| Serial Number | 79405133 |
| Word Mark | DIATTO |
| Filing Date | Tuesday, April 23, 2024 |
| Status | 641 - NON-FINAL ACTION - MAILED |
| Status Date | Friday, November 22, 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 | NOT AVAILABLE |
| Description of Mark | The mark consists of the verbal element "DIATTO" in fancy characters, in white, on an oval-shaped background in red delimited by a golden border, inside which there is a series of small stylized balls in white. |
| Goods and Services | Eyeglasses; Sunglasses; anti-glare glasses; goggles for sports; swimming goggles; eyeglass and sunglass cases; eyeglass and sunglass frames; eyeglass and sunglass chains; magnifying glasses; 3D spectacles; smart glasses; eyeglass lenses; sunglass lenses; sunglass cords; eyeglass cords; downloadable electronic game software for cellular phones; computer game software; downloadable computer game software; simulators for the steering and control of vehicles; electronic sports training simulators; headsets for playing video games; bags adapted for laptops; sleeves for laptops; cases for laptops; computer mouse; mouse pads; mobile telephones; mobile phone covers; mobile phone holders; downloadable graphics for mobile phones; cell phone straps; battery chargers; cell phone battery chargers for use in vehicles; smartphones; covers for smartphones; cases for smartphones incorporating a keyboard; earpieces for remote communication; smartwatches; hand-held personal computers; wearable computers; protective helmets; headgear being protective helmets; gloves for protection against accidents; shoes for protection against accidents, irradiation and fire; garments for protection against fire; speed checking apparatus for vehicles; speedometers for vehicles; electric wire harnesses for automobiles; rearview cameras for vehicles; steering apparatus, automatic, for vehicles; automatic indicators of low pressure in vehicle tyres; voltage regulators for vehicles; mileage recorders for vehicles; hands-free kits for cellular phones; electric locks for vehicles; electronic key cards; navigation apparatus for vehicles (on-board computers); electric accumulators for vehicles; parking sensors for vehicles; vehicle radios; car televisions; remote control apparatus for opening and closing vehicle doors; battery starter cables; thermostats for vehicles; vehicle breakdown warning triangles; batteries for vehicles; car antennas; head-up displays (HUDs) for vehicles in the nature of transparent electronic displays for providing users with navigational and operational information; wheel alignment meters; magnets; decorative magnets; lanyards for cell phones |
| Goods and Services | Key cases; Empty tool pouches; trunks; travelling trunks; leather and imitation leather bags; shoulder bags; hiking bags; beach bags; bags for sports; wheeled shopping bags; empty tool bags; key bags; purses; handbags; small pouches; briefcases (leather goods); school backpacks; briefcase-type portfolios; school bags; pouches of leather; slings for carrying infants; business card cases; credit card cases being wallets; overnight bags; pocket wallets; haversacks; bags for carrying animals; attache cases; suitcases; rucksacks; hiking rucksacks; pouches for holding make-up, keys and other personal items; garment carriers for suits, shirts and dresses; textile shopping bags; all-purpose sports bags; umbrellas, parasols and walking sticks; bags for umbrellas; parasols; umbrellas; walking sticks; walking stick seats; hiking sticks; cases of leather or leatherboard; unworked or semi-worked leather; credit card holders of leather; moleskin being imitation of leather; imitation leather; animal skins; boxes of leather or leatherboard; leathercloth; clothing for pets; saddlery of leather; collars for animals; whips; leashes; muzzles; riding saddles |
| Goods and Services | Apparatus for games adapted for use with an external display screen or monitor; Video game machines for use with televisions; video game machines; electronic games consoles adapted for use with an external display screen or monitor; controllers for game consoles; joysticks for video games; handheld video game consoles; video game consoles; toy models; scale model vehicles; toy vehicles; tricycles for infants (toys); balance bicycles (toys); radio-controlled toy vehicles; plush toys; teddy bears; playing cards; building games; board games; card games; dart games; toys for pets; snowboards; skis; waterskis; ski bindings; ski sticks; bags especially designed for skis; rackets; roller skates; ice skates; golf clubs; skateboards; balls for games; surfboards; sailboards; fishing rod cases; elbow guards for athletic use; shin guards for athletic use; knee guards for athletic use |
