| Serial Number | 79216681 |
| Word Mark | 458MM SPECIALE |
| Filing Date | Friday, September 9, 2016 |
| Status | 706 - SECTION 71 ACCEPTED |
| Status Date | Monday, February 10, 2025 |
| Registration Number | 5543010 |
| Registration Date | Tuesday, August 21, 2018 |
| Mark Drawing | 5 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, June 5, 2018 |
| Description of Mark | The mark consists of an imprint depicting the wording "458 MM SPECIALE" in fancy profiled characters slightly inclined to the right and with shading evoking a three-dimensional effect, said wording being arranged on two lines, the verbal expression "SPECIALE", being smaller than the other components, having the letters "S", "P", "E", "C" placed under the letters "MM" and the remaining letters offset to the right. |
| Goods and Services | [ Eyeglasses; sunglasses; anti-glare glasses; goggles for sports; swimming goggles; eyeglass and sunglass cases; eyeglass and sunglass lenses; eyeglass and sunglass frames; eyeglass and sunglass chains, eyeglass and sunglass cords; contact lenses; optical instruments, namely, magnifying glasses; cases adapted for contact lenses; 3D spectacles recorded computer game programs for use with hand-held games with liquid crystal displays, sold separately; electronic game software for handheld electronic devices; electronic game software for cellular phones; computer game software; electronic game programs recorded on CD-Roms; computer game cartridges; video game cartridges; video game discs; computer game cassettes; video game cassettes; computer joysticks; battery chargers for joysticks, sold separately; memory cards for video game machines; mouse for videogame machines; simulators for the steering and control of vehicles; electronic sports training simulators; steering wheels for computers, namely, steering wheels with double gear-shifting systems for use with simulators for the steering and control of vehicles; earphones used for connecting to hand-held games; bags and cases adapted or shaped to contain computers; mouse pads; mobile phones; mobile phone covers; holders specially designed for use with mobile phones; bags and cases adapted or shaped to contain mobile phones; cell phone straps; cell phone battery chargers for use in vehicles; computer peripherals, namely, computer mouse; wrist rests for use with computers; personal computers; laptop computers; downloadable computer programs for downloading and organizing music files; carrying cases for laptops; bags adapted for laptops; laptop carrying cases; ear plug holders, namely, protective cases and carrying cases for ear plugs for divers; protective helmets; fireproof automobile racing suits for safety purposes; face-shields for protection against accidents, irradiation and fire; gloves for protection against accidents; balaclavas for protection against accidents, irradiation and fire; shoes for protection against accidents, irradiation and fire; boots for protection against accidents, irradiation and fire; protection devices for personal use against accidents, namely, nets and reflecting discs for wear; garments for protection against accidents, irradiation and fire, garments for protection against fire; CD-ROMs featuring information on car races and the history of automobile manufacturers; DVDs featuring car races and the history of automobile manufacturers; CD-ROMs featuring information on high-performance cars and automobiles; DVDs featuring high-performance cars and automobiles; downloadable image files containing artwork, text, audio, video, games and Internet Web links relating to sporting and cultural activities; downloadable videos on the subjects of automobiles, automobile maintenance and repair, automobile racing and automobile competitions, the history of the owner of the Ferrari brand and its participation in automobile racing and competitions and on the subject of lifestyle, culture, fashion, design, motor and automotive news, sports, entertainment and safe driving schools; downloadable electronic publications in the nature of catalogues, journals, magazines, books, booklets, pamphlets, leaflets, manuals, directories, newsletters, printed guides on the subjects of automobiles, automobile maintenance and repair, automobile racing and automobile competitions, the history of the owner of the Ferrari brand and its participation in automobile racing and competitions and on the subject of lifestyle, culture, fashion, design, motor and automotive news, sports, entertainment and safe driving schools; speed checking apparatus for vehicles, namely, speedometers; automatic steering apparatus for vehicles, namely, automatic steering wheels for vehicles; automatic indicators of low pressure in vehicle tires; voltage regulators for vehicles; mileage recorders for vehicles, namely, odometers; hands free kits for cellular phones; electric locks for vehicles; electronic keys for automobiles; control units of central locking systems for vehicles; navigation apparatus for vehicles, namely, on-board computers; electronic accumulators for vehicles; electric accumulators for vehicles; mileage recorders for vehicles; vehicle radios; car televisions; remote control apparatus for vehicles; starter cables for motors; thermostats for vehicles; vehicle breakdown warning triangles; electric air bag deactivation switches for automobiles; magnets; decorative magnets; lanyards especially adapted for holding cellular phones, MP3 players, cameras, video cameras, eyeglasses, sunglasses, magnetic encoded cards; smart eyeglasses; smartwatches; protective films adapted for computer screens ] |
| Goods and Services | [ Amusement apparatus adapted for use with an external display screen or monitor; amusement apparatus adapted for use with an external display screen or monitor to be used in amusement parks; apparatus for electronic games adapted for use with an external display screen or monitor; video game machines for use with televisions; video game machines; television game sets, namely, games adapted for use with television receivers; apparatus for games, namely, apparatus for electronic games other than those adapted for use with an external display screen or monitor; amusement machines, automatic and coin-operated; apparatus for playing video games, namely, video game consoles; pocket-sized apparatus for playing video games, namely, hand held units for playing video games other than those adapted for use with an external display screen or monitor; pocket-sized video games, namely, pocket-sized home video game machines; pocket-sized electronic games, namely, hand held units for playing video games other than those adapted for use with an external display screen or monitor; hand-held video game machines; portable electronic games, namely, portable electronic dart games, hand-held units for playing electronic games; portable electronic toys, namely, electronic learning toys, electronic action toys; hand-held units for playing video games for use with external display screen or monitor; stand alone video game machines; computer game equipment, namely, computer game joysticks, computer gaming consoles for recreational game playing; electronic games consoles in the nature of video game consoles adapted for