THE UPSIDE - Trademark Details
Status: 707 - A partial Section 71 declaration has been accepted
Serial Number
79975297
Registration Number
4582431
Word Mark
THE UPSIDE
Status
707 - A partial Section 71 declaration has been accepted
Status Date
2020-11-19
Filing Date
2012-11-21
Registration Number
4582431
Registration Date
2014-08-12
Mark Drawing
4000 - Standard character mark
Typeset
Published for Opposition Date
2014-05-27
Attorney Name
Law Office Assigned Location Code
M40
Employee Name
DESAI, BRIN ANDERSON
Statements
Goods and Services
Cosmetics, beauty products and skin care products, namely, skin moisturising creams and lotions, anti-wrinkle creams and lotions, lanolin based creams and lotions, and emu oil based creams and lotions; sunscreens and sun protection creams and lotions; lip balms; lipsticks; soaps, bath soaps and moisturizing soaps; shampoos, hair conditioners, hair lotions, hair gels and hair creams; essential oils, namely, primrose oil, jojoba oil, eucalyptus oil and tea-tree oil; perfumery and eau de cologne; after shave creams and lotions; bath oils and bath salts; talcum powder; toothpastes and dentifrices; toiletries, namely, deodorants and mouthwashes; tissues and wipes impregnated with cosmetic lotions or perfumed preparations
Goods and Services
Sunglasses, spectacles, frames for spectacles and sunglasses, binoculars; cases for sunglasses and spectacles; cords for sunglasses and spectacles; pre-recorded CD's, DVD's and flash drives, all featuring content and information relating to yoga, fitness, health, sport and fashion; electrical and electronic apparatus, namely, sensors for scientific use to be worn by a human to gather human biometric data; MP3 players; headphones and ear plugs for attachment to electric apparatus for playing music; Downloadable electronic publications in the nature of catalogues, brochures, journals, periodicals and books in the field of yoga, fitness, health, sport and fashion; protective clothing, protective headgear and protective footwear, namely, protective helmets; swimming goggles
Goods and Services
Printed materials, namely, books, booklets, posters, calendars, and diaries, all of the foregoing in the field of yoga, fitness, health, sport and fashion; photographs, postcards, and greeting cards; instructional and teaching materials and manuals in the field of yoga, fitness, health, sport and fashion; adhesives, namely, adhesive notepads, adhesive address labels, adhesive stickers, and adhesives for stationery purposes; decals; gift wrapping paper; stationery
Goods and Services
Backpacks, rucksacks, duffel bags, overnight bags, luggage, wallets, purses, umbrellas, suitcases, and bags in the nature of travel bags, tote bags, daypacks, shoulder bags, travel packs, school packs, briefcases, toiletry bags sold empty, waist bags and bags for sports; accessories in this class for the aforesaid goods, namely, luggage tags and straps for luggage
Goods and Services
Clothing for men, women, children and infants, namely, T-shirts, shirts, blouses, singlets, shorts, board shorts, trousers, jeans, pants, leggings, jackets, hooded sweatshirts, skirts, dresses, sweaters, raincoats, socks, underwear, sleepwear and lingerie; swimwear, namely, swimming costumes, bikinis and rash shirts; wetsuits, wetsuit booties, wetsuit gloves, wetsuit hoods and wetsuit vests; footwear, namely, shoes, boots, thongs, sandals and socks; headgear, namely, sun visors, beanies, caps, and caps for surfing; accessories in this class for clothing, footwear and headgear, namely, belts and neckties; swimming caps
Goods and Services
Yoga mats
Goods and Services
Sporting products, namely, body training apparatus and weight lifting machines for exercising and strengthening various parts of the body, namely, chest, back, shoulders, arms, abdominals and legs; gymnastic products, namely, balance beams, pommel horses and climbing frames; yoga equipment, namely, yoga blocks and stretch bands for use with yoga; surf craft, balls for sport; bags specifically designed for sporting equipment
Goods and Services
Retail store, online retail store, and wholesale store services relating to clothing, swimwear, sleepwear, underwear, lingerie, footwear, headgear, sporting goods, recreational goods, exercise equipment, yoga mats, yoga equipment, cosmetics, soaps, perfumery, body care preparations, hair care preparations, pushbikes, games, playthings, sunglasses, jewellery, wristbands, precious stones, watches, stationery, magazines, electronic magazines provided online, journals, electronic journals provided online, books, electronic books provided online, calendars, diaries, greeting cards, posters, luggage, backpacks, rucksacks, bags, giftware, homewares, furniture, furnishings, bedding, cutlery, crockery, glassware, coffee mugs, candles, towels, tea towels, umbrellas, camping equipment, rugs, mats, yarns, threads, herbal teas, coffee, beverages, non-alcoholic beverages, health foods and snack foods; marketing and advertising services; consultation, advisory and information services in relation to the aforementioned services
Classification Information
International Class
003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
US Class Codes
001, 004, 006, 050, 051, 052
Class Status Code
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2020-11-19
Primary Code
003
International Class
009 - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
US Class Codes
021, 023, 026, 036, 038
Class Status Code
6 - Active
Class Status Date
2013-09-04
Primary Code
009
International Class
016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks. - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.
