OATLY DESIGN

View On IC.GC.CA

REGISTERED

on 18 Jul 2022

Last Applicant/ Owned by

OATLY AB

Box 588SE-201 25 MALMÖ,

Serial Number

1960172 filed on 30^th Apr 2019

Registration Number

TMA1134488 registered on 18^th Jul 2022

Registration expiry Date

18^th Jul 2032

Correspondent Address

SMART & BIGGAR LP

1100-150 York StreetToronto

ONTARIO

M5H3S5

OATLY DESIGN

Trademark usage description

dietary supplements for general health and well-being and for promoting weight loss; dietic substances consisting of vitamins, minerals, amino acids a Read More

Vienna Information

5 . 7 . 3

Panicles of cereals (oats, rice, etc.)Panicules de céréales (avoine, riz, etc.)

24 . 17 . 1

Punctuation marksSignes de ponctuation

24 . 17 . 4

Exclamation marks, question marksSignes d'exclamation, signes d'interrogation

26 . 1 . 1

CirclesCercles

26 . 1 . 3

One circle or ellipseUn cercle ou une ellipse

26 . 1 . 24

Circles or ellipses with dark surfaces or parts of surfacesCercles ou ellipses avec surface ou partie de la surface foncée

26 . 3 . 1

One triangleUn triangle

26 . 3 . 15

Triangles containing representations of animals or parts of animals' bodies or plantsTriangles contenant la représentation d'animaux, ou de parties du corps d'un animal ou de végétaux

26 . 3 . 24

Triangles with dark surfaces or parts of surfacesTriangles avec surface ou partie de la surface foncée

26 . 3 . 26

Triangles with cutout areasTriangles avec des zones découpées

27 . 1 . 1

Letters or numerals forming geometrical figures, written or typographical matter in perspectiveLettres ou chiffres formant des figures géométriques, inscriptions en perspective

27 . 1 . 5

Letters or numerals forming a triangle (surface or periphery)Lettres ou chiffres formant un triangle (surface ou pourtour)

27 . 1 . 6

Letters or numerals forming a circle or a circumferenceLettres ou chiffres formant un cercle ou une circonférence

27 . 5 . 1

Letters presenting a special form of writingLettres présentant un graphisme spécial

27 . 5 . 8

Letters linked to or containing a figurative element -- Note: Letters representing a human being or a part of the human body, an animal or a part of an animal's body, a plant, a heavenly body, a natural phenomenon or an object are classified in division 27.3.Lettres liées à un élément figuratif ou contenant un élément figuratif -- Note: Les lettres représentant un être humain ou une partie du corps humain, un animal ou une partie du corps d'un animal, un végétal, un corps céleste, un phénomène naturel ou un objet sont classées dans la division 27.3.

Classification Information

Class [005]
Dietary supplements for general health and well-being and for promoting weight loss; dietic substances consisting of vitamins, minerals, amino acids and trace elements; vitamin and mineral food supplements and vitamin and mineral dietary food supplements; nutritional supplements for general health and well-being containing oats and extracts of oats; dietary fibre as a food additive; oat-based food supplements and oat-based dietary supplements for general health and well-being and for promoting weight loss; dietary supplement drink mixes containing oats and extracts of oats for general health and well-being; oat-based dietary supplemental drinks in the nature of vitamin and mineral beverages [nutritional supplements]; food for babies; functional foods, functional health foods and nutraceuticals for therapeutic purposes and for use as nutritional supplements and dietary supplements all used for promoting general health and well-being; functional foods for slimming purposes; functional beverages for slimming purposes; probiotic supplements for medical purposes to help maintain a natural balance of flora in the digestive system; 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 general health and well-being for persons with special dietary requirements, namely, vegetarians, vegans, pescatarians and people with food allergies; 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 dietary supplemental drinks in the nature of vitamin and mineral beverages [milk substitutes]; oat-based grains and cereals products for slimming purposes; grain-based products for slimming purposes; oat-based dietary supplemental drinks in the nature of vitamin and mineral beverages [not milk substitutes]; oat-based dietary supplement drink mixes containing vitamins and minerals [milk substitutes].

