| Serial Number | 79103182 |
| Word Mark | BERSHKA |
| Filing Date | Tuesday, September 7, 2010 |
| Status | 707 - PARTIAL SECTION 71 ACCEPTED |
| Status Date | Friday, November 4, 2022 |
| Registration Number | 4204121 |
| Registration Date | Tuesday, September 11, 2012 |
| Mark Drawing | 5000 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, June 26, 2012 |
| Goods and Services | [ Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, monitoring, supervision, emergency, life-saving and teaching apparatus and instruments, namely, medical teaching mannequins, photographic slides, and optical fibers; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, namely, electrical switches, electric conductors, electric transformers; apparatus for recording, transmitting, and reproducing sound or images; magnetic data media, namely, blank magnetic data carriers, prerecorded magnetic data carriers featuring music, films and photographs; sound recording disks, namely, blank recordable optical discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers; calculating machines; data processing and computer equipment, namely, data processors and computers; computer peripheral devices; fire extinguishers; anti-dazzle spectacles; eyeglasses; pince-nez; optical lenses; pince-nez chains; contact lenses; pince-nez cords; dressmakers' measures, namely, measuring tapes; spectacles; spectacle lenses; spectacles cases; spectacle frames and lenses; eyeglasses; sunglasses; cases for eyeglasses and for contact lenses; shoes for protection against accidents, irradiation and fire; bulletproof jackets; life jackets; fire protection suits and clothing; gloves for divers; gloves for protection against accidents; survival suits, namely, insulated overall wetsuits; magnetic cards, namely, magnetic identifying cards and magnetic coded gift cards; magnetic identity cards; clothing for protection against accidents and irradiation; protective suits for aviators; electronic agendas; electric appliances for removing make-up; telephone sets; weighing scales; compasses; accounting machines, namely, automated billing machines for processing accounting information; protective helmets; spyglasses; chronographs for use as specialized time recording apparatuses; measuring spoons; pedometers; audio-video compact discs featuring music, films and photographs; read-only memory compact disks featuring music, films and photographs; mirrors, namely, inspections mirrors and reflective mirrors to prevent accidents; swim floats for safety purposes for bathing and swimming; binoculars; printers for use with computers; temperature indicators; computer game programs; cassette players; bar code readers; optical signal and magical lanterns; optical lamps, namely, flash lamps; magnifying glasses; dictating machines; test weights; electric, galvanic and solar batteries; electric irons; computer software for creating databases and for ordering, configuring and preparing price quotes for electrical distribution products; recorded computer operating programs; computer mice; electronic pocket translators; transistors; thermometers not for medical use; apparatus for games adapted for use with television receivers only; intercoms; blank video cassettes; video disks and video tapes with recorded animated cartoons; teaching apparatus, namely, medical teaching mannequins; baby cry detectors, namely, baby monitors; walkie-talkies; downloadable electronic publications in the nature of magazines in the fields of textiles, retail services, fashion and business administration; sandglasses; acoustic sound alarms; theft alarms; fire alarms; mousepads; loudspeakers; apparatus for sound amplification, namely, sound amplifiers; antennae; anti-dazzle shades, namely, anti-dazzle sunglasses; headsets for telephones; headsets for music, namely, earphones; telephone answering machines; false coin detectors, namely, coin acceptors for separating good coins from counterfeits; money counting and sorting machines; electronic tags for goods; sports glasses; magnets; light-emitting electronic pointers; ear plugs not for medical purposes; mobile telephones ] |
| Goods and Services | [ Games and toys, namely, action skill games, backgammon games and board games; gymnastic and sporting articles not included in other classes, namely, gymnastic apparatus, gymnastic training stools, and horizontal bars; ] decorations for Christmas trees [; fishing tackle; fishing rods; carnival and theatre masks; dolls' houses; climbers' harnesses; party favors in the nature of small toys; swimming, soccer and football gloves; baseball, boxing, fencing and golf gloves; marionettes; automatic games apparatus for electronic games not adapted for use with television receivers; machines for physical exercises; Christmas trees of synthetic material; bladders being structural parts of balls for games; shin, elbow and knee pads for use in skating, soccer and football; kites; baby rattles; kaleidoscopes; rocking horses; toy construction sets; prepaid automatic arcade games machines; card games; plush toys; dolls; dolls' clothes; dolls' feeding bottles; chess games; draughtboards; toys for domestic pets; play balloons; billiard tables, cue sticks, billiard balls and cues; bowls, namely, bowling apparatus and machinery; swings; toboggans; flying discs; dice; darts; skis; tables for table football; tables for table tennis; scale models of vehicles; skateboards; toy scooters; roller and ice skates; pinatas; paintball guns; puzzles; squash, tennis, badminton and table tennis rackets; parlour games; toy vehicles; spring boards; golf clubs; soap bubbles, namely, bubble making wand and solution sets; toy mobiles ] |
| Goods and Services | [ Paper, cardboard and goods made of these materials, namely, boxes of paper, cardboard tubes, paper mache figurines, cardboard boxes, and hang tags; printed matter, namely, printed calendars and printed forms; bookbinding material; photographs; ] stationery [; adhesives for stationery or household purposes; artists' supplies, namely, artists' brushes, artists' pens, easels, artists' pencils, artists' pastels and modeling clay; paintbrushes; typewriters; office requisites, namely, punches, staplers and paper embossers; instructional and teaching material, namely, printed teaching materials in the field of textiles, retail services, fashion and business administration; plastic materials for packaging, namely, plastic bags for packaging; printers' type; printing blocks; engraved works of art, namely, lithographic works of art; cardboard or paper boxes; printed patterns for making clothes and sewing; paper tissues for removing make-up; stencil cases; non-textile labels, namely, shipping labels, adhesive labels, paper labels and mailing labels; table linen of paper; table napkins of paper; disposable babies' diapers of paper and cellulose; disposable nappies of paper or cellulose; paper handkerchiefs; pen holders; check book holders; stationery cases; inking sheets for document reproducing machines for reproducing images in the printing industry; bags, envelopes and pouches of paper or plastics for merchandise packaging; tailors' chalk; face towels of paper; hat boxes of paper; tracing paper; bookbinding cloth; canvases for painting; hand towels of paper; photograph, stamp and sticker albums; almanacs; hand labeling appliances, namely, handheld labeling devices; looseleaf binders; writing articles and instruments, namely, pens and pencils; iron-on transfers and plastic transfers; calendars; posters; paper file jackets for papers; passport holders; catalogues in the field of clothing, footwear, jewelry, accessories, perfumes and cosmetics; chromos, namely, picture cards; drawing sets comprised of drawing pads, drawing curves, and drawing brushes; daily newspapers; newspapers; magazines featuring textiles, retail services, fashion and business administration; sealing wax; books in the field of textiles, retail services, fashion and business administration; lithographs; wrapping paper; toilet paper; paperweights; mats for beer glasses, namely, coasters of paper; bookmarkers; bookends; inkwells; paper bibs; drawing articles, namely, drawing boards and drawing curves; designs, namely, embroidery design patterns; school supplies, namely, school writing books; writing slates; comic books; embroidery design patterns; paper and plastic packing bags; geographical maps; terrestrial globes; finger moisteners; printed plans; stencils; paper or cardboard placards; printed charts; publications, namely, books, handouts, workbooks, magazines, brochures, booklets in the fields of textiles, retail services, fashion and business administration ] |
| Goods and Services | [ Lace and embroidery, ribbons and braid; buttons, hooks and eyes; hair pins, marking pins, safety pins and hat pins; needles; artificial flowers; tinsels in the nature of trimmings for clothing, namely, lace trimming; pin cushions; hat and shoe ornaments not of precious metal; ] hair ornaments [; haberdashery articles, namely, beads other than for making jewelry; hair bands; arm bands; reins for guiding children; brooches as clothing accessories; sewing kit boxes comprised of needles, thimbles, scissors and thread sold as a unit; belt clasps; shoe laces; artificial garlands and crowns of artificial flowers; tea cosies; ornamental novelty badges; sewing thimbles; needle cases, not of precious metal; boxes for needles, not of precious metal; clothing buckles; shoe buckles; hairpins; ornamental novelty badges, not of precious metal; clothing sequins; bodkins; hairclips; lace trimmings; feathers for ornamentation; arts and crafts findings, namely, pompons; zip fasteners; competitors' numbers not of textile; whalebones for corsets; false hair; wigs; artificial fruit ] |
| Goods and Services | [ Precious metals and their alloys; goods in precious metals or coated therewith not included in other classes, namely, cuff links of precious metal and figures of precious metal; ] jewelry [ ; precious stones; horological and chronometric instruments; ornamental pins; tie pins; needle cases of precious metal; cases for needles of precious metals; napkin rings of precious metal; works of art of precious metal; fancy key rings of precious metal; medals; collectible coins; silver and gold-plated items except knives, forks and spoons, namely, jewelry; badges of precious metal; ornaments of precious metals for footwear and hats; ashtrays of precious metal for smokers; cuff links; watch chains; clock cases; cruets of precious metal; vases of precious metal; tea and coffee services in precious metals; threads of precious metal; jewel cases in precious metals; cigarette cases of precious metal; powder compacts of precious metal ] |
| Goods and Services | Men's, women's and children's ready-to-wear clothing, namely, jackets, shirts, pants, skirts, trousers, jeans, dresses, leggings, t-shirts, blouses, jerseys, shorts, tops, coats, parkas, [ undershirts, overcoats, waistcoats, ] sweaters, pullovers, vests, [ suits, ] blazers; footwear; headgear, namely, [ hats, ] caps, headwear [, berets; clothing for motorists and cyclists, namely, cycling shoes, cycling shorts, motorist boots, motorist jackets and motorist pants; bibs not of paper; headbands; bathrobe ] ; swimming costumes; [ bathing caps and sandals; boas; lingerie; babies' pants; ] scarves; [ hoods; shawls; ] belts; [ money belts; water skiing wetsuits; ties; corsets; fur stoles; ] foulards; caps; [ gloves for wear; underwear; mantillas; stockings; ] socks; bandanas [; textile nappies; furs, namely, fur cloaks, fur hats, fur stoles, fur muffs and fur coats; pyjamas; soles; heels; veils; braces; paper clothing, namely, paper aprons, and paper shoes used when going through metal detectors to keep feet and socks clean; gymnastic and sports outfits, namely, gymnastic shoes, leotards and tights; layettes; collars; singlets; mittens; ear muffs; inner soles; shoulder pads for clothing; bow ties; pareus; dressing gowns; pockets squares for clothing; sock suspenders; garter belts; petticoats; tights; aprons; headdresses in the nature of headwear; carnival masquerade costumes; uniforms; cap peaks; clogs; caps; combination underwear; garters ] |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | [ Advertising services; commercial business management; business administration and office work; services of assistance in the business management or commercial functions of an industrial or commercial company; organization of exhibitions with commercial or advertising purposes; promotion services provided by a commercial company by means of a customer loyalty card; modeling services for advertising or sales promotion; publishing of advertising texts; shop window dressing services; services of assistance for the operation of commercial companies as franchises, namely, franchising, namely, offering business management assistance in the establishment and/or operation of retail clothing, footwear, headwear, accessories, perfumes, jewelry, decoration and furniture stores; demonstration of goods; organization of trade fairs for commercial or advertising purposes; sales promotion services for others; public auction services; services of sales promotion and business management of commercial centers; services of assistance in the commercial functions of business, namely, electronic processing of orders for others and order fulfillment services via global communication networks; ] online [ wholesale and ] retail store services featuring clothing, clothing accessories, footwear, eyeglasses, sunglasses and their accessories, [ apparatus for recording, transmitting, and reproducing sound or images, watches and clocks, ] leather and artificial leather goods, [ luggage and ] bags, jewelry [, personal care products, perfumery and cosmetics; ] [ mail order services featuring clothing, clothing accessories, footwear, eyeglasses, sunglasses and their accessories, apparatus for recording, transmitting, and reproducing sound or images, watches and clocks, leather and artificial leather goods, luggage and bags, jewelry, personal care products, perfumery and cosmetics; electronic catalog services featuring clothing, clothing accessories, footwear, eyeglasses, sunglasses and their accessories, apparatus for recording, transmitting, and reproducing sound or images, watches and clocks, leather and artificial leather goods, luggage and bags, jewelry, personal care products, perfumery and cosmetics; telephone ordering services in the field of clothing, clothing accessories, footwear, eyeglasses, sunglasses and their accessories, apparatus for recording, transmitting, and reproducing sound or images, watches and clocks, leather and artificial leather goods, luggage and bags, jewelry, personal care products, perfumery and cosmetics; providing home shopping services in the field clothing, clothing accessories, footwear, eyeglasses, sunglasses and their accessories, apparatus for recording, transmitting, and reproducing sound or images, watches and clocks, leather and artificial leather goods, luggage and bags, jewelry, personal care products, perfumery and cosmetics by means of television and other electronic means; import-export agencies; online advertising on a computer network; procurement services for others, namely, purchasing clothing, clothing accessories, footwear, eyeglasses, sunglasses and their accessories, apparatus for recording, transmitting, and reproducing sound or images, watches and clocks, leather and artificial leather goods, luggage and bags, jewelry, personal care products, perfumery and cosmetics for other business; newspaper subscription services for others; distribution of samples; compilation and systemization of information into computer databases; management of computer files; public relations; ] [ wholesale and retail store services featuring clothing, clothing accessories, footwear, eyeglasses, sunglasses and their accessories, apparatus for recording, transmitting, and reproducing sound or images, watches and clocks, leather and artificial leather goods, luggage and bags, jewelry, personal care products, perfumery and cosmetics ] |
| Translation of Words in Mark | The word(s) "BERSHKA" has no meaning in a foreign language. |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Friday, November 4, 2022 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 014 - Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments. |
| US Class Codes | 002, 027, 028, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, October 17, 2011 |
| Primary Code | 014 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 016 - 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 Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, October 17, 2011 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, October 17, 2011 |
| Primary Code | 025 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 026 - Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. |
| US Class Codes | 037, 039, 040, 042, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, October 17, 2011 |
| Primary Code | 026 |
| 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 | 6 - Active |
| Class Status Date | Monday, October 17, 2011 |
| Primary Code | 028 |
| 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 | Monday, October 17, 2011 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | INDUSTRIA DE DISEÑO TEXTIL, S.A. (INDITEX, S.A.) |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Arteixo (A CORUÑA) 15142 ES |
| Party Name | INDUSTRIA DE DISEÑO TEXTIL, S.A. (INDITEX, S.A.) |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | E-15142 Arteixo (A CORUÑA) ES |
| Party Name | INDUSTRIA DE DISEÑO TEXTIL, S.A. (INDITEX, S.A.) |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | E-15142 Arteixo (A CORUÑA) ES |
| Event Date | Event Description |
| Sunday, September 3, 2023 | CORRECTION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Thursday, July 20, 2023 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Tuesday, July 4, 2023 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, November 4, 2022 | NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED |
| Friday, November 4, 2022 | REGISTERED - PARTIAL SEC 71 ACCEPTED |
| Thursday, November 3, 2022 | TEAS RESPONSE TO OFFICE ACTION-POST REG RECEIVED |
| Wednesday, November 2, 2022 | POST REGISTRATION ACTION MAILED - SEC.71 |
| Tuesday, October 25, 2022 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Thursday, May 12, 2022 | TEAS SECTION 71 RECEIVED |
| Friday, March 11, 2022 | NEW REPRESENTATIVE AT IB RECEIVED |
| Saturday, September 11, 2021 | COURTESY REMINDER - SEC. 71 (10-YR) E-MAILED |
| Wednesday, June 3, 2020 | INVALIDATION REVIEWED - NO ACTION REQUIRED BY OFFICE |
| Monday, April 6, 2020 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, October 25, 2019 | PARTIAL INVALIDATION PROCESSED BY THE IB |
| Friday, August 9, 2019 | GENERIC MADRID TRANSACTION SENT TO IB |
| Friday, August 9, 2019 | GENERIC MADRID TRANSACTION CREATED |
| Saturday, May 11, 2019 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Tuesday, September 11, 2018 | NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED |
| Tuesday, September 11, 2018 | REGISTERED-SEC.71 ACCEPTED |
| Thursday, August 23, 2018 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Tuesday, August 7, 2018 | TEAS SECTION 71 RECEIVED |
| Monday, September 11, 2017 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Thursday, June 15, 2017 | INTERNATIONAL REGISTRATION RENEWED |
| Saturday, May 4, 2013 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Wednesday, April 17, 2013 | FINAL DISPOSITION NOTICE SENT TO IB |
| Wednesday, April 17, 2013 | FINAL DISPOSITION PROCESSED |
| Tuesday, December 11, 2012 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Friday, November 30, 2012 | NOTIFICATION PROCESSED BY IB |
| Tuesday, September 11, 2012 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, June 26, 2012 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, June 26, 2012 | PUBLISHED FOR OPPOSITION |
| Wednesday, June 6, 2012 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, June 6, 2012 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, June 6, 2012 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, May 24, 2012 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, May 16, 2012 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, May 16, 2012 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, May 16, 2012 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, May 16, 2012 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, May 16, 2012 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, April 19, 2012 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, April 19, 2012 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, April 11, 2012 | ASSIGNED TO LIE |
| Friday, March 30, 2012 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, November 19, 2011 | REFUSAL PROCESSED BY IB |
| Friday, October 28, 2011 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, October 28, 2011 | REFUSAL PROCESSED BY MPU |
| Friday, October 28, 2011 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, October 27, 2011 | NON-FINAL ACTION WRITTEN |
| Friday, October 21, 2011 | APPLICATION FILING RECEIPT MAILED |
| Monday, October 17, 2011 | ASSIGNED TO EXAMINER |
| Monday, October 17, 2011 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, October 14, 2011 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| Friday, October 14, 2011 | SN ASSIGNED FOR SECT 66A SUBSEQ DESIG FROM IB |