| Serial Number | 97630790 |
| Word Mark | AIRWAIR WITH BOUNCING SOLES |
| Filing Date | Thursday, October 13, 2022 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, October 8, 2024 |
| Registration Number | 7526093 |
| Registration Date | Tuesday, October 8, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, July 25, 2023 |
| Goods and Services | Providing on-line non-downloadable digital images, audio and video content in the field of popular culture, retail, footwear, clothing and fashion accessories; entertainment services, namely, providing temporary use of non-downloadable interactive games; entertainment services, namely, providing online, non-downloadable virtual avatars and characters for use in interactive virtual environments ; virtual reality game services provided on-line from a computer network; entertainment services, namely, providing on-line, non-downloadable virtual shoe cleaning preparations, shoe cream, shoe polishing preparations, purses, wallets, bags, rucksacks, satchels, travelling bags, school bags, trunks, travelling cases, brief cases, footwear, boots, sandals, shoes, insoles for footwear, clothing, belts, socks, stockings, scarves, gloves, tights, headgear, hats, caps, sweatbands, headbands, and shoe laces for use in virtual environments created for entertainment purposes; education services, namely, providing information in the field of popular culture |
| Description of Mark | The mark consists of a three-dimensional rendering of footwear product design trade dress consisting of yellow stitching in the welt area, a black color band on the upper portion of the sole edge, and a yellow and black heel tab with the stylized wording "AIRWAIR" in yellow on a black background with yellow inside the loop on one side and the stylized wording "WITH BOUNCING SOLES" in yellow on a black background with yellow inside the loop on the other side. The dotted line portions of the drawing are not part of the mark and serve only to show the position of the mark on the footwear. |
| Goods and Services | Downloadable digital media, namely, image files containing artwork, text, audio, video, games and Internet Web links relating to popular culture, retail, footwear, clothing and fashion accessories; downloadable image files of footwear, clothing and fashion accessories authenticated by non-fungible tokens (NFTs); downloadable mobile applications for computer games in the field of online virtual environments; downloadable computer game software; downloadable virtual reality and augmented reality application software for rendering digital images in the field of popular culture, retail, footwear, clothing and fashion accessories; downloadable smartphone software for rendering digital images of avatars for use in virtual environments; virtual reality and augmented reality computer software downloaded from the internet for rendering digital images in the field of popular culture, retail, footwear, clothing and fashion accessories; downloadable software for the authentication of digital collectibles via non-fungible tokens; downloadable digital images in the nature of virtual reality models; Internet of Things sensors, namely, motion sensors, temperature sensors, proximity sensors; Internet of Things gateway routers; downloadable computer application software for connecting, operating, and managing networked footwear, clothing and fashion accessories in the Internet of Things; downloadable virtual reality software for playing virtual reality games; virtual reality glasses; virtual reality headsets; downloadable augmented reality software for playing computer games; downloadable software for the exchange of virtual currency; downloadable virtual goods, namely, computer programs featuring shoe cleaning preparations, shoe cream, shoe polishing preparations, purses, wallets, bags, rucksacks, satchels, travelling bags, school bags, trunks, travelling cases, brief cases, footwear, boots, sandals, shoes, insoles for footwear, clothing, belts, socks, stockings, scarves, gloves, tights, headgear, hats, caps, sweatbands, headbands, shoe laces, provided online and in online virtual worlds |
| Indication of Colors claimed | The color(s) yellow and black is/are claimed as a feature of the mark. |
| Goods and Services | Online retail store services in relation to digital content, namely, virtual goods in the nature of shoe cleaning preparations, shoe cream, shoe polishing preparations, purses, wallets, bags, rucksacks, satchels, travelling bags, school bags, trunks, travelling cases, brief cases, footwear, boots, sandals, shoes, insoles for footwear, clothing, belts, socks, stockings, scarves, gloves, tights, headgear, hats, caps, sweatbands, headbands, shoe laces, downloadable software being non-fungible tokens (NFTs), mobile applications, software, application software, smartphone software, computer software downloaded from the internet, downloadable software, namely, non-fungible tokens, Internet of Things sensors, Internet of Things gateways, computer application software for use in implementing the Internet of Things, virtual reality software for playing virtual reality games, virtual reality glasses, virtual reality headsets, augmented reality software, downloadable software, namely, virtual currency, virtual goods in the nature of shoe cleaning preparations, shoe cream, shoe polishing preparations, purses, wallets, bags, rucksacks, satchels, travelling bags, school bags, trunks, travelling cases, brief cases, footwear, boots, sandals, shoes, insoles for footwear, clothing, belts, socks, stockings, scarves, gloves, tights, headgear, hats, caps, sweatbands, headbands, shoe laces, provided online and in online virtual worlds; sales promotion through customer loyalty programs; organisation and business management of customer loyalty programs for commercial promotional, and advertising purposes; business administration of customer loyalty and incentive schemes |
| NOT AVAILABLE | "SOLES" |
| 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 | Tuesday, June 13, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, October 27, 2022 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, October 27, 2022 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | AIRWAIR INTERNATIONAL LTD. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Wellingborough NN297SW GB |
| Party Name | AIRWAIR INTERNATIONAL LTD. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Wellingborough NN297SW GB |
| Party Name | AIRWAIR INTERNATIONAL LTD. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Wellingborough NN297SW GB |
| Event Date | Event Description |
| Monday, October 17, 2022 | NEW APPLICATION ENTERED |
| Thursday, October 27, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, October 28, 2022 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Monday, November 21, 2022 | TEAS PETITION TO DIRECTOR RECEIVED |
| Wednesday, November 23, 2022 | ASSIGNED TO PETITION STAFF |
| Monday, November 28, 2022 | ASSIGNED TO EXAMINER |
| Friday, December 9, 2022 | NON-FINAL ACTION WRITTEN |
| Friday, December 9, 2022 | NON-FINAL ACTION E-MAILED |
| Friday, December 9, 2022 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, December 12, 2022 | PETITION TO DIRECTOR GRANTED |
| Tuesday, March 7, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, March 7, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, March 8, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, June 13, 2023 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, June 13, 2023 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, June 13, 2023 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, June 13, 2023 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, June 13, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, June 16, 2023 | ON HOLD - ELECTRONIC RECORD REVIEW REQUIRED |
| Wednesday, June 21, 2023 | ELECTRONIC RECORD REVIEW COMPLETE |
| Wednesday, July 5, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, July 25, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, July 25, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, September 19, 2023 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, March 12, 2024 | NOTICE OF ALLOWANCE CANCELLED |
| Wednesday, September 4, 2024 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Wednesday, September 4, 2024 | 1(B) BASIS DELETED; PROCEED TO REGISTRATION |
| Tuesday, October 8, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, October 8, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, March 12, 2024 | TEAS DELETE 1(B) BASIS RECEIVED |