Classification kind code

Class [009]
Digital audio tape players; digital audio players; cd players; portable music players; software to detect coffee shop locations and other retail store locations; software for online messaging and marketing in the field of coffee shops and other retail store locations; software to detect coffee shop locations and other retail store locations for websites and webhosting; sports eyewear, sports glasses; eyewear cases, namely cases for eyeglasses, cases for sunglasses, contact lens cases; glasses, namely, eyeglasses, sun glasses and contact lenses; frames for glasses, namely, frames for eyeglasses, frames for sunglasses; application software (apps) for cloud computing services, for application and database integration, for social networking services and streaming movies, televisions shows, and music via internet, for playing games and for enhancing the audio-visual capabilities of multimedia applications, all for smart phones, mobile phones, tablet computers, smart watches, TV and smart TV; mobile apps for cloud computing services, for application and database integration, for social networking services and streaming movies, television shows, and music via internet, for playing games and for enhancing the audio-visual capabilities of multimedia applications, all for smart phones, mobile phones, tablet computers and smart watches; downloadable computer programs to detect coffee shop locations and other retail store locations; downloadable digital recipes and collections of recipes in electronic format.

Classification kind code

Class [014]
Precious metals and their alloys; key rings; cuff links; tie pins; tie clips; ornaments, figurines and statuettes made of precious metal or coated therewith; watches; clocks; jewelry; precious stones; timepieces; watch buckles, watch strap buckles; watch straps.

Classification kind code

Class [018]
Briefcases; attaché cases; briefcase-type portfolios; suitcases; suit bags; purses; business card holders; credit card holders; backpacks; key cases; coin holders; trunks and travelling bags; cosmetic bags; toilet bags, and bags for shaving kits; bags, namely, all-purpose carrying bags; duffle bags, tote bags; handbags; wallets; billfolds; change purses; luggage; overnight cases; umbrellas and parasols; walking sticks.

Classification kind code

Class [021]
Tableware, namely, tea services, coffee services, coffee scoops, ice scoops and drink coasters, not of paper or textile; cookware, namely, pots and pans, steamers, roasting pans and cookware for use in microwave ovens; household and kitchen food and beverage storage containers made of plastic; household and kitchen food and beverage storage containers made out of glass; household and kitchen food and beverage storage containers made out of metal; household and kitchen food and beverage storage containers made out of paper; household and kitchen storage food and beverage containers made out of cardboard; drinking glasses, drinking vessels and barware, namely, highball glasses, hatch glasses, namely, whiskey glasses, cocktail glasses, carafes, decanters, coupe glasses, snifters, mugs; serving pots and jugs, non-electric coffee pots and tea pots; milk jugs; jugs for frothing milk; non-electric milk frothers; cups, saucers and mugs; bowls.

Classification kind code

Class [025]
Clothing, footwear and headwear for women, men, boys and girls, namely, jump suits, shirts, blouses, jackets, bathing suits; clothing, footwear and headwear for women, men, boys and girls, namely, pants, belts, shorts; clothing, footwear and headwear for women, men, boys and girls, namely, warm-up suits, sweatpants and sweatshirts, walking shorts; clothing, footwear and headwear for women, men, boys and girls, namely, jeans, suits, dinner jackets and formal wear, sports jackets; clothing, footwear and headwear for women, men, boys and girls, namely, knitted tops, ties and other neckwear, namely bow ties, bolo ties; clothing, footwear and headwear for women, men, boys and girls, namely, stockings, tights; clothing, footwear and headwear for women, men, boys and girls, namely, hats, caps, scarves, shawls, coats, outer coats, vests, sweaters; clothing, footwear and headwear for women, men, boys and girls, namely, dresses, skirts, t-shirts, beach and swimming cover-ups; clothing, footwear and headwear for women, men, boys and girls, namely, rainwear, rain coats, ponchos, tank tops, camisoles; tennis and golf apparel, namely, dresses, tops, skirts, pants, and shorts; biking and running and yoga apparel, namely, tops, tank tops, skirts, pants, short pants, shorts and jackets; footwear, namely, shoes, active sport shoes, sneakers, boots, slippers; blazers, pants, capes, socks, gloves; underwear; underwear, sleepwear and loungewear for men and boys, namely, briefs, boxer shorts; underwear, sleepwear and loungewear for men and boys, namely, athletic underwear, sport knit shirts; underwear, sleepwear and loungewear for men and boys, namely, t-shirts, tank tops, undershirts, basic underwear; underwear, sleepwear and loungewear for men and boys, namely, robes, knitted and woven sleepwear, sleep shirts, pajama tops, pajama bottoms; underwear, sleepwear and loungewear for men and boys, namely, breakfast jackets, smoking jackets, bed jackets, cover-ups; knitted and woven loungewear, lounging pants, and tops, lounge jackets; intimate apparel and bodywear for women and girls namely, underwear, sleepwear and loungewear; belts; belts [clothing].

Classification kind code

Class [029]
Milk substitutes; milk substitutes containing oats; oat milk [milk substitute]; oat-based beverages and drinks for use as a milk substitute; milk substitute based beverages and drinks [milk substitute predominating]; dairy substitutes; dairy product substitutes.

Classification kind code

Class [030]
Processed grains, starches, and goods made thereof, namely, starch for food, baking preparations, namely, baking soda, baking powder and baking spices, and yeasts; flour, oat-based food and foodstuffs, namely oatmeal, oat flakes; oatmeal, rolled oats; cereals, namely, oat bran cereals, processed cereals, namely, breakfast cereals; food preparations and foodstuffs made from cereals, namely, oat bran cereals, processed cereals, namely, breakfast cereals; crisps made of cereals; breakfast cereals; breakfast cereals containing fibre; breakfast cereals containing a mixture of fruit and fibre; cereals flakes; muesli consisting predominantly of cereals; cereal bars and energy-bars; cereal powders; oat flakes; muesli; oat-based gruel; snack foods consisting principally of grain; snack foods consisting principally of extruded cereals; cereal snacks; snack foods and snack products made from cereals; snacks made from muesli; snack foods made of whole wheat; bread; wholemeal bread and bread mixes; wholewheat bread and crisps; whole wheat grains being cooked, precooked and preserved; biscuits; pastry and confectionery made of sugar; oat-based cake mixes, oat-based biscuit mixes; coffee; decaffeinated coffee; instant coffee; coffee (roasted, in powder form); artificial coffee; coffee drinks and 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; Corn starch derivatives in powder form for making into drinks; powdered preparations containing cocoa for use in making beverages; oat-based drinks in powder form; Food dressings in the nature of sauces, namely, cooking meal preparation sauces for combination with other cooked ingredients to yield completed food dishes; pasta sauces and savoury sauces used as condiments, namely chutneys, ketchup, mustard, relish, horseradish, hot sauce, chilli sauce, mayonnaise, aioli, white sauce, barbecue sauce, bearnaise sauce, hollandaise sauce, remoulade and dipping sauce; cooking sauces, namely, plant-based sauces; prepared foodstuffs in the form of sauces namely, meal preparation sauces for combination with other cooked ingredients to yield completed food dishes, salad dressings, pasta sauces and savoury sauces used as condiments, namely chutneys, ketchup, mustard, relish, horseradish, hot sauce, chilli sauce, mayonnaise, aioli, white sauce, barbecue sauce, bearnaise sauce, hollandaise sauce, remoulade and dipping sauce; 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; soy-based ice cream; milk substitutes frozen yoghurt; non-dairy frozen yoghurt; fermented foodstuffs based on oats, namely, oat-based soy sauce; acidified food-stuffs based on oats, namely, meals consisting primarily of acidified oats; oat based food spread; oat-based sauces, oat-based vanilla custard, oat-based ice-cream.

Classification kind code

Class [032]
Preparations for making beverages, namely, preparations for making fruit beverages, fruit-based and fruit-flavored beverages, vegetable juices, smoothies, soya-based beverages not being milk substitutes, whey beverages, isotonic beverages and sports beverages; non-alcoholic beverages, namely, non-alcoholic and non-dairy malt syrup-based oat beverages, non-alcoholic and non-dairy malt powder-based oat beverages, non-alcoholic fruit-based beverages, non-alcoholic water-based beverages, soft drinks and carbonated water beverages, non-alcoholic beverages containing fruit juices, non-alcoholic beverages flavored with coffee, non-alcoholic beverages flavored with tea; non-alcoholic drinks, namely, isotonic non-alcoholic drinks, carbonated non-alcoholic drinks and energy shots; oatbased beverages; oat-based natural energy drinks; oat-based breakfast drinks; oatbased fruit drink beverages; oat-based smoothie beverages; oat-based fruit and berry drinks and beverages; oat-based drinks and beverages for slimming purposes; energy drinks; energy drinks containing caffeine; recovery drinks, namely, protein-enriched sports drinks and sports drinks containing electrolytes; sports drinks; functional beverages, namely, sports drinks containing electrolytes, nutrified fruit drinks; functional water-based beverages, namely, water-based sports drinks, water-based energy drinks and water-based sports recovery drinks; nut and soy based 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 and beverages; powders for the preparation of beverages, namely, powders used in the preparation of soft drinks; powders for use in preparation of fruit based beverages; fruit and berry beverages based on oats; oat-based smoothies.

Classification kind code

Class [035]
Business management of wholesale and retail outlets; retail services in relation to food and foodstuffs, beverages and drinks, food supplements and dietary food supplements, dietary supplements and dietic preparations; retail services in relation to functional foods, functional health foods and functional beverages, slimming nutritional supplement food and beverages; retail services in relation to dairy substitutes and dairy product substitutes, processed grains, oats and oat-based products; retail services in relation to apparatus for recording, transmission or reproduction of sound and images, namely, digital audio tape players, digital audio players, cd players, portable multimedia players, namely, MP3 players, portable music players; retail services in relation to gloves, belts, wallets, hand bags, cases and bags; retail services in relation to software, eyewear, clothing, footwear, headwear; retail services in relation to precious metals, key rings, cuff links, tie pins, tie clips, clocks, watches, jewelry and precious stones; online retail services relating to food and foodstuffs, beverages and drinks, food supplements and dietary food supplements, dietary supplements and dietic preparations; online retail services relating to functional foods, functional health foods and functional beverages, slimming nutritional supplement food and beverages; online retail services relating to dairy substitutes and dairy product substitutes, processed grains, oats and oat-based products; online retail services relating to digital music players, audio cassette players and audio cassette recorders, DVD players and recorders, optical disk players, digital audio tape players, MP3 players, video players and recorders; online retail services relating to gloves, belts, wallets, hand bags, cases and bags; online retail services relating to software, eyewear, clothing, footwear, headwear; online retail services relating to precious metals, key rings, cuff links, tie pins, tie clips, clocks, watches, jewelry and precious stones.

Classification kind code

Class [039]
Freight transportation by boat, rail and truck; packaging and storage of food and beverages.

Classification kind code

Class [041]
Education services relating to nutrition; dietary education services; providing of training in the field of personal health care and nutrition; provision of instruction relating to nutrition; instruction in nutrition [not medical] and instruction in diet [not medical]; training related to nutrition and diet.

Classification kind code

Class [043]
Provision of food and drink, namely, catering for the provision of food and beverages; café services and cafeteria services; cafés and cafeterias; take away food and drink services; take away café and cafeteria services.

Classification kind code

Mark Details

Serial Number

1960172

Mark Type

Trademark

Legal History

Action Taken	Status
Submitted for opposition 42 on 30^th Mar 2022	Advertised
Submitted for opposition 26 on 25^th Jan 2022	Approved
Submitted for opposition 27 on 25^th Jan 2022	Approval Notice Sent
Submitted for opposition 15 on 24^th Sept 2021	Correspondence Created
Submitted for opposition 22 on 13^th Jan 2021	Search Recorded
Submitted for opposition 20 on 13^th Jan 2021	Examiner's First Report
Submitted for opposition 48 on 31^st Aug 2020	Agent Changed
Submitted for opposition 31 on 3^rd May 2019	Formalized
Submitted for opposition 1 on 1^st May 2019	Created
Submitted for opposition 30 on 30^th Apr 2019	Filed

OATLY DESIGN

Classification Information

Classification kind code

Classification kind code

Class [014]Precious metals and their alloys; key rings; cuff links; tie pins; tie clips; ornaments, figurines and statuettes made of precious metal or coated therewith; watches; clocks; jewelry; precious stones; timepieces; watch buckles, watch strap buckles; watch straps.

Classification kind code

Classification kind code

Classification kind code

Classification kind code

Class [029]Milk substitutes; milk substitutes containing oats; oat milk [milk substitute]; oat-based beverages and drinks for use as a milk substitute; milk substitute based beverages and drinks [milk substitute predominating]; dairy substitutes; dairy product substitutes.

Classification kind code

Classification kind code

Classification kind code

Classification kind code

Class [039]Freight transportation by boat, rail and truck; packaging and storage of food and beverages.

Classification kind code

Classification kind code

Class [043]Provision of food and drink, namely, catering for the provision of food and beverages; café services and cafeteria services; cafés and cafeterias; take away food and drink services; take away café and cafeteria services.

Classification kind code

Mark Details

Serial Number

Mark Type

Legal History

Class [014]
Precious metals and their alloys; key rings; cuff links; tie pins; tie clips; ornaments, figurines and statuettes made of precious metal or coated therewith; watches; clocks; jewelry; precious stones; timepieces; watch buckles, watch strap buckles; watch straps.

Class [029]
Milk substitutes; milk substitutes containing oats; oat milk [milk substitute]; oat-based beverages and drinks for use as a milk substitute; milk substitute based beverages and drinks [milk substitute predominating]; dairy substitutes; dairy product substitutes.

Class [039]
Freight transportation by boat, rail and truck; packaging and storage of food and beverages.

Class [043]
Provision of food and drink, namely, catering for the provision of food and beverages; café services and cafeteria services; cafés and cafeterias; take away food and drink services; take away café and cafeteria services.