
| Serial Number | 79346378 |
| Word Mark | BERSHKA |
| Filing Date | Thursday, May 26, 2022 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Friday, May 1, 2026 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, April 11, 2023 |
| Goods and Services | Advertising services; commercial business management; business administration; providing office functions; business assistance services in the field of business management or commercial functions of an industrial or commercial company; organisation of exhibitions with commercial or advertising purposes; commercial company promotion services provided by means of distribution of prepaid stored value cards, for the purpose of promoting and rewarding loyalty; modelling for advertising or sales promotion; publishing of advertising texts; shop window dressing; business assistance services for the operation of commercial companies as franchises; demonstration of goods; organization of trade fairs for commercial or advertising purposes; sales promotion for others; public auction services; promotional and business management services in the field of commercial centres; business assistance services in the field of commercial functions of business consisting in the management of orders via global communication networks; retail store and wholesale store services, mail order services, catalogue ordering services, telephone ordering services, home shopping services by means of television, and ordering services via other electronic means in the nature of online retail store and wholesale store services, the aforementioned all featuring fashion goods, clothing, footwear, headgear, fashion accessories, luggage, bags, wallets, umbrellas, belts, jewellery, paste jewellery, perfumes, beauty products, cosmetics, essential oil, toiletries, soaps, lighting, carpets, rugs, mats, wall hangings, toys, sporting articles, games, Christmas decoration, glasses, sunglasses, CDs, DVDs, machines for household use, protective helmets, music headsets, loudspeakers, clocks, watches, stationery, publications, printed matter, photographs, leather goods, furniture, household containers and utensils, furnishings, textiles, paints, candles, cutlery, household fittings, musical instruments, picture frames, glassware, lace, embroidery, artificial flowers, haberdashery, head ornaments and decorative artefacts; import-export agency services; online advertising on a computer network; procurement services for others, namely, purchasing fashion goods, clothing, footwear, headgear, fashion accessories, luggage, bags, wallets, umbrellas, belts, jewellery, paste jewellery, perfumes, beauty products, cosmetics, essential oil, toiletries, soaps, lighting, carpets, rugs, mats, wall hangings, toys, sporting articles, games, Christmas decoration, glasses, sunglasses, CDs, DVDs, machines for household use, protective helmets, music headsets, loudspeakers, clocks, watches, stationery, publications, printed matter, photographs, leather goods, furniture, household containers and utensils, furnishings, textiles, paints, candles, cutlery, household fittings, musical instruments, picture frames, glassware, lace, embroidery, artificial flowers, haberdashery, head ornaments and decorative artefacts for other business; arranging newspaper subscription for others; distribution of samples for publicity purposes; compilation and systemization of information into computer databases; management of computer files; public relations; wholesale store and retail store services featuring fashion goods, clothing, footwear, headgear, fashion accessories, luggage, bags, wallets, umbrellas, belts, jewellery, paste jewellery, perfumes, beauty products, cosmetics, essential oil, toiletries, soaps, lighting, carpets, rugs, mats, wall hangings, toys, sporting articles, games, Christmas decoration, glasses, sunglasses, CDs, DVDs, machines for household use, protective helmets, music headsets, loudspeakers, clocks, watches, stationery, publications, printed matter, photographs, leather goods, furniture, household containers and utensils, furnishings, textiles, paints, candles, cutlery, household fittings, musical instruments, picture frames, glassware, lace, embroidery, artificial flowers, haberdashery, head ornaments and decorative artefacts. |
| Goods and Services | Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking being supervision, life-saving and teaching apparatus and instruments, namely, cameras, stands for photographic apparatus; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electrical current; apparatus for recording, transmission, reproduction of sound or images; blank magnetic recording media in the nature of CDs, DVDs; blank sound recording disks; automatic vending machines and mechanisms for coin-operated apparatus; cash registers; calculating machines; data processing equipment and computers; computer peripherals; fire extinguishers; anti-glare glasses; pince-nez; optical lenses; chains for pince-nez; contact lenses; cords for pince-nez; measuring tapes and rulers for dressmakers; optics spectacles; spectacle lenses; spectacle cases; frames for spectacles and pince-nez; sunglasses; cases for pince-nez spectacles and for contact lenses; footwear for protection against accidents, irradiation and fire; bulletproof, scuba diving, and life-saving jackets; fire protection suits and clothing; diving gloves; gloves for protection against accidents; diving suits; magnetic coded cards in the nature of stored value cards, namely, gift cards; magnetic identity cards; suits for protection against accidents and irradiation; protective suits for aviators for protection against accidents or injury; electronic agendas; electric appliances for removing make-up; telephone apparatus; scales being weighing apparatus; directional compasses; accounting machines; protective helmets; telescopes; chronographs for use as specialized time recording apparatus; measuring spoons; pedometers; blank audio video compact disks; blank optical compact disks; reflective optics mirrors to prevent accidents; swimming floats for safety purposes; optics binoculars; computer printers for printing documents; temperature indicators; instruments for spectacles, namely, chains, nose pads, frames; downloadable or recorded computer game programs; cassette players; bar-code readers; optical and magical signal lanterns; optics magnifying glasses; dictating and invoicing machines; mechanisms for counter-operated apparatus, namely, point-of-sale terminals; weights for use with weighing scales; electric, galvanic and solar cells and batteries; electric flat irons; recorded computer programs for the retail sale of clothing, bags, footwear, and accessories; recorded computer operating programs; mice being computing hardware; electronic pocket translators; transistors being electronics; thermometers not for medical use; telephones incorporating intercommunication apparatus; blank video cassettes; video disks and video tapes recorded with animated cartoons; school apparatus, namely, manipulative blocks used as teaching aids for the visualization of math concepts; baby cry detectors being baby monitors; walkie-talkies; downloadable electronic publications in the nature of books, magazines, journals in the fields of fashion and entertainment; egg timers being sandglasses; acoustic sound alarms; anti-theft alarms, not for vehicles; fire alarms; computer mouse pads; loudspeakers; apparatus for sound amplification; antennas; anti-glare visors for helmets; telephone receivers; headsets for music; answering machines; false and counterfeit coin detectors; teeth protectors in the nature of athletic mouth guards; money counting and sorting machines; apparatus for measuring the thickness of skins and leather, not for medical purposes; electronic tags for goods; goggles for sports; magnets; light-emitting electronic pointers; ear plugs for divers; mobile telephones |
| Goods and Services | Paper, cardboard and goods made of these materials, namely, paper bags; printed matter in the nature of fashion books and fashion magazines; printed photographs; stationery; adhesives for stationery or household purposes; artists' supplies in the nature of watercolors; paintbrushes, typewriters and office requisites, except furniture, in the nature of desk organizers; plastic materials in the form of film for packaging; printers' type; printing blocks; works of art, namely, engravings; cardboard or paper boxes; printed patterns for making clothes and sewing; paper tissues for removing make-up; stencil cases; non-textile labels of paper; table linen of paper; table napkins of paper; disposable babies' diapers of paper and cellulose; paper handkerchiefs; pen holders; cheque book holders; writing cases in the nature of pen and pencil cases; inking sheets for document reproducing machines; bags being envelopes and pouches of paper or plastics for packaging; tailors' chalk; face towels of paper; hat boxes of paper; tracing cloth and paper; bookbinding cloth; canvases for painting; hand towels of paper; photo albums; printed almanacs; hand-held labelling devices; loose-leaf binders; writing instruments; iron-on transfers; printed calendars; printed posters; jackets for papers; passport holders; printed catalogues in the field of clothing; chromos; drawing pen sets; printed daily newspapers; printed newspapers; printed magazines being periodicals in the field of fashion; sealing wax; printed books in the field of fashion; lithographs; wrapping paper; toilet paper; paperweights; paper disk mats for beer glasses; bookmarkers; bookends; inks for writing instruments; inkwells; paper bibs; drawing articles in the nature of drawing paper; graphic design art prints; school supplies, namely, spiral-bound notebooks; writing slates; printed comic books; trays for sorting and counting money; printed embroidery design patterns; paper and plastic packaging bags; printed geographical maps; terrestrial globes; moisteners being office requisites in the nature of hand held devices for wetting stamps, envelopes and gummed paper surfaces; plastics being paste for modelling; printed plans; stencils being stationery; paper or cardboard placards; printed score charts; printed publications in the nature of magazines in the field of art. |
| Goods and Services | Precious metals and their alloys and goods in precious metals or coated therewith, namely, jewellery, bijouterie being jewelry, precious stones; horological and chronometric instruments; ornamental pins being jewelry; 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; medals; collectible coins; silver and gold-plated items, except knives, forks and spoons, namely, bracelets, necklaces, rings and earrings; badges of precious metal; ornaments being jewelry of precious metals for footwear and hats; ashtrays of precious metal for smokers; cuff links; watch chains; clock cases being parts of clocks; cruets of precious metal; vases of precious metal; tea and coffee services in precious metals; threads of precious metal being jewellery; jewel cases in precious metals; cigarette cases of precious metal. |
| Goods and Services | Games in the nature of board games, toys in the nature of toy building blocks; gymnastic apparatus and sporting articles in the nature of surfboards; decorations for Christmas trees; fishing tackle; fishing rods; carnival and theatrical masks; dolls' houses; climbers' harnesses; party favours in the nature of small toys; golf and baseball gloves being game accessories; baseball, boxing, fencing and golf gloves; marionettes; automatic games apparatus for electronic games not adapted for use with television receivers; machines for physical exercises, namely, rowing machines and stationary exercise bicycles; Christmas trees of synthetic material; bladders of balls for games; shin, elbow and knee pads being sports articles for athletic use; kites; baby rattles; kaleidoscopes; rocking horses being toys; toy construction sets; prepaid automatic gaming machines for gambling; playing cards for card games; plush toys; dolls; dolls' clothes; dolls' feeding bottles; chess and draughts games; toys for domestic pets; novelty toys for playing practical jokes; play balloons; billiard tables, sticks, balls and cues; bowls for playing tabletop games; swings; toboggans for games; flying discs being toys; dice games; darts; skis; tables for table football being bar and home football; tables for table tennis; scale model vehicles; skateboards; toy scooters; roller and ice skates; pinatas; paintball guns being sports articles; jigsaw puzzles; rackets; parlour games; toy vehicles; spring boards being sporting articles; golf clubs; soap bubbles, namely, bubble-making wand and solution sets; toy mobiles. |
| 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 | Wednesday, October 30, 2024 |
| 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 | Wednesday, October 30, 2024 |
| 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 | Wednesday, October 30, 2024 |
| Primary Code | 016 |
| 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 | Wednesday, October 30, 2024 |
| 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 | Wednesday, October 30, 2024 |
| 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 | 20 - Owner at Publication |
| Legal Entity Type | 85 - NOT AVAILABLE |
| Address | Arteixo (A CORUÑA) E-15142 ES |
| Party Name | INDUSTRIA DE DISEÑO TEXTIL, S.A. (INDITEX, S.A.) |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 85 - NOT AVAILABLE |
| Address | Arteixo (A CORUÑA) E-15142 ES |
| Event Date | Event Description |
| Thursday, July 28, 2022 | SN ASSIGNED FOR SECT 66A SUBSEQ DESIG FROM IB |
| Wednesday, August 3, 2022 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| Friday, August 5, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, August 9, 2022 | APPLICATION FILING RECEIPT MAILED |
| Thursday, October 20, 2022 | ASSIGNED TO EXAMINER |
| Wednesday, October 26, 2022 | NON-FINAL ACTION WRITTEN |
| Thursday, October 27, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, January 10, 2023 | REFUSAL PROCESSED BY MPU |
| Tuesday, January 10, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, February 6, 2023 | REFUSAL PROCESSED BY IB |
| Friday, February 17, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, February 17, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, February 17, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, March 9, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, March 22, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, April 11, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, April 11, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, June 27, 2023 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, June 27, 2023 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Thursday, July 20, 2023 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Wednesday, September 27, 2023 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Friday, September 29, 2023 | GENERIC MADRID TRANSACTION CREATED |
| Friday, September 29, 2023 | GENERIC MADRID TRANSACTION SENT TO IB |
| Sunday, November 12, 2023 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Wednesday, August 28, 2024 | REQUEST TO CANCEL INADVERTENTLY ISSUED REGISTRATION RECEIVED |
| Monday, September 9, 2024 | ASSIGNED TO PETITION STAFF |
| Wednesday, September 18, 2024 | REG. CANCELLED - RESTORED TO PENDENCY |
| Tuesday, November 12, 2024 | CORRECTION FROM IB ENTERED - ATTORNEY REVIEW REQUIRED |
| Wednesday, December 11, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, December 11, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Saturday, December 28, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Wednesday, March 19, 2025 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, March 19, 2025 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, March 19, 2025 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Wednesday, March 19, 2025 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Wednesday, March 19, 2025 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS |
| Thursday, December 4, 2025 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Thursday, December 4, 2025 | NON-FINAL ACTION WRITTEN |
| Thursday, December 4, 2025 | NON-FINAL ACTION E-MAILED |
| Thursday, December 4, 2025 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, May 1, 2026 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, May 1, 2026 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, May 1, 2026 | TEAS/EMAIL CORRESPONDENCE ENTERED |