| Goods and Services | Jackets; Ski jackets; wind-resistant jackets; down jackets; bomber jackets; anoraks; blazers; overcoats; coats; dusters, being clothing; waterproof jackets; cardigans; sweaters; shirts; tee-shirts; golf shirts; sweatshirts; jerseys being clothing; sports jerseys; trousers; shorts; Bermuda shorts; denim pants; skirts; tracksuits; evening wear; gowns; braces (suspenders) for clothing; cuffs being clothing; aprons being clothing; clothing for gymnastics, namely, gymnastic pants, gymnastic shorts and gymnastic jackets; leggings (leg warmers); leggings being trousers; pockets for clothing; collars (clothing); rainwear; waterproof clothing, namely waterproof jackets and pants; motorists' clothing, namely jackets and pants for motorists; snowsuits; body warmers; pocket squares; rash guards; waistcoats; bathing suits; bathing trunks; bathing caps; bathrobes; underwear; knickers; underpants; slips, being underclothing; pyjamas; dressing gowns; nightgowns; bibs, not of paper; romper suits; layettes [clothing]; socks; stockings; tights; shoes; sports shoes; sneakers; slippers; sandals; boots; ski boots; snow boots; bags specially adapted for ski boots; soles for footwear; footwear uppers; inner soles; tips for footwear; heelpieces for footwear; heels; overshoes; neckwear; scarves; bandanas (neckerchiefs); neckties; gloves (clothing); driving gloves; ski gloves; belts (clothing); muffs (clothing); fur stoles; shawls; sashes for wear; caps being headwear; hats; cap peaks; visors being headwear; berets; headbands; hoods; shower caps; sleep masks; balaclavas; visor caps; ear muffs |
| Goods and Services | Eau de Cologne; Body deodorants; perfumes for personal use; perfumes; make-up products; make-up removing products; make-up; cakes of toilet soap; non-medicated soaps; body washes; bath foams; bath creams; aromatic oils; bath preparations, not for medical use; bath salts, not for medical use; antiperspirants for personal use; deodorants for body care; body sprays; skin revitalizing products; sunscreen creams; cosmetic creams for skin care; cosmetic creams; after-shave creams; skin cleansers; skin emollients; sun-tanning gels; skin moisturizers for cosmetic use; body milks; skin lotions for cosmetic use; cosmetic sun-protecting preparations; skin cleansing lotions; cosmetic masks; essential oils for cosmetic use; oils for cosmetic use; cosmetics; sunscreen preparations; wipes impregnated with a skin cleanser; talcum powder, for toilet use; toners for cosmetic use; non-medicated hair balms; hair care creams; hair sprays; shaving lotions; hair lotions; beauty care preparations for hair; shampoos; after-shave lotions; shaving products; shaving soap; essential-oil-based creams for aromatherapy; ethereal essences; essential oils; detergents for automobiles; waxes for automobiles; windscreen cleaning liquids; automobile polish; cleaning products for automobiles; incense; potpourris fragrances; products for perfuming linen; air fragrancing preparations; perfuming sachets; scented room sprays; toothpastes; breath freshening sprays; cosmetics for animals; deodorants for pets; abrasive papers; polishing stone; rust-removing products; shoemakers' wax |
| Goods and Services | Jewellery; Paste jewellery; amulets being jewellery; rings being jewellery; bracelets being jewellery; chains being jewellery; pendants being jewellery; necklaces being jewellery; tie clips; cuff links; medals; medallions being jewellery; earrings; pearls being jewellery; precious stones; tie pins; ornamental pins; jewellery rolls; presentation boxes for jewellery; jewellery boxes; precious and semi-precious gems; semi-precious stones; precious metals; watch bands; watch chains; chronographs as watches; chronometers; movements for clocks and watches; clocks; wristwatches; watches; automobile clocks; alarm clocks; presentation boxes for watches; boxes for timepieces; charms for key rings; lanyards for keys; key rings comprised of split rings with trinket or decorative fob |
| Indication of Colors claimed | The color(s) gold (RAL 1005), red (RAL 3003) and white is/are claimed as a feature of the mark. |
