LEAFING TREE INSIDE A CIRCLE

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REGISTERED

on 24 Jul 2024

Last Applicant/ Owned by

SUNOPTA INC.

7078 Shady Oak RoadEden Prairie MN 55344

Serial Number

2205825 filed on 25^th May 2021

Correspondent Address

GOWLING WLG (CANADA) LLP

SUITE 2600, 160 ELGIN STREETOTTAWA

ONTARIO

K1P1C3

LEAFING TREE INSIDE A CIRCLE

Trademark usage description

fibers, namely, oat, soy, pea, agave, cellulose, rice, sunflower and flax extracts and their blends in insoluble and soluble form for use in the manuf Read More

Vienna Information

1 . 3 . 2

Other representations of the sunAutres représentations du soleil

1 . 3 . 9

Sun with plantsSoleil avec végétaux

1 . 3 . 16

Sun with rays constituted by flames or wavy lines, sheaves of lines or bandsSoleil à rayons constitués par des flammes ou par des traits, des faisceaux de traits ou des bandes ondulées

5 . 1 . 3

Trees or bushes of some other shapeArbres ou arbustes présentant une autre forme

5 . 1 . 5

One tree or one bushUn arbre ou un arbuste

5 . 1 . 11

Deciduous treesFeuillus

5 . 1 . 16

Trees or bushes in stylized formArbres ou arbustes stylisés

5 . 5 . 19

Other flowers, blossoms -- Notes: (a) Including flowers or blossoms of trees (cherry trees, peach trees, apple trees) and of bushes. -- (b) Including flowers of protea and strelitzia.Autres fleurs -- Notes: (a) Y compris les fleurs d'arbres (cerisiers, pêchers, pommiers) et d'arbustes. -- (b) Y compris les fleurs de protea et de strelitzia.

5 . 5 . 20

Stylized flowersFleurs stylisées

5 . 5 . 21

One flowerUne fleur

5 . 5 . 24

Flower petalsPétales de fleur

Classification Information

Class [001]
Fibers, namely, oat, soy, pea, agave, cellulose, rice, sunflower and flax extracts and their blends in insoluble and soluble form for use in the manufacture of other food and beverage products; Enzyme stabilizers for food comprised of food starches, edible gums and hydrocolloids; artificial sweeteners; chemical additives for non-nutritional purposes for use in the manufacture of food products; blends of plant extracts to be used in the manufacture of food; processed natural and organic soy fibers and okra fibers used as an ingredient for making other foods by food manufacturers.

Classification kind code

Class [005]
Dietary and nutritional supplements for general health and well being; dietary food supplements for general health and well being; baby foods; infant formula; nutritional supplements for general health and well being; dietary supplements for general health and well being; vitamins; mineral supplements; cough, cold and sore throat remedies; nutritional supplement drinks for general health and well being; powdered nutritional supplement drink mixes for general health and well being; edible dietary fibers from plant sources for use as an additive for dietary food products in the nature of dietary supplements for general health and well being; blends of plant-based edible fibers for use as dietary supplements for general health and well being; oat powder for use as a dietary or nutritional supplement; instant oat powder used in the preparation of oat-based beverages for use as a dietary or nutritional supplement; gummy vitamins; nutrition supplement energy bars for boosting energy; nutritional and dietary supplements for general health and well being formed and packaged as bars; dietary and nutritional supplements for children and infants for general health and well being; nutritional supplements in the form of syrups for general health and well being; nutritional supplements in the form of sauces for general health and well being; processed oat fiber, namely, ground oat fiber for use as a dietary supplement.

Classification kind code

Class [029]
Frozen fruit; frozen vegetables; fruit purees; vegetable purees; non-dairy beverages, namely, soybean milk in liquid and powder form, almond milk, sunflower milk, rice milk; broth; processed edamame; soy-based snack foods; processed sunflower seed-based snack foods; fruit leathers; fruit-based organic food bars; dried fruits; dried soybeans; vegetable oils; processed nuts and nut butters; processed seeds, namely, prepared edible chia seeds, pumpkin seeds, sunflower seeds, watermelon seeds, plantain seeds, and poppy seeds; processed soybeans, namely, toasted, extruded, milled soybeans, okra, namely, soy milk, soy milk powder for use in cooking and preparation of food and beverages; fruit concentrates for culinary purposes; fruit-based toppings; custom-processed fruit for use in the manufacture of foods, namely, candied fruit, crystallized fruit, dehydrated fruits, dried fruit, frozen fruit, and pickled fruits; oat liquid extract for use in preparation of oat milk, creamer, smoothies, yogurt, non-dairy spreads, and cheeses; soups; soup mixes; formed textured vegetable protein for use as a meat substitute; dairy-based food beverages; dairy-based beverages; creamers for beverages in the nature of coffee creamers; non-dairy milk used as a milk substitute; nut-based milk; nut-based food beverages being milk substitute; nut and seed-based snack bars; soy-based food bars; vegetable-based raw food bars; nut-based snack foods; roasted nut and seed snacks; roasted nuts; oat-based food beverages, namely, non-dairy milk; soy-based food beverages, namely, non-dairy milk; hemp-based food beverages, namely, non-dairy milk; almond-based food beverages, namely, non-dairy milk; rice-based food beverages, namely, non-dairy milk; pea-based food beverages, namely, non-dairy milk; plant-based milk substitutes; whey-based milk substitutes; fermented milk substitutes; plant-based food products based on nuts, oats, soy, flax, hemp, rice or pea protein, namely, cheese, butter, yogurt, cream cheese, plant-based spreads and egg replacements; chickpea-based food beverage, namely, non-dairy creamer; non-dairy based whipped topping; prepared meals consisting of meat substitutes; plant-based prepared meals; dehydrated fruit snacks; fruit-based snack bars; dried fruit-based snack bars; cold-pressed fruit-based food bars; fruit-based food bars; fruit-based food bars also containing seeds; seed-based snack bars also containing fruit; cut fruit and seed mixtures; prepackaged meals consisting primarily of fruit and seeds; fruit-based snacks also containing seeds; seed-based snacks also containing fruit; fruit and vegetable purees containing seeds; seed purees containing fruits and vegetables; organic cut fruit and seed mixtures; organic fruit and vegetable purees containing seeds; organic seed purees containing fruits and vegetables; mixes for making broth; soy milk; sunflower milk; processed chick peas; seed-based snack foods; roasted seeds being roasted nuts, roasted edible pumpkin seeds, roasted watermelon seeds, and roasted edible pumpkin seeds; bean-based snack foods; dried fruit snacks; vegetable chips; sunflower seed butters; nut butters; nut butter substitutes made from chick peas; canned fruits; canned vegetables; fruit-based organic food bars; fruit-based snack foods; vegetable-based snack foods; applesauce; processed edible seeds, namely, prepared edible chia seeds, pumpkin seeds, sunflower seeds, watermelon seeds, plantain seeds, and poppy seeds; processed sunflower kernels; processed nuts; formed textured soy protein for use as a meat substitute; sunflower oil; safflower oil; soybean oil; trail mix consisting primarily of processed nuts, seeds, or dried fruit and also containing chocolate; snack mix consisting primarily of processed nuts, seeds and soy nuts and with added toasted corn; snacks consisting primarily of processed nuts, nuts and seeds mixes and soy nuts and with added toasted corn; nut and seed-based snack bars; processed packaged edamame; soybean milk; rice milk for use as a milk substitute; hemp milk for use as a milk substitute; processed edible seeds, namely, in-shell sunflower seeds and kernel sunflower seeds with oleic oil; vegetable-based snack bars; fruit-based snack bites; fruit- and seed-based snack bites; fruit-based snack bites; fruit-based snack bars; fruit-based breakfast bars; fruit-based breakfast bites; fruit and nut bars; fruit and nut bites; fruit, nut and grain bites; fruit, nut and grain bars; fruit, seed and grain bar; fruit, seed and grain bites; fruit balls; fruit and seed balls; fruit and nut balls; fruit and grain balls; fruit, nut, seed and grain balls; dehydrated fruit; freeze dried fruit; freeze dried fruit snacks; powdered fruit being dried fruits in powdered form; fruit blends as ingredients for yogurt and ice cream; fruit-based fillings and toppings for applications in bakeries, food service, and retail; bases being mixes for making milk shakes; cream-based preparations for making ice cream; shakes, namely, protein shakes, shakes containing skim milk powder, milk protein concentrate, oats and fruit, and milk shakes; frozen fruit bars with fruit particulates; frozen plant-based bars with fruit; frozen snacks made of fruit; frozen snacks primarily made of plant-based ingredients; frozen plant-based dessert being frozen fruit and soy based desserts; frozen plant-based breakfast, namely, frozen fruit-based food bars; frozen prepared breakfast entrees consisting primarily of fruit packaged in bowls; frozen prepared breakfast entrees consisting primarily of seeds packaged in bowls; frozen prepared breakfast entrees consisting primarily of nuts packaged in bowls; frozen prepared desserts consisting primarily of fruit packaged in bowls; frozen desserts consisting primarily of seeds packaged in bowls; frozen desserts consisting primarily of nuts packaged in bowls; fruit cups comprised of processed fruits; almond milk for beverage; frozen soy based desserts.

