TOBY'S ESTATE COFFEE ROASTERS
Live / Registered — Registered — cancellation pending (as of 08 Jul 2026)
What this means for you
Registered since 31 Mar 2026. The owner can stop confusingly similar uses in the classes it covers; it stays on the register as long as the owner keeps up the maintenance filings (next due by 31 Mar 2032: the §71 affidavit of use). A petition to cancel it is pending before the Trademark Trial and Appeal Board, so it could still be cancelled; until then it stands.
Record
- Serial number
- 79396771
- Registration number
- 8190652
- Mark type
- Design + words
- Filed
- 27 Mar 2024
- Published for opposition
- 10 Feb 2026
- Registered
- 31 Mar 2026
- Next maintenance filing
- §71 affidavit of use, due by 31 Mar 2032 (grace period to 30 Sept 2032)
- Attorney of record
- R. PETER SPIES
Goods and services
- Class 030 — Staple foods: Substances used as food or as ingredients in food being preparations made from cereals, namely, processed cereals, cereal-based snack foods, breakfast cereals; bread; pastry; confectionery, namely, chocolate and candy; all of the aforementioned goods specifically excluding arepas; rice, pasta and noodles; tapioca and sago; flour; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, preserved herbs as seasonings; vinegar, condiments, namely, mustard, ketchup and mayonnaise; frozen water, namely, ice; cacao, namely, cacao powder; coffee, artificial coffee and coffee substitutes; coffee products, namely, coffee beans, coffee extracts and products made from coffee substitutes, namely, prepared beverages consisting primarily of coffee substitutes; coffee beverages consisting primarily of coffee and also containing milk or milk substitutes; ground coffee; coffee pods, filled; unroasted coffee; coffee beans; tea; non-medicated confectionery bars containing soy nuggets, fruits and coated with chocolate; processed, dried and preserved grains including in powdered form; beverages made primarily from chocolate or with a chocolate base; drinking chocolate, namely, chocolate powder for making chocolate-based drinks; chocolate; chocolate coated coffee beans; chocolate-based products, namely, hot chocolate and chocolate-based drinks; teas including chai other than for medicinal or therapeutic purposes; snack foods made primarily from cereals or grains; spices
- Class 043 — Restaurant and hotel services: Cafes
Owner
- Toby's Estate Coffee Pty Ltd, Chippendale NSW, AU
- Toby's Estate Coffee Pty Ltd, Chippendale NSW, AU
- Toby's Estate Coffee Pty Ltd, Chippendale NSW, AU
Board proceedings on this mark
- Cancellation No. 92092194 — Toby's Family Foods, LLC v. Toby's Estate Coffee Pty Ltd., filed 25 Jun 2026 (Suspended)
- Ex Parte Appeal No. 79396771 — Toby's Estate Coffee Pty Ltd, filed 12 Dec 2025 (Terminated)
Prosecution history
- 01 Oct 2026 — FINAL DECISION TRANSACTION PROCESSED BY IB
- 11 Sept 2026 — FINAL DISPOSITION NOTICE SENT TO IB
- 11 Sept 2026 — FINAL DISPOSITION PROCESSED
- 08 Jul 2026 — CANCELLATION INSTITUTED NO. 999999
- 30 Jun 2026 — FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB
- 31 Mar 2026 — NOTICE OF REGISTRATION CONFIRMATION EMAILED
- 31 Mar 2026 — REGISTERED-PRINCIPAL REGISTER
- 10 Feb 2026 — OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
- 10 Feb 2026 — PUBLISHED FOR OPPOSITION
- 05 Feb 2026 — NOTIFICATION PROCESSED BY IB
- 04 Feb 2026 — NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
- 21 Jan 2026 — NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB
- 20 Jan 2026 — NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB
- 13 Jan 2026 — EXPARTE APPEAL TERMINATED
- 13 Jan 2026 — APPROVED FOR PUB - PRINCIPAL REGISTER