use with an external display screen or monitor; controllers for game consoles; ] scale model vehicles; scale model cars; scale model racing cars; scale model racing vehicles; racing car model silhouettes in the nature of toy cars; model toy cars; model toy vehicles; model toy vehicle accessories therefore; [ resin-based toy models featuring racing scenes; toy scale model drivers; toy scale model pit crews; vehicle construction toys; toy vehicle trucks; ] toy vehicles [ ; toy racing cars tracks; toy steering wheels; pull-along toy vehicles; toy trucks that can tow toy cars; pedal karts for children, namely, non-motorized ride-on toys for children; ride-on toy cars for children in pedal version or working with batteries; toy go-karts for children in pedal version or working with batteries; toys, namely, race pit-stops; toys, namely, race tracks; toy trucks; toy trailers for transporting toy cars; radio-controlled toy vehicles; radio-controlled toy cars; toy gasoline service stations; toy car garages; toy car showrooms; toy telephones; plush toys; toy plush steering wheels; teddy bears; playing cards; novelty items, namely, sticks for fans and for entertainment in the nature of foam fingers and hands; novelty items, namely, toy sticks for fans and for entertainment shaped as flags incorporating fiber optics; toy lanyards; toy watches; toy walkie-talkies; toys, namely, drones; computer game joysticks; golf bag trolleys; snow sleds for recreational use; role playing games ] |
| Pseudo Mark | FOUR FIFTY EIGHT MM SPECIALE; FOUR HUNDRED FIFTY EIGHT MM SPECIALE |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of "SPECIALE" in the mark is "SPECIAL". |
| Goods and Services | [ Automobiles; cars; racing cars; motor cars; sports cars; bodies for vehicles; motor vehicle chassis; hoods for vehicles; vehicle bumpers; motors, electric, for land vehicles; motors for land vehicles; driving motors for land vehicles; engines for land vehicles; mudguards for automobiles; rearview mirrors; steering wheels for vehicles; vehicle windows; vehicle windscreens; brakes for vehicles; petrol tank caps for motor cars, horns for vehicles; upholstery for vehicles; crankcases for land vehicle components, other than for engines; vehicle wheels; rims for vehicle wheels; vehicle wheel tires; automobile tires; pneumatic tires; vehicle seats, racing seats for automobiles, namely, seats for race cars; automobile sunroofs; tops for land vehicles, namely, soft tops for vehicles, convertible tops for vehicles; parts of automobiles, namely, sun visors, ashtrays, cup holders; glove compartments, glove boxes, fitted covers for luggage carriers for automobiles; fitted seat covers for vehicles; sunblinds adapted for automobiles; covers for vehicle steering wheels; freewheels for land vehicles; head-rests for vehicle seats; arm-rests for vehicle seats; ski carriers for cars; windscreen wipers; fitted vehicle covers; cigar lighters for automobiles; safety belts for vehicle seats; security harnesses for vehicle seats, namely, safety harnesses that fasten passengers into vehicle seats for auto racing; air bags, being safety devices for automobiles; non-skid devices for vehicle tires, namely, anti-skid chains and studs for vehicle tires; children's safety seats for vehicles; anti-theft devices for vehicles; vehicle joysticks for land vehicles ] |
| NOT AVAILABLE | "SPECIALE" |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; 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 | Monday, September 25, 2017 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 012 - Vehicles; apparatus for locomotion by land, air, or water. |
| US Class Codes | 019, 021, 023, 031, 035, 044 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, September 25, 2017 |
| Primary Code | 012 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 028 - 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 | 6 - Active |
| Class Status Date | Monday, September 25, 2017 |
| Primary Code | 028 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | FERRARI S.P.A. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | MODENA IT |
| Party Name | FERRARI S.P.A. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | IT |
| Party Name | FERRARI S.P.A. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | IT |
| Event Date | Event Description |
| Thursday, September 21, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, September 22, 2017 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| Monday, September 25, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, September 25, 2017 | ASSIGNED TO EXAMINER |
| Wednesday, September 27, 2017 | NON-FINAL ACTION WRITTEN |
| Thursday, September 28, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, September 29, 2017 | APPLICATION FILING RECEIPT MAILED |
| Friday, September 29, 2017 | REFUSAL PROCESSED BY MPU |
| Friday, September 29, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, October 21, 2017 | REFUSAL PROCESSED BY IB |
| Saturday, March 24, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, April 5, 2018 | ASSIGNED TO LIE |
| Wednesday, April 11, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, April 11, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, April 12, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, April 24, 2018 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Monday, April 30, 2018 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Tuesday, May 1, 2018 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, May 1, 2018 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, May 1, 2018 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, May 1, 2018 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, May 16, 2018 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Friday, August 31, 2018 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Tuesday, May 1, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, May 16, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, May 16, 2018 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, June 5, 2018 | PUBLISHED FOR OPPOSITION |
| Tuesday, June 5, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Friday, July 20, 2018 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Friday, July 27, 2018 | NOTIFICATION PROCESSED BY IB |
| Tuesday, August 21, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Friday, September 21, 2018 | CORRECTION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Tuesday, October 2, 2018 | CORRECTION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Wednesday, November 21, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, December 4, 2018 | FINAL DISPOSITION PROCESSED |
| Tuesday, December 4, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, December 21, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Monday, August 21, 2023 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Tuesday, August 20, 2024 | TEAS SECTION 71 RECEIVED |
| Monday, February 10, 2025 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Monday, February 10, 2025 | REGISTERED-SEC.71 ACCEPTED |
| Friday, October 10, 2025 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Monday, February 10, 2025 | NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED |