Del Monte Foods, Inc. prays that registration of the mark of
`
`Application Serial No. 88/846,588 in International Class 30 be refused and that this Opposition
`
`be sustained.
`
`Dated: October 19, 2020
`
`
`
`Respectfully submitted,
`
`By:_/s/ Hara K. Jacobs__________________
`Hara K. Jacobs
`Danielle J. Siegel
`BALLARD SPAHR LLP
`1735 Market Street, 51st Floor
`Philadelphia, Pennsylvania 19103-7599
`(215) 665-8500
`
`ATTORNEYS FOR OPPOSER
`
`DMEAST #42491382 v3
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`6
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`

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`DMEAST #42491382 v3
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`EXHIBIT A
`
`

`

`10/20/2020
`
`Status Search SN 0,827,921
`
`and a screenshot of any error messages you have received.
`
`For assistance with TSDR, email teas@gpt&go_v and include your serial number, the document you are looking for,
`
`STATUS
`
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`
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`
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`
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`
`Generated on: This page was generated by TSDR on 2020-10-19 18:18:23 EDT
`
`Mark: DEL MONTE
`
`
`
`US Serial Number: 72240048
`
`Application Filing Date: Mar. 03, 1966
`
`US Registration Number: 827921
`
`Registration Date: Apr. 25, 1967
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`
`Descriptor:
`
`Status: The registration has been renewed.
`
`Status Date: Sep. 13, 2017
`
`Mark Information
`
`Mark Literal Elements: DEL MONTE
`
`Standard Character Claim: No
`
`LlVE/REGISTRATION/lssued and Active
`
`The trademark application has been registered with the Offic
`
`Mark Drawing Type: 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
`
`Design Search Code(s): 05.11.04 - Tomatoes
`26.03.28 - Miscellaneous designs with overall oval shape, including amoeba-like shapes and irregular ovals
`
`overall shape)
`
`Related Properties Information
`
`Claimed Ownership of US 0075958, 0641111 and others
`
`Registrations:
`
`Goods and Services
`
`Note:
`
`The following symbols indicate that the registrant/owner has amended the goods/services:
`
`. Brackets [..] indicate deleted goods/services;
`
`0 Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`
`. Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: SOFT DRINKS
`
`International Class(es): 032
`
`Privacy - Terms
`U.S Class(es): 045 - Primary Class
`
`https://tsdr.uspto.gov/#caseNumber=0,827,921&caseSearchType=US_APPLICATION&caseType=DEFAU LT&searchType=statusSearch
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`Status Search SN 0,827,921
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Apr. 23, 1964
`
`Use in Commerce: Apr. 24, 1964
`
`For: CANNED VEGETABLES, CANNED FRUITS, CANNED FRUIT AND VEGETABLE JUICES, CANNED FISH
`
`VEGETABLE RELISHES, HOT PEPPERS, AND CATSUP
`
`International Class(es): 029, 030
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Oct. 30, 1964
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`U.S Class(es): 046 - Primary Class
`
`Use in Commerce: Oct. 30, 1964
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: DEL MONTE FOODS, INC.
`
`Owner Address: 3003 Oak Road
`
`Legal Department
`Walnut Creek, CALIFORNIA UNITED STATES 94597
`
`Legal Entity Type: CORPORATION
`
`State or Country Where DELAWARE
`
`Organized:
`
`Attorney/Correspondence Information
`
`Attorney of Record
`
`Attorney Name: Hara K. Jacobs
`
`Docket Number: 00209541
`
`Attorney Primary Email jM©ballardspahncom
`Address:
`
`Attorney Email Authorized: Yes
`
`Correspondent
`
`Correspondent Hara K. Jacobs
`
`Name/Address: Ballard Spahr LLP
`1735 Market Street, 51st Floor
`
`Philadelphia, PENNSYLVANIA UNITED STATES 19103-7599
`
`Phone: 215.864.8209
`
`Fax: 215.864.:
`
`Correspondent e-mail:
`
`jacobsh@ballardspahr.com
`
`Correspondent e-mail Yes
`
`frankenfieldb@ballardspahr.com
`
`Authorized:
`
`Privacy . Terms
`
`https://tsdr.uspto.gov/#caseNumber=0,827,921&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
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`Status Search SN 0,827,921
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`dm tmdocketing@ballardspahr.com
`
`Domestic Representative - Not Found
`
`Prosecution History
`
`Description
`
`Proceeding Number
`
`httpszl/tsdr.uspto.gov/#caseNumber=0,827,921&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
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`Date
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`Jun. 03, 2020
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`Sep. 13,2017
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`Sep. 13,2017
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`Sep. 13,2017
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`Sep. 11,2017
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`May 15, 2017
`
`May 15, 2017
`
`Apr. 25, 2016
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`Dec. 11,2015
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`Dec. 11,2015
`
`Nov. 16,2015
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`Nov. 16,2015
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`Nov. 16,2015
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`May 06, 2015
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`May 06, 2015
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`Apr. 09, 2014
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`Apr. 04, 2014
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`Apr. 04, 2014
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`Mar. 12, 2014
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`Mar. 05, 2014
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`Feb. 26, 2014
`
`Feb. 26, 2014
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`Sep. 11, 2013
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`Aug. 30, 2013
`
`May 25, 2011
`
`May 25, 2011
`
`Mar. 23, 2011
`
`Jan.30,2009
`
`Dec. 05, 2008
`
`May 17, 2007
`
`May 17, 2007
`
`68335
`
`68335
`
`88888
`
`88888
`
`88888
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`REGISTERED AND RENEWED (THIRD RENEWAL - 10 YRS)
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`TEAS SECTION 8 & 9 RECEIVED
`
`ATTORNEY/DOM.REP.REVOKED AN D/OR APPOINTED
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE)
`ENTERED
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE)
`ENTERED
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE)
`ENTERED
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`ATTORNEY/DOM.REP.REVOKED AN D/OR APPOINTED
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE)
`ENTERED
`
`88888
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`CASE FILE IN TICRS
`
`NOTICE OF DESIGN SEARCH CODE MAILED
`
`REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS)
`
`68335
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`

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`1 0/20/2020
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`Status Search SN 0,827,921
`
`May 16, 2007
`
`ASSIGNED TO PARALEGAL
`
`68335
`
`Apr. 16, 2007
`
`Apr. 16, 2007
`
`Apr. 25, 1987
`
`Apr. 06, 1987
`
`REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
`
`TEAS SECTION 8 & 9 RECEIVED
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 20 YRS)
`
`REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8
`
`TM Staff and Location Information
`
`TM Staff Information - None
`
`File Location
`
`Current Location: GENERIC WEB UPDATE
`
`Date in Location: Sep. 13, 2017
`
`Assignment Abstract Of Title Information
`
`Summary
`
`Total Assignments: 45
`
`Convey
`
`Registrant: CALIFORNIA PACKIN
`
`Assignment 1 of 45
`
`Assignment 2 of 45
`
`Assignment 3 of 45
`
`Assignment 4 of 45
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`Assignment 5 of 45
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`Assignment 6 of 45
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`Assignment 7 of 45
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`Assignment 8 of 45
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`Assignment 9 of 45
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`Assignment 10 of 45
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`Assignment 11 of 45
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`Assignment 12 of 45
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`Assignment 13 of 45
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`Assignment 14 of 45
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`Assignment 15 of 45
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`Assignment 16 of 45
`
`Assignment 17 of 45
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`Assignment 18 of 45
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`Assignment 19 of 45
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`Assignment 20 of 45
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`Assignment 21 of 45
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`Assignment 22 of 45
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`Assignment 23 of 45
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`Assignment 24 of 45
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`Assignment 25 of 45
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`Assignment 26 of 45
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`Assignment 27 of 45
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`Assignment 28 of 45
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`Assignment 29 of 45
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`Assignment 30 of 45
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`Assignment 31 of 45
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`Assignment 32 of 45
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`Assignment 33 of 45
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`Assignment 34 of 45
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`Assignment 35 of 45
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`Assignment 36 of 45
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`Assignment 37 of 45
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`Assignment 38 of 45
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`Assignment 39 of 45
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`Assignment 40 of 45
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`Assignment 41 of 45
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`Assignment 42 of 45
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`Assignment 43 of 45
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`Privacy - Terms
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`Party type
`
`Proceel
`
`Assignment 44 of 45
`
`Assignment 45 of 45
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`Proceedings
`
`Summary
`
`Number of Proceedings: 17
`
`Type of Proceeding:
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`Opposition
`
`Type of Proceeding:
`
`Opposition
`
`Type of Proceeding:
`
`Opposition
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`Type of Proceeding:
`
`Opposition
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`Type of Proceeding:
`
`Opposition
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`Type of Proceeding:
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`Cancellation
`
`Type of Proceeding:
`
`Opposition
`
`Type of Proceeding:
`
`Opposition
`
`Type of Proceeding:
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`Opposition
`
`Type of Proceeding:
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`Opposition
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`Type of Proceeding:
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`Opposition
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`Type of Proceeding:
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`Opposition
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`Type of Proceeding:
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`Opposition
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`Type of Proceeding:
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`Opposition
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`Type of Proceeding:
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`Opposition
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`Type of Proceeding:
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`Opposition
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`Type of Proceeding:
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`Opposition
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`10/20/2020
`
`Status Search SN 0,881,339
`
`and a screenshot of any error messages you have received.
