| Serial Number | 77107809 |
| Word Mark | ARE YOU SMARTER THAN A 5TH GRADER? |
| Filing Date | Wednesday, February 14, 2007 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, August 31, 2009 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 6, 2007 |
| 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? |
| International Class | 021 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; 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 | Tuesday, February 20, 2007 |
| Primary Code | 021 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | JMBP, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Los Angeles, CA 90049 |
| Party Name | JMBP, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Los Angeles, CA 90049 |
| Event Date | Event Description |
| Monday, August 31, 2009 | ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED |
| Monday, August 31, 2009 | ABANDONMENT - NO USE STATEMENT FILED |
| Tuesday, February 10, 2009 | EXTENSION 2 GRANTED |
| Tuesday, January 27, 2009 | EXTENSION 2 FILED |
| Tuesday, February 10, 2009 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Tuesday, January 27, 2009 | TEAS EXTENSION RECEIVED |
| Wednesday, January 7, 2009 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, January 7, 2009 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, October 29, 2008 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, October 29, 2008 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Monday, June 30, 2008 | EXTENSION 1 GRANTED |
| Monday, June 30, 2008 | EXTENSION 1 FILED |
| Monday, June 30, 2008 | TEAS EXTENSION RECEIVED |
| Tuesday, January 29, 2008 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, November 6, 2007 | PUBLISHED FOR OPPOSITION |
| Wednesday, October 17, 2007 | NOTICE OF PUBLICATION |
| Wednesday, October 3, 2007 | WITHDRAWN FROM PUB - TQR/NON-ATTY REQUEST |
| Sunday, September 23, 2007 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Sunday, September 23, 2007 | ASSIGNED TO LIE |
| Saturday, August 18, 2007 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, August 15, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, August 14, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, August 14, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, August 9, 2007 | FINAL REFUSAL MAILED |
| Wednesday, August 8, 2007 | FINAL REFUSAL WRITTEN |
| Tuesday, August 7, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, August 6, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, August 6, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, May 7, 2007 | PRIORITY ACTION MAILED |
| Friday, May 4, 2007 | PRIORITY ACTION WRITTEN |
| Tuesday, May 1, 2007 | ASSIGNED TO EXAMINER |
| Wednesday, February 21, 2007 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Tuesday, February 20, 2007 | NEW APPLICATION ENTERED IN TRAM |