US Class Codes
002, 005, 022, 023, 029, 037, 038, 050
Class Status Code
6 - Active
Class Status Date
2013-09-04
Primary Code
016
International Class
018 - Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. - Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
US Class Codes
001, 002, 003, 022, 041
Class Status Code
6 - Active
Class Status Date
2013-09-04
Primary Code
018
International Class
025 - Clothing, footwear, headgear. - Clothing, footwear, headgear.
US Class Codes
022, 039
Class Status Code
6 - Active
Class Status Date
2013-09-04
Primary Code
025
International Class
027 - Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). - Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
US Class Codes
019, 020, 037, 042, 050
Class Status Code
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2020-11-19
Primary Code
027
International Class
028 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
US Class Codes
022, 023, 038, 050
Class Status Code
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2020-11-19
Primary Code
028
International Class
035 - Advertising; business management; business administration; office functions. - Advertising; business management; business administration; office functions.
US Class Codes
100, 101, 102
Class Status Code
6 - Active
Class Status Date
2013-09-04
Primary Code
035
Current Trademark Owners
Party Name
Party Type
30 - Original Registrant
Legal Entity Type
99 - Other (limited company).
Address
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Trademark Owner History
Party Name
Party Type
30 - Original Registrant
Legal Entity Type
99 - Other (limited company).
Address
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Party Name
Party Type
20 - Owner at Publication
Legal Entity Type
99 - Other (limited company).
Address
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Party Name
Party Type
10 - Original Applicant
Legal Entity Type
99 - Other (limited company).
Address
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Correspondences
Name
Tracy Deutmeyer
Address
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Prior Registrations
Relationship Type | Reel Number |
Continuity Parent | 79134937 |
International Registrations
International Registration Number
1172522
International Registration Date
2012-11-21
International Publication Date
2013-09-05
International Renewal Date
2022-11-21
Auto Protection Date
2015-02-28
International Status
001 - Request for extension of protection established
International Status Date
2013-08-29
Priority Claimed In
True
Priority Claimed Date
2012-07-20
First Refusal In
True
Trademark Events
Event Date | Event Description |
2013-08-29 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
2013-09-03 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
2013-09-04 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
2013-09-04 | ASSIGNED TO EXAMINER |
2013-09-10 | APPLICATION FILING RECEIPT MAILED |
2013-09-11 | NON-FINAL ACTION WRITTEN |
2013-09-12 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
2013-09-12 | REFUSAL PROCESSED BY MPU |
2013-09-12 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
2013-09-30 | REFUSAL PROCESSED BY IB |
2014-03-11 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
2014-03-11 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
2014-03-12 | TEAS REQUEST TO DIVIDE RECEIVED |
2014-03-13 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
2014-03-12 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
2014-03-12 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
2014-03-13 | TEAS/EMAIL CORRESPONDENCE ENTERED |
2014-03-12 | DIVISIONAL REQUEST RECEIVED |
2014-03-14 | DIVISIONAL PROCESSING COMPLETE |
2014-03-14 | EXAMINERS AMENDMENT -WRITTEN |
2014-03-14 | EXAMINERS AMENDMENT E-MAILED |
2014-03-14 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
2014-03-14 | EXAMINER'S AMENDMENT ENTERED |
2014-03-18 | NOTICE OF DIVIDED TRADEMARK APPLICATION MAILED |
2014-04-01 | APPROVED FOR PUB - PRINCIPAL REGISTER |
2014-04-23 | ASSIGNED TO LIE |
2014-04-23 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
2014-05-07 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
2014-05-07 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
2014-05-07 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
2014-05-23 | NOTIFICATION PROCESSED BY IB |
2014-05-27 | PUBLISHED FOR OPPOSITION |
2014-05-27 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
2014-08-12 | REGISTERED-PRINCIPAL REGISTER |
2014-08-28 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
2014-11-12 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
2015-01-27 | GENERIC MADRID TRANSACTION CREATED |
2015-01-27 | GENERIC MADRID TRANSACTION SENT TO IB |
2015-02-13 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
2015-03-06 | FINAL DECISION TRANSACTION PROCESSED BY IB |
2015-05-07 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
2019-08-12 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
2019-10-09 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
2020-06-24 | TEAS SECTION 71 RECEIVED |
2020-11-17 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
2020-11-19 | REGISTERED - PARTIAL SEC 71 ACCEPTED |
2020-11-19 | NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED |
2021-07-19 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |