| Serial Number | 85084503 |
| Word Mark | DIAMOND WALTRIP RACING |
| Filing Date | Wednesday, July 14, 2010 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, October 1, 2012 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, January 3, 2012 |
| Disclaimer with Predetermined Text | "RACING" |
| Goods and Services | paper goods and printed material, namely, brochures, magazines, newsletters, pamphlets, souvenir programs, statistical record sheets, and books featuring sports and music; trading cards; commemorative stamp sheets; postcards; note cards; posters; stickers; bumper stickers; decals; static decals; static clings made of paper; calendars; paper place mats; paper pennants; paper banners; unmounted and mounted photographs; art prints; photographic prints; lithographic prints; memo pads; note pads; pens; pencils; binders; folders; book covers; stationery and stationery type portfolios; life-size stand up photographs; paper cake decorations, photo albums |
| Goods and Services | Clothing, namely, sweatshirts, sweat pants, sweat suits, warm-up suits, shirts, sports shirts, golf shirts, t-shirts, tank tops, sweaters, dresses, skirts, jerseys, long pants, sport shorts, shorts, bathing suits, pants, jackets, coats, hats, caps, bandanas, visors, belts, suspenders, head bands, wrist bands, socks, hosiery, footwear, gloves, scarves, neckties, raincoats, ponchos, pajamas, night shirts, night gowns and robes; masquerade costumes, namely, replica driver suits; infant wear, and cloth baby bibs not of paper; men's and women's twill replica driver suit jackets; leather jackets |
| Goods and Services | Toys and sporting goods, namely, miniature replica automobiles, automobile hoods, airplanes, trucks, boats, motorcycles and all terrain vehicles; radio-controlled toy cars, airplanes, trucks, boats, motorcycles and all terrain vehicles; toy model automobiles, airplanes, trucks, boats, motorcycles and all-terrain vehicles; automobile, airplane, truck, boat, motorcycle, and all terrain vehicle toy banks; toy slot track cars and trucks; toy pedal stock cars and trucks; sports balls, namely, baseballs, basketballs, footballs, beach balls, tennis balls, volleyballs, soccer balls and golf balls; golf bags; baseball table top games; sport board games; dolls; stuffed toys; stuffed toy animals; stuffed toy cars and trucks; toy action figures; Christmas tree ornaments; balloons; miniature toy racing helmets; and yo-yos; stand alone and handheld video game machines; playing cards; bean bags; hand held units for playing electronic games other than those adapted for use with an external display screen or monitor; snow globes; ride-on miniature vehicles; strategy card games; and lottery tickets |
| Goods and Services | entertainment in the nature of participating in professional automobile races and auto racing exhibitions |
| Name/Portrait Description and/or Consent Statement | The name(s), portrait(s), and/or signature(s) shown in the mark identifies "WALTRIP", whose consent(s) to register is made of record. |
| 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, July 19, 2010 |
| 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, July 19, 2010 |
| Primary Code | 025 |
| 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, July 19, 2010 |
| Primary Code | 028 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Monday, July 19, 2010 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Michael Waltrip Racing, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Cornelius, DE 28031 |
| Party Name | Michael Waltrip Racing, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Cornelius, DE 28031 |
| Event Date | Event Description |
| Monday, October 1, 2012 | ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED |
| Monday, October 1, 2012 | ABANDONMENT - NO USE STATEMENT FILED |
| Tuesday, February 28, 2012 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, January 3, 2012 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, January 3, 2012 | PUBLISHED FOR OPPOSITION |
| Wednesday, December 14, 2011 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Monday, November 28, 2011 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, November 23, 2011 | ASSIGNED TO LIE |
| Tuesday, November 1, 2011 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, October 10, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, October 10, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, October 10, 2011 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Monday, May 23, 2011 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Monday, May 23, 2011 | FINAL REFUSAL E-MAILED |
| Monday, May 23, 2011 | FINAL REFUSAL WRITTEN |
| Monday, May 2, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, May 2, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, May 2, 2011 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, November 3, 2010 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, November 3, 2010 | NON-FINAL ACTION E-MAILED |
| Wednesday, November 3, 2010 | NON-FINAL ACTION WRITTEN |
| Wednesday, October 27, 2010 | ASSIGNED TO EXAMINER |
| Tuesday, July 20, 2010 | NOTICE OF PSEUDO MARK MAILED |
| Monday, July 19, 2010 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Saturday, July 17, 2010 | NEW APPLICATION ENTERED IN TRAM |