`
`For assistance with TSDR, email teas@gpt&go_v and include your serial number, the document you are looking for,
`
`STATUS
`
`DOCUMENTS
`
`MAINTENANCE
`
`Back to Search
`
`Print
`
`Generated on: This page was generated by TSDR on 2020-10-20 12:43:36 EDT
`
`Mark: DEL MONTE
`
`No Image exists for this
`case.
`
`US Serial Number: 72325278
`
`Application Filing Date: Apr. 23, 1969
`
`US Registration Number: 881339
`
`Registration Date: Nov. 25, 1969
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`
`Descriptor:
`
`LlVE/REGISTRATION/lssued and Active
`
`The trademark application has been registered with the Offic
`
`Status: The registration has been renewed.
`
`Status Date: Dec. 12, 2019
`
`Mark Information
`
`Mark Literal Elements: DEL MONTE
`
`Standard Character Claim: No
`
`Mark Drawing Type:
`
`1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)
`
`Related Properties Information
`
`Claimed Ownership of US 0075958, 0827921 and others
`
`Registrations:
`
`Goods and Services
`
`Note:
`
`The following symbols indicate that the registrant/owner has amended the goods/services:
`
`o Brackets [..] indicate deleted goods/services;
`
`. Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`
`. Asterisks *..* identify additional (new) wording in the goods/services.
`
`For:
`
`[SOFT DRINKS]
`
`International Class(es): 032
`
`U.S Class(es): 045 - Pri!
`
`Class Status: SECTION 8 - CANCELLED
`
`Privacy - Terms
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`Status Search SN 0,881,339
`
`Basis: 1(a)
`
`First Use: Apr. 23, 1964
`
`Use in Commerce: Apr. 24, 1964
`
`For: FRESH AND CANNED VEGETABLES, FRESH AND CANNED FRUITS, CANNED FRUIT AND VEGETABI
`
`] DRIED FRUITS, PICKLES, VEGETABLE RELISHES, HOT PEPPERS, AND CATSUP
`
`International Class(es): 001, 005, 029, 030, 031, 032
`
`U.S Class(es): 046 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Oct. 01, 1891
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Use in Commerce: Oct. 01, 1891
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: DEL MONTE FOODS, INC.
`
`Owner Address: 205 N. Wiget Lane
`
`Legal Department
`Walnut Creek, CALIFORNIA UNITED STATES 94598
`
`Legal Entity Type: CORPORATION
`
`State or Country Where DELAWARE
`
`Organized:
`
`Attorney/Correspondence Information
`
`Attorney of Record
`
`Attorney Name: Hara K. Jacobs
`
`Docket Number: 00209541
`
`Attorney Primary Email jM©ballardspahncom
`Address:
`
`Attorney Email Authorized: Yes
`
`Correspondent
`
`Correspondent Hara K. Jacobs
`
`Name/Address: Ballard Spahr LLP
`1735 Market Street, 51st Floor
`
`Philadelphia, PENNSYLVANIA UNITED STATES 19103-7599
`
`Phone: 215.864.8209
`
`Fax: 215.864.8999
`
`Correspondent e-mail:
`
`jacobsh@ballardspahr.com
`
`dm tmdocketing@ballardspahr.com
`
`Egensm@ballardspahr.com
`
`.
`.