| Goods and Services | Retail or wholesale services, also on-line, for cars, sports cars, vehicles, apparatus for locomotion by land, air or water; Retail or wholesale services, also on-line, for non-medicated cosmetics and toiletry preparations, non-medicated dentifrices, perfumery, essential oils, cleaning, polishing, scouring and abrasive preparations; retail or wholesale services, also on-line, for eyewear, spectacles, sunglasses, anti-glare glasses, goggles for sports, swim goggles, eyewear cases, cases for eyeglasses and sunglasses, lenses for eyeglasses and sunglasses, frames for eyeglasses and sunglasses, chains for spectacles and sunglasses, straps for spectacles and sunglasses, pince-nez, correcting lenses (optics); retail or wholesale services, also on-line, for protective covers, cases and covers for electronic apparatus, cases and covers for electronic devices; retail or wholesale services, also on-line, for scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; retail or wholesale services, also on-line, for apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data, recorded and downloadable media, computer software, blank digital or analogue recording and storage media, mechanisms for coin-operated apparatus, cash registers, calculating devices, computers and computer peripheral devices, diving suits, divers' masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming, fire-extinguishing apparatus; retail or wholesale services, also on-line, for precious metals and their alloys, jewellery, costume jewellery, precious and semi-precious stones, horological and chronometric instruments, key holders; retail or wholesale services, also on-line, for bags, covers and cases being leatherware, leatherware, leather and imitations of leather, animal skins and hides, luggage and carrying bags, umbrellas and parasols, walking sticks, whips, harness and saddlery, collars, leashes and clothing for animals; retail or wholesale services, also on-line, for clothing articles, footwear, headwear; retail or wholesale services, also on-line, for scale model vehicles, games, toys, video game apparatus, gymnastic and sporting articles, decorations for Christmas trees; providing commercial information and advice for consumers in the choice of products and services; providing information and advice to consumers regarding the selection of products and items to be purchased; sales promotion for others; outsourcing services in the nature of arranging service contracts for others; procurement services, namely, purchasing vehicles for others; demonstration of goods; shop window dressing; sponsorship search; business inquiries; providing business information; administrative processing of purchase orders; auctioneering; auctioneering provided on the internet; commercial administration of the licensing of the goods and services of others; provision of an online marketplace for buyers and sellers of goods and services; providing business information via a website; organization of fashion shows for promotional purposes; organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes; organization of advertising events; arranging and conducting of promotional and marketing events; event marketing; news clipping services; public relations; online advertising on a computer network; bill-posting; rental of advertising space; publicity material rental; dissemination of advertising matter; advertising agency services; modelling for advertising or sales promotion; writing of publicity texts; publication of publicity texts; distribution of samples for advertising purposes; advertising planning services; promotional services; search engine optimization for sales promotion purposes; website traffic optimization; consultancy regarding communication (advertising); consultancy regarding communication (public relations); outdoor advertising; media relations services; corporate communications services, namely, online advertising on corporate communication networks; commercial lobbying services; layout services for advertising purposes; direct mail advertising; advertising services to create brand identity for others; promotion of goods of others through influencers; business management and organization consultancy; consultancy and advisory services in the field of business strategy; business research; business management assistance; import-export agency services; economic forecasting; marketing research; conducting marketing studies; business investigations; public opinion polling; targeted marketing; influencer marketing; business consultancy services for digital transformation; business assistance; business advisory services relating to the establishment and operation of franchises; business management services relating to franchising |
| Goods and Services | Cars; Racing cars; sports cars; self-driving cars; hydrogen-fueled cars; electric vehicles, namely electric cars; autonomous land vehicles; sports utility vehicles; trailers; electric motors for land vehicles; engines for land vehicles; vehicle seats; seat covers for vehicles; fitted covers for vehicles; steering wheels for vehicles; covers for vehicle steering wheels; fitted dashboard covers for vehicles; doors for automobiles; handles for automobile doors; upholstery for vehicles; interior trim for automobiles; sun blinds adapted for automobiles; sun visors for automobiles; head-rests for vehicle seats; ski carriers for automobiles; cigar lighters for automobiles; luggage carriers for vehicles; seat cushions for automobiles; pneumatic tyres; casings for pneumatic tyres; inner tubes for pneumatic tyres; automobile tyres; adhesive rubber patches for repairing inner tubes; clips adapted for fastening automobile parts to automobile bodies; bodies for vehicles; vehicle chassis; hoods for vehicles; vehicle bumpers; driving motors for land vehicles; mudguards for automobiles; rearview mirrors; windows for vehicles; vehicle windscreens; windscreen wipers; brakes for vehicles; fuel tanks for land vehicles; caps for vehicle fuel tanks; horns for vehicles; crankcases for land vehicle components, other than for engines and motors; automobile wheels; rims for vehicle wheels; freewheels for land vehicles; lug nuts for vehicle wheels; sun roofs for automobiles; ashtrays for automobiles; cup holders for vehicles; vehicle bonnet pins; bearings as parts of vehicles; bicycles; electric bicycles; structural parts for bicycles; trailers for transporting bicycles; motorcycles; structural parts for motorcycles; push scooters; tricycles; safety belts for vehicle seats; air bags for automobiles; non-skid devices for vehicle tires, namely, anti-skid chains; safety seats for children, for vehicles; pet safety seats for use in vehicles; anti-theft devices for vehicles; prams; pushchairs; pet strollers; trucks; buses; ships; boats; sailboats; motorboats; airplanes; helicopters; ferry boats; house boats; locomotives; electric locomotives; ambulances; amphibious vehicles; canoes; yachts; hovercraft; hydroplanes; sailplanes; ski lifts; snowmobiles; tractors; motorized scooters; all-terrain vehicles; carts; go carts; motor coaches; forklift trucks; funicular railcars; luggage racks for automobiles; parachutes; two-wheeled trolleys; golf buggies; self-balancing scooters; self-balancing boards; self-balancing electric unicycles; water scooters [personal watercraft]; tow trucks; railway passenger cars; dining cars; photography drones; surveillance towers specially adapted for vehicles; pneumatic or hydraulic linear actuators for land vehicles; motorized skateboards |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, September 27, 2024 |
| 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 | Friday, September 27, 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 | Friday, September 27, 2024 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Friday, September 27, 2024 |
| Primary Code | 003 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Friday, September 27, 2024 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 012 - Vehicles; apparatus for locomotion by land, air, or water. |
| US Class Codes | 019, 021, 023, 031, 035, 044 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, September 27, 2024 |
| Primary Code | 012 |
| 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 | Friday, September 27, 2024 |
| Primary Code | 014 |
| 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 | 6 - Active |
| Class Status Date | Friday, September 27, 2024 |
| Primary Code | 018 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | GMP Consulting SAGL |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | CH |
| Event Date | Event Description |
| Thursday, September 26, 2024 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, September 27, 2024 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| Tuesday, October 1, 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, October 1, 2024 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, November 6, 2024 | ASSIGNED TO EXAMINER |
| Thursday, November 14, 2024 | NON-FINAL ACTION WRITTEN |
| Friday, November 15, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, November 22, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, November 22, 2024 | REFUSAL PROCESSED BY MPU |