| Serial Number | 79182268 |
| Word Mark | DESIGN & PLAY |
| Filing Date | Monday, October 5, 2015 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, August 16, 2024 |
| Registration Number | 5388729 |
| Registration Date | Tuesday, January 30, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 14, 2017 |
| Description of Mark | The mark consists of the words "DESIGN & PLAY" above an image of a toy airplane made with crayon and paper, all surrounded by a dotted circle. |
| Goods and Services | Trunks and suitcases; umbrellas and parasols; vanity cases, not fitted; key cases; attaché cases; credit card cases; business card cases; wallets; backpacks; handbags; beach bags; traveling bags; bags of leather for packaging; made of fabric handbags; school satchels; leather briefcases; travel bags |
| Goods and Services | Games, namely, puzzles, building sets, building blocks, brain teasers, board games; toys, namely, stuffed animals, puppets, dolls; decorations for Christmas trees; playing cards and board games; toy models; attachable, wearable, magnetic toy figurines; paper face masks; play doll costumes; balls for sports; balloons |
| Goods and Services | Stationery; paper sheets for note taking; index cards; note books; memo pads; drawing boards; drawing sets comprised of pens and rulers; writing and drawing instruments; pencil holders; paintbrushes; pencils; pens; artists' materials, namely, palettes, portfolios, cases specially adapted for holding and carrying art tools, painting cloths; adhesive materials for stationery use; bookbinding material; paper, cardboard and goods made from these materials, namely, boxes, packaging bags, small bags, envelopes, and pouches for packaging; plastic packaging materials, namely, bags, small bags, films, envelopes, plastic pages for holding cards, absorbent sheets for foodstuff packaging; newspapers; books in the field of comics, children's books, recreational activities for adults, recreational activities for children, education, decoration, travels, sightseeing, graphic arts; booklets in the field of activities for children, recreational activities for adults, recreational activities for children, education, decoration, travels, sightseeing, pictures, graphic arts; photographs; paintings, framed or unframed; aquarelles; lithographs; posters; postcards; calendars; greeting cards; almanacs; letter paper; announcement cards; stickers; paper decorative garlands; stencil plates; cards and drawings for coloring; coloring books; posters for coloring; place mats of paper; table linen of paper; tablecloths of paper |
| Pseudo Mark | DESIGN AND PLAY |
| Goods and Services | Clothing, namely, shirts, t-shirts, jackets, pants, shorts, skirts, dresses, footwear, headwear, underwear; clothing, namely, shirts, t-shirts, jackets, pants, shorts, skirts, dresses, footwear, headwear, underwear for coloring; clothing, namely, shirts, t-shirts, jackets, pants, shorts, skirts, dresses, footwear, headwear, underwear of paper or cardboard; clothing, namely, shirts, t-shirts, jackets, pants, shorts, skirts, dresses, footwear, headwear, underwear of paper or cardboard for coloring; masquerade costumes; costumes made of fabric, paper or cardboard for coloring |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Fabrics for textile use; gummed waterproof cloth other than for stationery; oilcloths for use as tablecloths; tracing cloths; upholstery fabrics; tablecloths, not of paper; place mats not of paper; table mats not of paper; curtains of textile or plastic; handkerchiefs of textile; table linen not of paper; household linen; bed linen; bath linen except clothing; covers for cushions; bed covers; bed blankets; bed throws; traveling rugs; table runners not of paper |
| Goods and Services | Franchiser provided services, namely, assistance in running or managing a commercial business; demonstration of goods; retail store services featuring articles of stationery, paper sheets, index cards, writing or drawing books, memo pads, drawing boards, drawing sets, drawing and painting instruments, pencil holders, pens, paintbrushes, pencils, artists' materials, adhesives for stationery, paper, bookbinding material, cardboard and goods made from these materials such as boxes, packaging, bags, small bags, envelopes, pouches, packaging plastic materials, namely, bags, small bags, films, bags, envelopes, cards, sheets and boxes, newspapers, books, booklets, photographs, drawings, images, framed or unframed paintings, watercolor, lithographs, calendars, posters, postcards, greeting cards, almanacs, writing paper, announcement cards, stickers, decorative garlands, stencils coloring cards, drawing books, coloring books, posters for coloring, paper place mats, paper table linen, paper tablecloths, trunks and suitcases, umbrellas and parasols, boxes intended for toiletry articles known as vanity cases, key cases, briefcases, card cases, business card cases, wallets, backpacks, handbags, bags, beach bags, leather bags for packaging, fabric bags, school bags, briefcases, traveling sets leather ware other than for stationery, oilcloths, traced cloths, upholstery fabrics, textile use fabrics, table covers not of paper, table mats not of paper textile or plastic curtains, textile handkerchiefs, table linen, household linen, bed linen, bath linen except clothing, cushions covers, bed covers, bed blankets, traveling rugs, table runners, clothing, footwear, headwear, and underwear, clothing, footwear, headwear, and underwear for coloring, clothing, footwear, headwear, and underwear made of paper or cardboard, clothing, footwear, headgear, and underwear made of paper or cardboard for coloring, costumes, paper, fabric or cardboard costumes for coloring, games, toys, Christmas trees decorations, playing cards and board games, figurines, models, costume masks, sports balls, jewelry, timepieces, jewelry cases, key rings, statues, figurines, works of art, decorative goods, furniture, tableware, glasses, mirrors, picture frames, cushions, mattresses, bedding, boxes, wood, plastic or metal chests and packaging containers, household or kitchen use utensils and containers, wallpaper, porcelain, earthenware, and ground sheets |
| NOT AVAILABLE | "DESIGN & PLAY" FOR INTERNATIONAL CLASSES 16, 25 AND 28 |
| Goods and Services | Industrial and graphic design services; graphic arts designing; packaging design services; dress designing; design of interior decor |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, August 16, 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, August 16, 2024 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, August 16, 2024 |
| Primary Code | 042 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, August 16, 2024 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, August 16, 2024 |
| Primary Code | 018 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 024 - Textiles and textile goods, not included in other classes; beds and table covers. |
| US Class Codes | 042, 050 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, August 16, 2024 |
| Primary Code | 024 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, August 16, 2024 |
| Primary Code | 025 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | OMY |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Party Name | OMY |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Party Name | OMY |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Event Date | Event Description |
| Monday, July 25, 2016 | PAPER RECEIVED |
| Thursday, February 11, 2016 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Tuesday, February 16, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, February 16, 2016 | ASSIGNED TO EXAMINER |
| Thursday, February 18, 2016 | NON-FINAL ACTION WRITTEN |
| Friday, February 19, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, February 19, 2016 | REFUSAL PROCESSED BY MPU |
| Friday, February 19, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, February 20, 2016 | APPLICATION FILING RECEIPT MAILED |
| Friday, March 11, 2016 | REFUSAL PROCESSED BY IB |
| Friday, February 24, 2017 | AMENDMENT FROM APPLICANT ENTERED |
| Thursday, July 28, 2016 | PAPER RECEIVED |
| Thursday, August 4, 2016 | ASSIGNED TO LIE |
| Friday, August 12, 2016 | ASSIGNED TO LIE |
| Tuesday, August 16, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, August 16, 2016 | AMENDMENT FROM APPLICANT ENTERED |
| Wednesday, August 17, 2016 | NON-FINAL ACTION WRITTEN |
| Thursday, August 18, 2016 | NON-FINAL ACTION MAILED |
| Monday, February 13, 2017 | PAPER RECEIVED |
| Friday, February 24, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, October 11, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Friday, March 10, 2017 | FINAL REFUSAL WRITTEN |
| Friday, March 10, 2017 | FINAL REFUSAL MAILED |
| Monday, March 13, 2017 | UNRESPONSIVE/DUPLICATE PAPER RECEIVED |
| Monday, March 13, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, March 13, 2017 | AMENDMENT FROM APPLICANT ENTERED |
| Wednesday, July 12, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, July 12, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Friday, July 28, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Wednesday, October 11, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, October 25, 2017 | NOTICE OF PUBLICATION |
| Tuesday, November 14, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, January 30, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Monday, April 30, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Thursday, May 3, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Wednesday, October 11, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, October 11, 2017 | EXAMINERS AMENDMENT MAILED |
| Thursday, May 3, 2018 | FINAL DISPOSITION PROCESSED |
| Friday, June 15, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, February 26, 2021 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, August 16, 2024 | CANCELLED SECTION 71 |
| Saturday, August 20, 2022 | NEW REPRESENTATIVE AT IB RECEIVED |