`Domestic Representative - Not Found
`
`Correspondent e-mail Yes
`
`Authorized:
`
`Privacy - Terms
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`Status Search SN 0,881,339
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`Prosecution History
`
`Description
`
`Proceeding Number
`
`Date
`
`Jun. 03, 2020
`
`Dec. 12,2019
`
`Dec. 12,2019
`
`Dec. 12,2019
`
`Dec. 12,2019
`
`Oct. 29, 2019
`
`May 15, 2017
`
`May 15, 2017
`
`Dec. 11,2015
`
`Dec. 11,2015
`
`Nov. 16,2015
`
`Nov. 16,2015
`
`Nov. 16,2015
`
`May 06. 2015
`
`May 06, 2015
`
`Apr. 09, 2014
`
`Apr. 04, 2014
`
`Apr. 04, 2014
`
`Mar. 12, 2014
`
`Mar. 05, 2014
`
`Feb. 26, 2014
`
`Feb. 26, 2014
`
`Sep. 11, 2013
`
`Aug. 30, 2013
`
`May 25, 2011
`
`May 25, 2011
`
`Mar. 23, 2011
`
`Mar. 09, 2011
`
`Jan. 15, 2010
`
`Jan. 15, 2010
`
`Jan. 15, 2010
`
`Sep. 24, 2009
`
`Sep. 24, 2009
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`REGISTERED AND RENEWED (FOURTH RENEWAL - 10 YRS)
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`TEAS SECTION 8 & 9 RECEIVED
`
`ATTORNEY/DOM.REP.REVOKED AN D/OR APPOINTED
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE)
`ENTERED
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE)
`ENTERED
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE)
`ENTERED
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`ATTORNEY/DOM.REP.REVOKED AN D/OR APPOINTED
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE)
`ENTERED
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`NOTICE OF SUIT
`
`REGISTERED AND RENEWED (THIRD RENEWAL - 10 YRS)
`
`REGISTERED - SEC. 9 GRANTED/CHECK RECORD FOR SEC. 8
`
`REGISTERED - PARTIAL SEC. 8 (10-YR) ACCEPTED
`
`REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
`
`TEAS SECTION 8 & 9 RECEIVED
`
`70997
`
`70997
`
`70997
`
`88888
`
`88888
`
`88888
`
`88888
`
`68335
`
`68335
`
`68335
`
`68335
`
`httpszl/tsdr.uspto.gov/#caseNumber=0,881,339&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
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`NOV. 13, 2008
`
`Dec.23,1999
`
`Dec.23,1999
`
`OcLO4,1999
`
`Nov.20,1989
`
`Aug.21,1989
`
`Aug.07,1989
`
`Aug.07,1989
`
`Jun.12,1989
`
`CASE FILE IN TICRS
`
`Status Search SN 0,881,339
`
`REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS)
`
`REGISTERED - SEC. 9 GRANTED/CHECK RECORD FOR SEC. 8
`
`REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`RESPONSE RECEIVED TO POST REG. ACTION
`
`POST REGISTRATION ACTION MAILED - SEC. 9
`
`POST REGISTRATION ACTION MAILED - SEC. 9
`
`REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8
`
`TM Staff and Location Information
`
`TM Staff Information - None
`
`File Location
`
`Current Location: POST REGISTRATION
`
`Date in Location: Dec. 12, 2019
`
`Assignment Abstract 0f Title Information
`
`Summary
`
`Total Assignments:
`
`44
`
`Convey
`
`Registrant: DEL MONTE CORPO
`
`Assignment 1 of 44
`
`Assignment 2 of 44
`
`Assignment 3 of 44
`
`Assignment 4 of 44
`
`Assignment 5 of 44
`
`Assignment 6 of 44
`
`Assignment 7 of 44
`
`Assignment 8 of 44
`
`Assignment 9 of 44
`
`Assignment 10 of 44
`
`Assignment 11 of 44
`
`Assignment 12 of 44
`
`Assignment 13 of 44
`
`Assignment 14 of 44
`
`httpszlltsdr.uspto.gov/#caseNumber=0,881,339&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
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`Assignment 15 of 44
`
`Assignment 16 of 44
`
`Assignment 17 of 44
`
`Assignment 18 of 44
`
`Assignment 19 of 44
`
`Assignment 20 of 44
`
`Assignment 21 of 44
`
`Assignment 22 of 44
`
`Assignment 23 of 44
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`Assignment 24 of 44
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`Assignment 25 of 44
`
`Assignment 26 of 44
`
`Assignment 27 of 44
`
`Assignment 28 of 44
`
`Assignment 29 of 44
`
`Assignment 30 of 44
`
`Assignment 31 of 44
`
`Assignment 32 of 44
`
`Assignment 33 of 44
`
`Assignment 34 of 44
`
`Assignment 35 of 44
`
`Assignment 36 of 44
`
`Assignment 37 of 44
`
`Assignment 38 of 44
`
`Assignment 39 of 44
`
`Assignment 40 of 44
`
`. Privacy - Terms
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`Status Search SN 0,881,339
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`Party type
`
`Proceet
`
`Assignment 41 of 44
`
`Assignment 42 of 44
`
`Assignment 43 of 44
`
`Assignment 44 of 44
`
`Proceedings
`
`Summary
`
`Number of Proceedings: 19
`
`Type of Proceeding:
`
`Opposition
`
`Type of Proceeding:
`
`Opposition
`
`Type of Proceeding:
`
`Opposition
`
`Type of Proceeding:
`
`Opposition
`
`Type of Proceeding:
`
`Opposition
`
`Type of Proceeding:
`
`Cancellation
`
`Type of Proceeding:
`
`Opposition
`
`Type of Proceeding:
`
`Opposition
`
`Type of Proceeding:
`
`Opposition
`
`Type of Proceeding:
`
`Opposition
`
`Ty