| Serial Number | 98205171 |
| Word Mark | AVEROS |
| Filing Date | Saturday, September 30, 2023 |
| Status | 649 - ACTION CONTINUING FINAL - MAILED |
| Status Date | Thursday, September 5, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Entertainment services by a musical artist and producer, namely, musical composition for others and production of musical sound recordings; Entertainment services in the nature of recording, production and post-production services in the field of music; Entertainment information services, namely, providing information and news releases about a musical artist; Entertainment media production services for the internet |
| Description of Mark | The mark consists of the following: "a stylized chameleon design appearing in shades of blue, yellow, green and white with sound waves appearing as the tongue in shades of blue, yellow, green and white, with three yellow star designs appearing above the chameleon; the wording 'AVEROS' appears beneath in shades of blue, yellow, green, white and pink, with yellow star design appearing in the letter 'O' in AVEROS." |
| Goods and Services | International Class 09: (Based on Use in Commerce) Digital music downloadable from the Internet; Digital media streaming devices; Downloadable music files; (Based on Intent to Use) Downloadable films and movies featuring the trajectory of the AVEROS brand throughout the time that we first started until the current state - whenever we would start writing our storyline for the film. We will be featuring different video clips that we have posted on our social media, including the moment where we announced the beginning of AVEROS. We will feature the owner of the brand, Jessica Tatiana Moreira Averos, and she will be talking about the history and the reason why she wanted to start AVEROS. We will also be talking about the ideas we have for the future of AVEROS. In the film, we will include the behind the scene videos that we took throughout the filming of our music videos that are accessible on Youtube. We will be doing this for the audience to know a little more about us and how everything has come to fruition. In the film, we will interview some of the artists that we have collaborated with so far, based on the music that we have available for streaming through third-party stream sites such as SPOTIFY and YOUTUBE music videos. The film will conclude with our owner singing a live version of the first song that she released for AVEROS, which she has obtained copyright rights to, and she will be wearing our shirt and hat with the logo (the specimen for this has been previously accepted in the previous response form). This film with the subject matter detailed above will be provided via a video-on-demand service. Furthermore, for Downloadable films and television programs we are not intending to use this specific service so there is no subject matter. We are focused on films and movies. |
| Goods and Services | Streaming of audio, visual and audiovisual material via a global computer network; Streaming of video and audio material on the Internet; Audio and video broadcasting services over the Internet; Communications services, namely, transmitting streamed sound and audiovisual recordings via the Internet; Delivery of digital music by electronic transmission; Telecommunications services, namely, ISDN services; Video broadcasting services via the Internet; Video streaming services via the Internet, featuring independent films and movies |
| Goods and Services | (Based on Use in Commerce) Shirts and short-sleeved shirts; T-shirts; Athletic jackets; Baseball caps and hats; Beach hats; Bomber jackets; Clothing jackets; Denim jackets; Graphic T-shirts; Heavy jackets; Leather hats; Leather jackets; Light-reflecting jackets; Long jackets; Outer jackets; Puffer jackets; Rain jackets; Short-sleeved or long-sleeved t-shirts; Sleeved jackets; Small hats; Sports jackets; Sports caps and hats; Sweat jackets; Tee-shirts; Track jackets; Wind-jackets(Based on Intent to Use) Hats; Hoodies; Ponchos; Shoes; Hats for infants, babies, toddlers and children; Rain coats |
| Indication of Colors claimed | The color(s) blue, yellow, green, white and pink is/are claimed as a feature of the mark. |
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 100, 101, 104 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, October 12, 2023 |
| Primary Code | 038 |
| First Use Anywhere Date | Thursday, August 10, 2023 |
| First Use In Commerce Date | Thursday, August 10, 2023 |
| 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 | Thursday, October 12, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | Saturday, September 30, 2023 |
| First Use In Commerce Date | Saturday, September 30, 2023 |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, October 12, 2023 |
| Primary Code | 025 |
| First Use Anywhere Date | Thursday, August 10, 2023 |
| First Use In Commerce Date | Thursday, August 10, 2023 |
| 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 12, 2023 |
| Primary Code | 041 |
| First Use Anywhere Date | Thursday, August 10, 2023 |
| First Use In Commerce Date | Thursday, August 10, 2023 |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | Glendale, NY 11385 |
| Event Date | Event Description |
| Wednesday, October 4, 2023 | NEW APPLICATION ENTERED |
| Friday, October 13, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Thursday, October 12, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, May 22, 2024 | ASSIGNED TO EXAMINER |
| Wednesday, May 29, 2024 | NON-FINAL ACTION WRITTEN |
| Wednesday, May 29, 2024 | NON-FINAL ACTION E-MAILED |
| Wednesday, May 29, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, June 17, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, June 17, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, June 17, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, June 24, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Saturday, August 31, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Saturday, August 31, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Saturday, August 31, 2024 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Monday, June 24, 2024 | FINAL REFUSAL E-MAILED |
| Monday, June 24, 2024 | FINAL REFUSAL WRITTEN |
| Thursday, September 5, 2024 | ACTION FOR REQ FOR RECON DENIED NO APPEAL FILED E-MAILED |
| Thursday, September 5, 2024 | NOTIFICATION FOR REQ FOR RECON DENIED NO APPEAL FILED |
| Thursday, September 5, 2024 | ACTION REQ FOR RECON DENIED NO APPEAL FILED COUNTED NOT MAILED |