marks published for opposition - U.S. Patent and Trademark Office

TM 830 OFFICIAL GAZETTE JULY 17, 2012
CLASS 29—(Continued).
SN 77-919,580. KOWA USA, INC.,, HUNTINGTON BEACH,
CA. FILED 1-25-2010.
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO
USE "PRODUCT OF MEXICO" THE PICTURE OF THE
ABALONE AND THE NET WEIGHT; "BRAND" AND THE
REALISTIC DEPICTION OF THE ABALONE AND THE
SHELLS; "WILD ABALONE" AND "NUTRITION FACTS, "
"PRODUCT OF MEXICO," AND "PACKED FOR KOWA
USA, INC. CA U.S.A. NET WT. 16 OZ (1LB.) 454G"; "WILD
FRESH ABALONE;" "MADE IN MEXICO;" "PLANTS IN
BAJA CALIFORNIA, MEXICO" , APART FROM THE MARK
AS SHOWN.
THE COLOR(S) RED, PINK, BEIGE, WHITE, BLUE,
GREEN, YELLOW, BROWN, PURPLE AND GRAY IS/ARE
CLAIMED AS A FEATURE OF THE MARK.
THE MARK CONSISTS OF A TOP AND A BOTTOM
BORDER IN PURPLE COLOR. INSIDE EACH OF THESE
TWO BORDERS, THE WORDS "CALSTAR" BRAND ARE
PRINTED FIVE TIMES. TO THE LEFT IN THE MIDDLE OF
THE MARK, THERE’S A PHOTO PRINT OF THE INTERIOR
SIDE OF AN ABALONE SHELL, AND TWO ABALONES
PLACED IN FRONT OF THE SHELL. THE ABALONE
SHELL HAS DIFFERENT SHADES OF COLORS INCLUD-
ING PINK, BLUE, GREEN, YELLOW, WHITE, BEIGE AND
BROWN. THE TWO ABALONES ARE IN BEIGE COLOR.
ABOVE THE PHOTO OF THE SHELL WITH TWO ABA-
LONES IS THE WORD "CALSTAR" IN RED COLOR WITH
BLUE FINE BORDERLINE. BELOW THE TWO ABALONES
TO THE RIGHT ARE THE WORDS "WILD ABALONE" IN
SMALLER BLUE COLOR PRINT. FURTHER BELOW THAT
IS THE WORD "ABALONE" IN RED COLOR WITH BLUE
FINE BORDERLINE. TO THE RIGHT OF THE SHELL AND
TWO ABALONES ARE SEVERAL CHINESE CHARACTERS.
THE FOUR CHINESE CHARACTERS IN RED WITH BLUE
FINE BORDERLINE TRANSLITERATES TO GIA ZHO ZI
SIN WHICH MEANS "CALSTAR". THE FOUR CHARAC-
TERS IN BLUE TRANSLITERATES TO YE SEN BAO CEN
WHICH MEANS "WILD FRESH ABALONE". TO THE
RIGHT OF THE NUTRITIONAL FACTS ARE THREE
CHINESE CHARACTERS IN BLUE WHICH TRANSLITE-
RATES TO MOU GUO TZI, WHICH MEANS "MADE IN
MEXICO". FURTHER, TO THE RIGHT, THERE IS A PHOTO
PRINT OF THE EXTERIOR OF AN ABALONE SHELL;
BEHIND THE SHELL WAS AN OUTLINE OF THE STATE
OF CALIFORNIA. THE EXTERIOR OF THE SHELL HAS
DIFFERENT SHADES INCLUDING BLUE, GREEN, YEL-
LOW, WHITE AND BROWN. ABOVE THE SHELL EXTER-
IOR TO THE RIGHT ARE THE WORDS "WILD ABALONE"
IN SMALLER BLUE PRINT. FURTHER ABOVE THE UPPER
PART OF THE CALIFORNIA STATE OUTLINE IS THE
WORD "WILD ABALONE" IN RED COLOR WITH BLUE
FINE BORDERLINE. TOWARD THE LOWER PART OF THE
CALIFORNIA STATE OUTLINE IS THE WORD "CALSTAR"
IN RED COLOR WITH BLUE FINE BORDERLINE. ON THE
CLASS 29—(Continued).
BOTTOM OF THE MARK ARE SEVERAL SMALLER
ABALONE SHELLS WITH SEVERAL STARS (WITH WHIT-
ISH TO PINKISH SHADES) AROUND THE SHELLS. IN THE
BACKGROUND OF THE MARK THERE ARE SEVERAL
PRINTS OF THE WORD "ABALONE" IN EITHER A
BROWNISH COLOR OR A WHITISH COLOR. IN THE
BACKGROUND OF THE MARK, THERE ARE ALSO
SEVERAL STARS IN GROUPS OR INDIVIDUALLY, WHICH
HAVE PINKISH TO WHITISH SHADES, OR BLUE TO
PURPLE SHADES.
THE NON-LATIN CHARACTERS IN THE MARK TRANS-
LITERATE TO "GIA ZHO ZI SIN" AND THIS MEANS
"CALSTAR" IN ENGLISH. THE NON-LATIN CHARACTERS
IN THE MARK TRANSLITERATE TO MEAN "YE SEN BAO
CEN" AND THIS MEANS "WILD FRESH ABALONE" IN
ENGLISH. THE NON-LATIN CHARACTERS IN THE MARK
TRANSLITERATE TO MEAN "MOU GUO TZI" AND THIS
MEANS "MADE IN MEXICO" IN ENGLISH.
FOR ABALONE, SEAFOOD (U.S. CL. 46).
FIRST USE 4-20-2009; IN COMMERCE 4-20-2009.
INGA ERVIN, EXAMINING ATTORNEY
SN 77-965,143. BACATA FOOD GROUP INC., MAPLE
RIDGE, BRITISH COLUMBIA, CANADA, FILED 3-22-
2010.
THE MARK CONSISTS OF STANDARD CHARACTERS
WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE,
SIZE, OR COLOR.
PRIORITY CLAIMED UNDER SEC. 44(D) ON CANADA
APPLICATION NO. 1473323, FILED 3-16-2010, REG. NO.
TMA820008, DATED 3-15-2012, EXPIRES 3-15-2027.
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO
USE "CLASSIC", APART FROM THE MARK AS SHOWN.
FOR FROZEN APPETIZERS CONSISTING PRIMAR-
ILY OF CHICKEN OR SEAFOOD; PRE-PACKAGED
DINNERS CONSISTING PRIMARILY OF FRESH PACK-
AGED AND FROZEN PACKAGED MEAT, SEAFOOD
AND POULTRY, WITH PASTA, RICE AND VEGETA-
BLES; PREPARED FOOD KITS COMPOSED OF MEAT,
POULTRY, FISH, SEAFOOD, AND/OR VEGETABLES
AND ALSO INCLUDING SAUCES OR SEASONINGS,
READY FOR COOKING AND ASSEMBLY AS A MEAL;
PROCESSED EDAMAME; VEGETABLES, NAMELY,
FROZEN EDAMAME (U.S. CL. 46).
WILLIAM ROSSMAN, EXAMINING ATTORNEY