Classification kind code

Class [030]
Corn-based snack foods; processed corn; organic natural sweeteners; agave syrup; coffee; cocoa; teas; milled corn, flaking corn grits, corn meals, corn flours and polenta, all for use in the manufacture of other food and beverage products; corn and rice maltodextrins for use as thickeners in the manufacture of food and beverage products; specialty starches, namely, corn starches and non-granular starches for preparation of food and beverage products to improve texture and reduce fat and calories; powdered seasonings; cereal powders in the nature of crushed oats; oat flour; oat liquids used in the preparation of grain-based food beverages in the nature of flavorings and bases, other than essential oils; processed oats; hydrolyzed oats; oat liquid used in the preparation of ice cream in the nature of extracts, other than essential oils, for flavoring foodstuffs; coffee-based beverages; tea-based beverages; grain-based beverages, namely, preparations made from cereals in the nature of cereal-based beverages being liquid meal replacements; cereal-based energy bars; granola-based snack bars; high-protein cereal bars; roasted corn snacks; frozen confections; frozen plant-based desserts based on nuts, oats, soy, flax, hemp, rice and pea protein, namely, ice cream, ice cream bars, ice cream sandwiches, and ice cream desserts; plant-based food beverages, namely, coffee, tea, and ready to drink tea, and ready-to-drink tea beverages that incorporate nuts, oats, soy, flax, hemp, rice or pea protein; bakery goods, namely biscuits and cookies; ready-to-eat cereals; processed cereals being ready-to-eat cereals; cereal-based snack foods and rice based snack foods; ready-to-drink coffee beverages; ready-to-drink tea beverages; cocoa-based beverages; chocolate-based beverages; ready-to-drink coffee-based and tea-based beverages; fruit ice bars; grain-based food bars also containing dried fruits; puddings; frozen puddings; frozen puddings sold in bowls; chia pudding; frozen chia pudding; chia pudding sold in bowls; plant-based pudding; organic puddings; fruit sauces; frozen fruit sauces; cereal-based energy bars; granola-based snack bars; high-protein cereal bars; roasted corn snacks; rice-based snack foods; wheat-based snack foods; pita chips; corn-based chips; dry honey; roasted seeds for use as seasonings and snacks; tomato sauce; ketchup; pasta sauce; salsa; processed oat fiber; corn flour; corn meal; corn grits; corn bran for human consumption; corn germ for human consumption; hominy; soy flour; natural sweeteners; corn syrup; rice syrup; vinegar powder; grain-based food bars also containing fruits, nuts, seeds; porridge; kombucha tea; oat powder for food purposes; oat powder for use as an ingredient in food products; nut flours; dried fruit flours; fruit sauces as ingredients for yogurt and ice cream; non-fruit sauces being caramel sauce for applications in yogurt, ice cream, and bakery; sauces for applications in bakeries, food service, and retail, namely, fruit sauces, dessert sauces, vegetable sauces, vanilla sauces, cheese sauce, caramel sauce; aseptic sauces for breakfast applications, namely, fruit sauces, dessert sauces, vegetable sauces, vanilla sauces, cheese sauce, caramel sauce; frozen sauces for breakfast applications, namely, fruit sauces, dessert sauces, vegetable sauces, vanilla sauces, cheese sauce, caramel sauce; plant-based food products based on nuts, oats, soy, flax, hemp, rice or pea protein, namely, caramel and chocolate-based dips and salad dressings; snacks, namely, toasted corn; frozen desserts consisting primarily of grains packaged in bowls; frozen prepared breakfast entrees consisting primarily of grains packaged in bowls; frozen desserts in the nature of trifles; grain-based snack bites; grain-based snack bars.

Classification kind code

Class [031]
Animal feed for birds, horses, and livestock; pet food; raw seeds, namely, in-shell sunflower seeds for use in the manufacture of other food and beverage products; unprocessed sunflower seeds; unprocessed grains; bird seed; raw nuts; unprocessed grains; unprocessed nuts; unprocessed seeds for agricultural purposes; unprocessed soybeans; processed oat protein sold as ingredient for animal feed.

Classification kind code

Class [032]
Fruit juices; vegetable juices; drinking waters; sparkling waters; flavored drinking waters; drinking water containing vitamins or electrolytes; powders used in the preparation of oat-based beverages, not being a milk substitute; smoothies; coconut water; organic smoothies; smoothie sold in bowls; frozen smoothies; fruit- and seed-based smoothies sold in bowls; smoothie kits comprised of smoothies; flavored water; seltzer water; bottled water; mineral water; drinking water containing electrolytes; fruit juice concentrates; vegetable juice concentrates; non-alcoholic beverages, namely, carbonated beverages, fruit-flavored beverages, drinking water containing vitamins or electrolytes; energy drinks; non-dairy beverages, namely, fruit-based food beverage; non-alcoholic beverages made from quinoa, namely, quinoa-based beverages; powders used in the preparation of oat-based beverages with fruit juice and milk not for food purposes; fruit juices for use as bases for beer and alcoholic beverages; smoothie blends; plant-based beverages, namely, beverages based on nuts, oats, soy, flax, hemp, rice and pea protein, not being milk substitutes; plant-based food products based on nuts, oats, soy, flax, hemp, rice or pea protein, namely, smoothies; plant-based beverages, namely, grain-based beverages that also include nuts, oats, soy, flax, hemp, rice and pea protein, not being milk substitutes.

Classification kind code

Class [035]
Business planning services, namely, strategic sourcing of goods and services for others; distributorship services featuring natural and organic food products; advertising, direct marketing of and promoting the goods and services of others; marketing services, namely, social media marketing and digital direct marketing of the goods and services of others; online customer based social media brand marketing services.

Classification kind code

Class [039]
Food and food ingredient packaging services for transport; food and food ingredient packaging services.

Classification kind code

Class [040]
Food processing services, namely, grain cleaning, grain milling and custom food ingredient processing, fiber processing; contract manufacturing in the field of food and beverage ingredients and food and beverage finished products; custom manufacturing of private label and branded food products, namely, packaged foods including snacks, beverages to the order and specification of others; manufacturing of private label and branded food products, namely, packaged foods including snacks and beverages.

Classification kind code

Class [042]
Design of food and food ingredient packaging; product research and development, namely, product development services; custom food and beverage ingredient and food and beverage finished product development.

Classification kind code

Class [044]
Grower services, namely, growing fruit, soybeans, corn, sunflowers, nuts, seeds, organic small grains, organic grains for use as forage, and organic fruit for others.

Classification kind code

Mark Details

Serial Number

2205825

Mark Type

Trademark

Legal History

Action Taken	Status
Submitted for opposition 22 on 5^th Jul 2023	Search Recorded
Submitted for opposition 20 on 5^th Jul 2023	Examiner's First Report
Submitted for opposition 223 on 5^th Jul 2023	Total Provisional Refusal
Submitted for opposition 256 on 26^th Jun 2023	Notification of Possible Opposition Sent
Submitted for opposition 135 on 4^th May 2023	Amendment to Application
Submitted for opposition 257 on 25^th Aug 2022	Designation Notification - Madrid Protocol
Submitted for opposition 1 on 24^th Aug 2022	Created
Submitted for opposition 31 on 24^th Aug 2022	Formalized
Submitted for opposition 30 on 25^th May 2021	Filed
Submitted for opposition 228 on 25^th May 2021	International Registration

LEAFING TREE INSIDE A CIRCLE

Classification Information

Classification kind code

Classification kind code

Classification kind code

Classification kind code

Classification kind code

Classification kind code

Classification kind code

Class [039]Food and food ingredient packaging services for transport; food and food ingredient packaging services.

Classification kind code

Classification kind code

Class [042]Design of food and food ingredient packaging; product research and development, namely, product development services; custom food and beverage ingredient and food and beverage finished product development.

Classification kind code

Class [044]Grower services, namely, growing fruit, soybeans, corn, sunflowers, nuts, seeds, organic small grains, organic grains for use as forage, and organic fruit for others.

Classification kind code

Mark Details

Serial Number

Mark Type

Legal History

Class [039]
Food and food ingredient packaging services for transport; food and food ingredient packaging services.

Class [042]
Design of food and food ingredient packaging; product research and development, namely, product development services; custom food and beverage ingredient and food and beverage finished product development.

Class [044]
Grower services, namely, growing fruit, soybeans, corn, sunflowers, nuts, seeds, organic small grains, organic grains for use as forage, and organic fruit for others.