Serial Number: 78500600

Reg Number: 3119269

Word Mark: ACTIVIA

Goods and Services: IC 029. US 046. G & S: Meat, fish, poultry, game, delicatessen meats; dried, preserved and cooked fruits and vegetables, compotes, jams, fruits purees, jellies, soups, stews; preserves entirely or partially containing meat, fish, ham, poultry, game, delicatessen meats; prepared, dried, cooked, canned, deep-frozen dishes, dishes consisting entirely or partially of meat, fish, ham, poultry, game, delicatessen meats; salted or sweet appetizers comprised mainly of flavored or plain potatoes; milk, powdered milk gelled, flavored milk, beaten milk; dairy products, namely, milky desserts namely, crème brulee, caramel cream, whipped cream, cream mould, yogurts, yogurt based beverages, creams, dessert creams, fresh cream, butter, cheese spreads, cheeses, matured cheeses, matured cheeses with mould, fresh mild cheeses, cheeses in brine, white cheese, strained cheeses, fresh cheeses sold in paste or liquid form, plain or flavored; beverages consisting mostly of milk or of dairy products, namely, yogurt based beverages, beverages consisting mostly of milk starter cultures, namely, plain or aromatized whipped cream, plain or aromatized fermented milk, plain or aromatized sour milk, plain or aromatized lactobacillus beverages, plain or aromatized kefir, plain or aromatized koumiss, plain or aromatized yogurt, plain or aromatized acidophilus milk, plain or aromatized concentrated fermented milk, flavored fermented milk, milky beverages with fruits; edible oils, olive oils, edible fats.

IC 030. US 046. G & S: Coffee, tea, cocoa, chocolate, sugar, rice, puffed rice, tapioca; flours, sweet or salted tarts and pies, pizzas; plain or flavored stuffed noodles, dishes made from cereals, breakfast cereals; prepared foods consisting entirely or partially of noodles; prepared foods consisting entirely or partially of tart pastry; bread, toasted breads, sweet or savory cookies, wafers, waffles, cakes, pastries, all these products being plain, coated, filled, flavored; frozen yogurt, ice cream, ice water sorbets, frozen flavored water ice creams, honey, salt, mustard, vinegar, condiment sauces, namely, sweet sauces, pasta sauces, spices; milk based mousses desserts, milk based chocolate mousses.

IC 032. US 045 046 048. G & S: Non-alcoholic beers, alcoholic beers, mineral and non mineral still or aerated water, fruit or vegetable juices, fruit or vegetable based drinks, lemonades, sodas, ginger beer, sorbet drinks, preparations for making fruit drinks, syrups for making fruit drinks and soda drinks, alcohol-free fruit or vegetable extracts used in the preparation of beverages, alcohol-free drinks in which milk products are a minority ingredient, namely, coffee and chocolate-based beverages.

Mark Drawing Code: (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Design Search Code: 01.05.25 - Sun, other representations of the sun
26.11.21 - Rectangles that are completely or partially shaded
26.17.02 - Bands, wavy; Bars, wavy; Lines, wavy; Wavy line(s), band(s) or bar(s)
26.17.13 - Letters or words underlined and/or overlined by one or more strokes or lines; Overlined words or letters; Underlined words or letters

Filing Date: 10/15/2004

Current Basis: 44E

Original Filing Basis: 1B;44E

Owner: (REGISTRANT) Compagnie Gervais Danone SOCIETE ANONYME FRANCE 17 Boulevard Haussmann 75009 Paris FRANCE

Attorney of Record: Scott E. Thompson

Description of Mark: The color(s) yellow, green and white is/are claimed as a feature of the mark. The mark consists of the word ACTIVIA in stylized white letters with a green background. On top of the word ACTIVIA there appears a horizontal line and underneath this line is a yellow circle which is similar to a sun. Underneath the word ACTIVIA there are two yellow horizontal lines, the first line is straight and the second one is wavy.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 2613732

SiteNo: 177359