ARE YOU SMARTER THAN A 5TH GRADER? Trademark

Trademark Overview


On Wednesday, February 14, 2007, a trademark application was filed for ARE YOU SMARTER THAN A 5TH GRADER? with the United States Patent and Trademark Office. The USPTO has given the ARE YOU SMARTER THAN A 5TH GRADER? trademark a serial number of 77107794. The federal status of this trademark filing is ABANDONED - NO STATEMENT OF USE FILED as of Monday, August 23, 2010. This trademark is owned by JMBP, Inc.. The ARE YOU SMARTER THAN A 5TH GRADER? trademark is filed in the Paper & Printed Material Products category with the following description:

pens, pencils, erasers, markers, crayons, highlighter pens, paper clips, pencil sharpeners, writing grips, glue for stationery or household use, folders, paper notebooks, paper, greeting cards, postcards, note cards, posters, stationery, address books, adhesive note pads, appointment books, binders, day planners, book marks, trivia cards, paper gift bags, gift tags and gift wrap, lunch bags, paper party bags, paper party decorations, paper party favors, paper party hats, paper party ornaments, stickers
are you smarter than a 5th grader?

General Information


Serial Number77107794
Word MarkARE YOU SMARTER THAN A 5TH GRADER?
Filing DateWednesday, February 14, 2007
Status606 - ABANDONED - NO STATEMENT OF USE FILED
Status DateMonday, August 23, 2010
Registration Number0000000
Registration DateNOT AVAILABLE
Mark Drawing3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s)
Published for Opposition DateTuesday, October 30, 2007

Trademark Statements


Indication of Colors claimedThe color(s) brown, green, red, white, pink, gold, black, yellow, silver and beige is/are claimed as a feature of the mark.
Description of MarkThe 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 Servicespens, pencils, erasers, markers, crayons, highlighter pens, paper clips, pencil sharpeners, writing grips, glue for stationery or household use, folders, paper notebooks, paper, greeting cards, postcards, note cards, posters, stationery, address books, adhesive note pads, appointment books, binders, day planners, book marks, trivia cards, paper gift bags, gift tags and gift wrap, lunch bags, paper party bags, paper party decorations, paper party favors, paper party hats, paper party ornaments, stickers

Classification Information


International Class016 - 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); printers' type; printing blocks.
US Class Codes002, 005, 022, 023, 029, 037, 038, 050
Class Status Code6 - Active
Class Status DateTuesday, February 20, 2007
Primary Code016
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

Trademark Owner History


Party NameJMBP, Inc.
Party Type20 - Owner at Publication
Legal Entity Type03 - Corporation
AddressSanta Monica, CA 904045073

Party NameJMBP, Inc.
Party Type10 - Original Applicant
Legal Entity Type03 - Corporation
AddressLos Angeles, CA 90049

Trademark Events


Event DateEvent Description
Monday, August 23, 2010ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED
Monday, August 23, 2010ABANDONMENT - NO USE STATEMENT FILED
Friday, July 2, 2010APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
Friday, July 2, 2010TEAS CHANGE OF OWNER ADDRESS RECEIVED
Tuesday, January 19, 2010EXTENSION 4 GRANTED
Tuesday, January 12, 2010EXTENSION 4 FILED
Tuesday, January 12, 2010TEAS EXTENSION RECEIVED
Thursday, July 23, 2009EXTENSION 3 GRANTED
Tuesday, July 21, 2009EXTENSION 3 FILED
Tuesday, July 21, 2009TEAS EXTENSION RECEIVED
Friday, February 20, 2009EXTENSION 2 GRANTED
Monday, January 19, 2009EXTENSION 2 FILED
Friday, February 20, 2009DIVISIONAL PROCESSING COMPLETE
Monday, January 19, 2009DIVISIONAL REQUEST RECEIVED
Wednesday, February 18, 2009RESPONSE TO ITU OFFICE ACTION ENTERED
Wednesday, February 18, 2009TEAS POST PUBLICATION AMENDMENT RECEIVED
Wednesday, February 18, 2009ITU OFFICE ACTION ISSUED FOR DIVISIONAL REQUEST
Wednesday, February 18, 2009CASE ASSIGNED TO INTENT TO USE PARALEGAL
Monday, January 19, 2009TEAS REQUEST TO DIVIDE RECEIVED
Monday, January 19, 2009TEAS EXTENSION RECEIVED
Wednesday, January 7, 2009ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Wednesday, January 7, 2009TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Wednesday, October 29, 2008ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Wednesday, October 29, 2008TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Friday, June 27, 2008EXTENSION 1 GRANTED
Friday, June 27, 2008EXTENSION 1 FILED
Friday, June 27, 2008TEAS EXTENSION RECEIVED
Tuesday, January 22, 2008NOA MAILED - SOU REQUIRED FROM APPLICANT
Tuesday, October 30, 2007PUBLISHED FOR OPPOSITION
Wednesday, October 10, 2007NOTICE OF PUBLICATION
Tuesday, September 25, 2007WITHDRAWN FROM PUB - TQR/NON-ATTY REQUEST
Monday, September 17, 2007LAW OFFICE PUBLICATION REVIEW COMPLETED
Monday, September 17, 2007ASSIGNED TO LIE
Wednesday, August 8, 2007APPROVED FOR PUB - PRINCIPAL REGISTER
Tuesday, August 7, 2007TEAS/EMAIL CORRESPONDENCE ENTERED
Monday, August 6, 2007CORRESPONDENCE RECEIVED IN LAW OFFICE
Monday, August 6, 2007TEAS RESPONSE TO OFFICE ACTION RECEIVED
Monday, May 7, 2007PRIORITY ACTION MAILED
Friday, May 4, 2007PRIORITY ACTION WRITTEN
Tuesday, May 1, 2007ASSIGNED TO EXAMINER
Wednesday, February 21, 2007NOTICE OF DESIGN SEARCH CODE MAILED
Tuesday, February 20, 2007NEW APPLICATION ENTERED IN TRAM