ARE YOU SMARTER THAN A 5TH GRADER? - Trademark Details
Status: 606 - Abandoned - No Statement Of Use Filed
Serial Number
77107809
Word Mark
ARE YOU SMARTER THAN A 5TH GRADER?
Status
606 - Abandoned - No Statement Of Use Filed
Status Date
2009-08-31
Filing Date
2007-02-14
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
010905, 050905, 200101 - Atoms or molecular models. Apples. Pencils, pens (excluding quill pens), crayons, pen points, chalk, markers.
Published for Opposition Date
2007-11-06
Attorney Name
Law Office Assigned Location Code
M30
Employee Name
PEETE, KYLE C
Statements
Indication of Colors claimed
The color(s) brown, green, red, white, pink, gold, black, yellow, silver, beige is/are claimed as a feature of the mark.
Description of Mark
The mark consists of a red apple with yellow specks. The apple stem is dark brown at the top of the stem and fades into green and yellow at the bottom of the stem where the stem meets the apple. The words "ARE YOU SMARTER THAN A 5TH GRADER?" appear in three dimensional gold letters across the apple and curving around it. A pencil appears across the apple and bisects the words "ARE YOU SMARTER" and "THAN A 5TH GRADER?". The pencil has a pink eraser at one end. The pencil stem is yellow with a silver band between the eraser portion of the design and the stem portion. The pointed end of the pencil is beige with a black tip. Two pink rings circumscribe the apple, the words and the pencil. Each ring has two star-like images attached to it. The star designs are white and appear as points of light in the design.
Goods and Services
lunch boxes; beverage glassware; house wares, namely, containers for household or kitchen use, baking dishes, baskets for waste paper littering, brooms, buckets, candle extinguishers and candlesticks, candle holders, cookware, namely, pots and pans, dishes and plates, dish drying racks, dust pans, garbage cans, salt and pepper shakers, towel racks, toothbrush holders, vases
Pseudo Mark
ARE YOU SMARTER THAN A FIFTH GRADER?
Classification Information
International Class
21 - Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. - Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
US Class Codes
002, 013, 023, 029, 030, 033, 040, 050
Class Status Code
6 - Active
Class Status Date
2007-02-20
Primary Code
021
Correspondences
Name
Jodi M. Dueck
Address
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Trademark Events
| Event Date | Event Description |
| 2007-02-20 | NEW APPLICATION ENTERED IN TRAM |
| 2007-02-21 | NOTICE OF DESIGN SEARCH CODE AND PSEUDO MARK MAILED |
| 2007-05-01 | ASSIGNED TO EXAMINER |
| 2007-05-04 | PRIORITY ACTION WRITTEN |
| 2007-05-07 | PRIORITY ACTION MAILED |
| 2007-08-06 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2007-08-06 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2007-08-07 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2007-08-08 | FINAL REFUSAL WRITTEN |
| 2007-08-09 | FINAL REFUSAL MAILED |
| 2007-08-14 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2007-08-14 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2007-08-15 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2007-08-18 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| 2007-09-23 | ASSIGNED TO LIE |
| 2007-09-23 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| 2007-10-03 | WITHDRAWN FROM PUB - TQR/NON-ATTY REQUEST |
| 2007-10-17 | NOTICE OF PUBLICATION |
| 2007-11-06 | PUBLISHED FOR OPPOSITION |
| 2008-01-29 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| 2008-06-30 | TEAS EXTENSION RECEIVED |
| 2008-06-30 | EXTENSION 1 FILED |
| 2008-06-30 | EXTENSION 1 GRANTED |
| 2008-10-29 | TEAS REVOKE/APPOINT ATTORNEY RECEIVED |
| 2008-10-29 | ATTORNEY REVOKED AND/OR APPOINTED |
| 2009-01-07 | TEAS REVOKE/APPOINT ATTORNEY RECEIVED |
| 2009-01-07 | ATTORNEY REVOKED AND/OR APPOINTED |
| 2009-01-27 | TEAS EXTENSION RECEIVED |
| 2009-02-10 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| 2009-01-27 | EXTENSION 2 FILED |
| 2009-02-10 | EXTENSION 2 GRANTED |
| 2009-08-31 | ABANDONMENT - NO USE STATEMENT FILED |
| 2009-08-31 | ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED |
