| Serial Number | 97621534 |
| Word Mark | CRY BABIES MAGIC TEARS |
| Filing Date | Thursday, October 6, 2022 |
| Status | 748 - STATEMENT OF USE - TO EXAMINER |
| Status Date | Thursday, November 7, 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 | Tuesday, July 18, 2023 |
| Goods and Services | confectionery in the nature of sweets; Chocolate |
| Description of Mark | The mark consists of the stylized wording "CRY" above "BABIES" with a pacifier design above the "S" in "BABIES" and a teardrop design forming the dot of the "I" in "BABIES", all above a design of a signboard hanging by two ropes from "BABIES" and displaying the stylized wording "MAGIC TEARS" depicted with a starry sky pattern and having a five-pointed star design forming the dot of the "I" in "MAGIC", with two pairs of droplet designs each appearing on the left and right sides of the signboard. |
| Goods and Services | Luggage and luggage bags |
| Goods and Services | Bookbinding materials for creating hardcover books, namely, book covers, crack-and-peel binding paper, reinforcement strips, peel-andstick labels, stapler and staples; Stationery; erasers; pencil sharpeners. Adhesives for stationery or household purposes; Drawing materials and artists' materials, namely, pens, pencils, paper, markers, and crayons; Writing kits consisting of pens, pencils, erasers, and printed notebooks; Art kits consisting of wrapping paper, adhesives for stationery and household use |
| Goods and Services | Non-medicated cosmetic and toiletry preparations; Perfumery |
| Goods and Services | Articles of apparel, namely, dresses, pyjamas, shirts, trousers, cardigans, pullovers, skirts; Footwear; Headwear |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| International Class | 003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| US Class Codes | 001, 004, 006, 050, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Sunday, October 23, 2022 |
| Primary Code | 003 |
| First Use Anywhere Date | Saturday, February 1, 2020 |
| First Use In Commerce Date | Monday, March 1, 2021 |
| 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 | Sunday, October 23, 2022 |
| Primary Code | 016 |
| First Use Anywhere Date | Wednesday, January 1, 2020 |
| First Use In Commerce Date | Monday, January 16, 2023 |
| International Class | 018 - Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. |
| US Class Codes | 001, 002, 003, 022, 041 |
| Class Status Code | 6 - Active |
| Class Status Date | Sunday, October 23, 2022 |
| Primary Code | 018 |
| First Use Anywhere Date | Tuesday, June 16, 2020 |
| First Use In Commerce Date | Sunday, January 28, 2024 |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Sunday, October 23, 2022 |
| Primary Code | 025 |
| First Use Anywhere Date | Thursday, December 3, 2020 |
| First Use In Commerce Date | Monday, January 15, 2024 |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Sunday, October 23, 2022 |
| Primary Code | 030 |
| First Use Anywhere Date | Sunday, September 1, 2019 |
| First Use In Commerce Date | Friday, March 24, 2023 |
| Party Name | IMC TOYS, S.A. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | TERRASSA (BARCELONA) 08224 ES |
| Party Name | IMC TOYS, S.A. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | TERRASSA (BARCELONA) 08224 ES |
| Event Date | Event Description |
| Monday, October 10, 2022 | NEW APPLICATION ENTERED |
| Sunday, October 23, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, October 25, 2022 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, December 16, 2022 | ASSIGNED TO EXAMINER |
| Friday, December 30, 2022 | PRIORITY ACTION WRITTEN |
| Friday, December 30, 2022 | PRIORITY ACTION E-MAILED |
| Friday, December 30, 2022 | NOTIFICATION OF PRIORITY ACTION E-MAILED |
| Tuesday, March 28, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, March 28, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, March 30, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, April 11, 2023 | FINAL REFUSAL WRITTEN |
| Tuesday, April 11, 2023 | FINAL REFUSAL E-MAILED |
| Tuesday, April 11, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, May 30, 2023 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Tuesday, May 30, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, May 31, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, June 1, 2023 | ACTION REQ FOR RECON DENIED NO APPEAL FILED COUNTED NOT MAILED |
| Thursday, June 1, 2023 | ACTION FOR REQ FOR RECON DENIED NO APPEAL FILED E-MAILED |
| Thursday, June 1, 2023 | NOTIFICATION FOR REQ FOR RECON DENIED NO APPEAL FILED |
| Tuesday, June 13, 2023 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Tuesday, June 13, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, June 13, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, June 13, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, June 28, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, July 18, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, July 18, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, September 12, 2023 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Friday, February 16, 2024 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Friday, February 16, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, February 16, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, February 16, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, March 11, 2024 | SOU TEAS EXTENSION RECEIVED |
| Monday, March 11, 2024 | SOU EXTENSION 1 FILED |
| Monday, March 11, 2024 | SOU EXTENSION 1 GRANTED |
| Tuesday, March 12, 2024 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Thursday, September 5, 2024 | USE AMENDMENT FILED |
| Thursday, September 5, 2024 | TEAS STATEMENT OF USE RECEIVED |
| Thursday, November 7, 2024 | STATEMENT OF USE PROCESSING COMPLETE |
| Thursday, November 7, 2024 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |