| Serial Number | 79180304 |
| Word Mark | ACTIVE & CO |
| Filing Date | Wednesday, July 1, 2015 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, February 24, 2023 |
| Registration Number | 5015292 |
| Registration Date | Tuesday, August 9, 2016 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, May 24, 2016 |
| Description of Mark | The mark consists of the stacked wording "active & CO" within a square background. The color dark green appears in the word "active"; the color white appears in the "& CO" and the color lime green appears in the square background. |
| Goods and Services | Traveling bags; luggage and carrying cases; back packs; handbags; purses; belt bags; sports bags; school bags; tool bags, empty; soft sided tool bags, empty; briefcase-style portfolios; cases of leather and imitation leather, wallets; holders, namely, credit card holders, all of either leather or imitation leather; clothing for pets; umbrellas and parasols; walking sticks |
| Goods and Services | Games and playthings, namely, board games and card games; balls for games, tennis rackets, cricket bats, cricket pads, golf clubs, hockey sticks, rackets for table tennis, badminton and squash; bags specially adapted for carrying sports equipment and sports balls; roller skates and ice skates; surf boards; body boards; skate boards; tables and nets for table tennis; shin guards, elbow guards, knee guards, ankle guards, being sports articles; gloves made specifically for use in playing sports, namely, batting and baseball gloves, boxing gloves, fencing gloves, football gloves, hockey gloves, and golf gloves; protective padding for playing football, skateboarding, hockey, basketball, baseball, and snowboarding; martial arts training equipment; boxing equipment and accessories, namely, boxing bags; exercise machines; yoga and pilates equipment and apparatus, namely, yoga boards, yoga bolsters, yoga straps, yoga mats, pilates exercise machines; exercise machines incorporating weights for use in physical exercise; exercise weights for physical exercise; weight lifting belts being sports articles; wrist guards for use in playing sports; fishing equipment, namely, artificial fishing bait, sportman's fishing bags, bite indicators, bite sensors, cases for fishing rods, fishing creels, decoys for hunting or fishing, synthetic fishing bait, artificial fishing bait, fishing floats, fishing hooks, fishing holdalls, fishing ground baits, fishing lines, fishing line casts, fishing plumbs, fishing lures, fishing rod guides, fishing leaders, fishing reels, fishing reel cases, fishing rigs, fishing rods, fishing rod blanks, fishing rod cases, fishing rod rests, fishing rod supports, fishing sinkers, fishing tackle, fishing tackle boxes, fishing tackle float swivels, fishing tackle holdalls, fishing tackle wallets, fishing weights, flies for fishing, fly-tying materials for making flies for fishing, gut for fishing, landing nets for fishing, artificial lures for fishing, paternosters being fishing tackle poles for fishing, swivels being fishing tackle; toys for pets; balloons toys; structural parts, fitting and accessories for the aforementioned products |
| Indication of Colors claimed | The color(s) dark green, lime green, and white is/are claimed as a feature of the mark. |
| Goods and Services | Vehicles for locomotion by land; Automobiles; Accessories, parts and fittings for automobiles, namely, axels, brakes, brake linings, bumpers, clutches for land vehicles and tires; direction signals for automobiles; engines and motors for land vehicles; suspension systems for automobiles; shock absorbers and springs for land vehicles; shafts for land vehicles; wheel bearings and shaft couplings for land vehicles; fitted vehicle seat covers; transmissions for land vehicles; wheels; wheel hubs; vehicle windscreens; windscreen wipers; rims for land vehicle wheels; alarm systems for motor vehicles; anti-theft devices for vehicles; alarm systems for land vehicles; anti-theft devices for land vehicles; bicycles, non-motorized bicycles; racing bicycles; air pumps for bicycles for the inflation of tires; bells for bicycles; bottle carriers for bicycles; brakes for bicycles; carrying racks for bicycles; chains for bicycles; frames for bicycles; handle bars for bicycles; inner tubes for bicycles; pedals for bicycles; saddle bags specifically adapted for bicycles; spokes for bicycles; stands for bicycles; tires for bicycles; water bottle cages for bicycles; wheels for bicycles |
| Goods and Services | Lighting fixtures; lighting installations; light bulbs; electric torches for lighting; lamps; electric lanterns; led lighting fixtures for indoor and outdoor lighting applications; luminous house numbers; security lighting fixtures in the nature halogen floodlights, spotlights, and lighting fixtures with motion detection; bicycle lamps; bicycle lights; bicycle reflectors for attachment to spokes; Christmas lighting being colored light bulbs, flashing light bulbs, musical flashing light bulbs, and sequential flashing light bulbs; festoon lighting, namely, molded harnessed and color lamps; apparatus for heating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, namely, cooking ovens, air conditioners, electric coffee machines, electric slow cookers, electric deep fryers, hair driers, electric fans, filters for drinking water, freezers, extractor hoods for kitchens, electric kettles,, microwave ovens, plate warmers, electric pressure cookers, refrigerators, solar collectors for heating, electric toasters, taps, toilets, wash-hand basins, bath tubs, water heaters, water purification installations; gas barbecues and grills and structural parts therefor; stands especially designed for barbecues, with and without wheels; lighting equipment for automobiles, namely, head lamps; outdoor gas heaters and structural parts therefor |
| Goods and Services | Ropes, string, commercial nets, tents, awnings, tarpaulins, sails, sacks and bags for the transportation or storage of materials in bulk; padding and stuffing materials, except of rubber or plastics; raw fibrous textile materials |
| Disclaimer with Predetermined Text | "CO" |
| International Class | 011 - Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes. |
| US Class Codes | 013, 021, 023, 031, 034 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, February 24, 2023 |
| Primary Code | 011 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, February 24, 2023 |
| Primary Code | 012 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. |
| US Class Codes | 001, 002, 003, 022, 041 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, February 24, 2023 |
| Primary Code | 018 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 022 - Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials. |
| US Class Codes | 001, 002, 007, 019, 022, 042, 050 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, February 24, 2023 |
| Primary Code | 022 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, February 24, 2023 |
| Primary Code | 028 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Kmart Australia Limited |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 11 - Company |
| Address | NZ |
| Party Name | Kmart Australia Limited |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 11 - Company |
| Address | NZ |
| Party Name | Kmart Australia Limited |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 11 - Company |
| Address | NZ |
| Event Date | Event Description |
| Monday, November 20, 2023 | TOTAL INVALIDATION PROCESSED BY THE IB |
| Friday, October 27, 2023 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Friday, October 27, 2023 | INVALIDATION PROCESSED |
| Tuesday, October 24, 2023 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, February 24, 2023 | CANCELLED SECTION 71 |
| Monday, August 9, 2021 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, July 28, 2017 | NEW REPRESENTATIVE AT IB RECEIVED |
| Thursday, May 18, 2017 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, February 10, 2017 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, December 23, 2016 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, December 16, 2016 | NEW REPRESENTATIVE AT IB RECEIVED |
| Wednesday, November 30, 2016 | FINAL DISPOSITION NOTICE SENT TO IB |
| Wednesday, November 30, 2016 | FINAL DISPOSITION PROCESSED |
| Wednesday, November 9, 2016 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, August 9, 2016 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, May 24, 2016 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, May 24, 2016 | PUBLISHED FOR OPPOSITION |
| Wednesday, May 4, 2016 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, April 13, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, April 13, 2016 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, April 13, 2016 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, April 13, 2016 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, April 13, 2016 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, March 31, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, March 30, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, March 30, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, March 30, 2016 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Saturday, February 13, 2016 | REFUSAL PROCESSED BY IB |
| Friday, January 22, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, January 22, 2016 | REFUSAL PROCESSED BY MPU |
| Thursday, January 21, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, January 20, 2016 | NON-FINAL ACTION WRITTEN |
| Wednesday, January 13, 2016 | APPLICATION FILING RECEIPT MAILED |
| Saturday, January 9, 2016 | ASSIGNED TO EXAMINER |
| Saturday, January 9, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, January 7, 2016 | SN ASSIGNED FOR SECT 66A APPL FROM IB |