| Serial Number | 79025969 |
| Word Mark | DON'T BE A USER. BE A CONGSTER |
| Filing Date | Friday, August 26, 2005 |
| Status | 404 - IR CANCELLED - US REGISTRATION CANCELLED |
| Status Date | Wednesday, August 26, 2015 |
| Registration Number | 3348740 |
| Registration Date | Tuesday, December 4, 2007 |
| Mark Drawing | 5000 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, September 4, 2007 |
| Indication of Colors claimed | The color(s) green, red, black and white is/are claimed as a feature of the mark. |
| Description of Mark | The mark consists of the words DON'T BE A USER. BE A CONGSTER in stylized format. The words DON'T BE A USER. BE A are in black. The letters CONG are in green, the letters STER are in red, and there is a white outline around the lettering of the word CONGSTER. |
| Goods and Services | Data processors and computers; computer operating systems; hand held computers; apparatus for games adapted for use with television receivers only, namely, computer game joysticks, computer game equipment containing memory devices namely, discs; recorded computer software programs for use in operating telecommunications and business management systems in connection with providing telecommunications services, and related instruction manuals sold as a unit; recorded computer programs for providing access to computer networks, databases and electronic mail boxes; radios; radios incorporating clocks, radio cassette recorders; CD players; DVD players; stereo equipment, namely, amplifiers; home cinema apparatus, namely, movie projectors; televisions; cameras; digital cameras; adaptors, namely, musical instrument adaptors, plug adaptors, apparatus for recording, transmission or reproduction of sound and images, namely power supply connectors and adaptors for use with portable electronic devices; microphones; portable telephones; apparatus and instruments for communications technology, namely, apparatus for transmission of news, and apparatus and instruments for high-frequency engineering of communication devices, for regulating engineering of communication devices and for enabling mobile telecommunication; apparatus for mobile telecommunication, namely, mobile telephones, mobile telephone batteries, mobile phone straps, mobile telephone cases, mobile telephone apparatus with built-in facsimile systems, keyboards for mobile phones, encoded electronic chip cards for identifying particular users of mobile telephones, devices for hands-free use of mobile phones, computer application software for mobile phones that functions to allow access to a global computer network, recorded computer software to enable the transmission of photographs to mobile telephones, computer software, namely, an application allowing sales and field service employees to update and receive data stored in an enterprise's computer databases in real time, using a mobile device, with full telephony integration with the telephone and/or software features of the mobile device; blank integrated circuit cards for recording, transmitting, and reproducing sound and images in mobile telephone services, electronic apparatus and instruments, namely, electronic mail apparatus for electronic exchange of data images and messages; electronic encryption units; apparatus for speech recording and replaying, namely, digital voice recognition and speech-to-text devices; modems; computer hardware for recording, transmission and reproduction of data; blank magnetic data carriers; calculators; integrated circuit chips for transfer of graphic data between a display monitor and the operating system as a component of video games software; data processing encoders; blank magnetic data carriers, namely, read-only memory and permanent memory compact discs, and blank audio and video compact discs; recorded computer game programs, recorded computer software for financial accounting, for the provision of online information services in the field of news, sports, entertainment, culture, business and finance, weather and travel, network management, computer proxy, billing analysis, network access control and for creating and maintaining firewalls; computer software programs for accessing a global computer network and interactive computer communications networks; computer programs recorded on data carriers, namely computer operating programs, computer peripherals; blank optical data carriers; interface devices or programs for computers, namely, computer interface boards, computer mouse and mouse pad, computer peripherals and parts thereof; interface circuits for video cameras; computer monitors; blank smart cards, namely, blank integrated circuit cards, and ISDN cards; memory cards for data processing installations; computer networking hardware; electric cables, electric cable channels, namely, multi-channel optical switches, cable tracers for electrical wiring, namely, electronic test and measurement devices for use in the fields of networks and telecommunications, namely, instrumentation used to test and certify new and existing data and voice communication cable and coaxial cable, cable identification jackets for electrical wiring, namely, protective sheaths for fiber optical cables, cable dampers, namely, integrated and external elastomeric and friction cable dampers |
| Goods and Services | Paper and cardboard; publications and printed matter, namely, books, booklets and magazines about computers, computer networks, computer databases, computer services and Internet services; bookbinding material, namely, bookbinding tape, bookbinding wire and bookbinding cloth; photographs; stationery; adhesives for stationary or household purposes; artists' materials, namely, paint brushes, drawing and painting materials, namely, pencils, drawing pencils, pens, drawing pens, paint trays, painting sets for artists, painting sets for children, arts and craft paint kits, and pencil cases; typewriters and office requisites, namely, folders for letters and loose papers; stationery clear hole tab reinforcements; rubber stamps and impression stamps; paper weights; letter openers; drawing and ungraduated rulers; erasers; staplers; paper clips; blotting pads; desk file trays; desk stands and holders for holding stationery and office implements; printed instructional and teaching material in the field of telecommunications, information technology, safety, news, sports, entertainment, culture, business and finance, weather and travel; plastic for packaging, namely, plastic bubble packs for wrapping or packaging; printing type; printing blocks |
| Goods and Services | Clothing, namely, shirts, dresses, pants, jackets, coats, T-shirts, shorts; headwear, namely, caps and hats; footwear |
| Goods and Services | Toys, namely, board games, parlor games, card games, toy action figures, wind-up toys, stuffed toys, electrical and mechanical action toys; playground equipment, namely, climbing frames, slides, swings; sports equipment for outdoor activities, namely, football equipment and accessories, namely, footballs, football shoulder pads, football girdles, football body protectors, football knee, elbow, chest and leg pads, soccer equipment and accessories, namely, soccer balls, soccer ball goal nets, soccer ball knee pads, baseball equipment and accessories, namely baseballs, baseball bats, baseball bases, baseball mitts, baseball gloves, basketball equipment and accessories, namely, basketballs, basketball goals, basketball nets, and all parts related thereto; toy, namely, battery-powered children's computer game with LCD screen which features animation and sound effects; apparatus for electronic games other than those adapted for use with television receivers only, namely, a hand held unit for playing electronic games |
| Goods and Services | Advertising and marketing services, namely dissemination of advertising for others on the Internet; providing advertising services via an online advertising platform for the presentation of electronic advertising and market research within and outside of a closed user group; business management and business administration; providing office functions; provision of business information; banner exchange, namely rental of advertising space on the Internet; dissemination of advertising brochures; rental of advertising space, and rental of ad space on the Internet; services of an advertising agency, namely, dissemination of advertising matter, updating of advertising material, distribution of advertising material, advertising via dissemination of advertising brochures, publication of publicity texts, demonstration of goods for others for advertising purposes; agencies for advertising time and space on the Internet; advertising in the area of telecommunications, namely production and distribution of radio commercials; services of a multimedia agency, namely advertising consultation in the nature of planning and design of multimedia advertising measures and promotions; management of computerized files; computerized accounting services; business management consulting and advisory services with respect to the use of computer hardware and software and the Internet; organizational services for business purposes, namely, organizational project planning and organizational project management for advertising, organizing appearances of companies on the Internet, and organizational project planning and organizational project management in general with respect to electronic data processing (EDP); systemization and compilation of data into computer databases; compilation and analysis of business statistics; providing home shopping services in the field of general merchandise via a teleshopping channel that comprises the presentation of and making offers on goods and services of others and processing of the purchase transaction; business marketing services, namely, procurement of business and supply contacts via the Internet; economic consulting to commercial sectors and commercial information agency services on the Internet; promoting the goods and services of others by means of operating an on-line shopping mall with links to the retail web sites of others; auctioneering, and online auctioneering; telephone answering service for unavailable subscribers; organizing and holding exhibitions and conventions for commercial and advertising purposes; promotion, advertising and marketing of on-line websites of others, namely, marketing for third parties in digital networks; management of a call center for others, namely, the processing, handling and forwarding of orders for goods or services; operation and provision of a hotline, namely providing business advice to Internet users over the telephone; compilation of information into computer databases; online services, namely the electronic processing of orders for goods for others; economic consulting and information for the industrial and commercial sectors for planning, organizing, monitoring and carrying out unique and complex projects in different sectors of one or several companies, namely, economic development and planning of installations for telecommunication; provision of product information and consumer advice; invoicing services, namely, processing and invoicing of contracts on sales of goods of others via computer networks for e-commerce services and online shopping; licensing of computer software and services in the area of the internet, namely services for online shopping, namely providing on-line databases relating to the advertising and retail of sale of goods of others; services relating to the analysis, evaluation, creation and brand establishment of domain names, namely, processing of contracts on the purchase and sale of domain names for third parties; services in the area of the internet, namely services for online shopping, namely provision of on-line databases relating to the sale of goods |
| Goods and Services | Online banking; electronic payment, namely, electronic processing and transmission of bill payment data; electronic commerce payment services, namely, establishing funded accounts used to purchase goods and services on the Internet; providing electronic processing of credit card transactions and electronic payments via a global computer network; credit inquiry and consultation; services of an electronic stock exchange, namely, organization of stock exchanges for the benefit of the trade of stocks and other financial values, stock exchange price quotations, providing stock market information |
| Goods and Services | Installation of hardware for access to the Internet; installation of wires for access to the Internet; computer installation, maintenance and servicing of virtual networks; installation of computer networks; maintenance of computer hardware |
| Goods and Services | Telecommunications services, namely electric, digital, cellular and wireless transmission of voice, data, information, images, signals and messages and transmission of voice, data, images, audio, video and information via telephone, television and global communication networks; transmission of information by electronic communications networks; Internet Service Provider (ISP), namely, collecting, providing, supplying, transmitting of text, audio and visual information, electronic transmission of news; rental of telecommunications equipment; teletext service; e-mail services; electronic transmission of short text messages; telecommunications services via fiber optic and radio-based networks and cable networks; rental of telecommunications lines; radio broadcasting; transmission of news, namely, the collection and supply of news and images on the Internet; electronic transmission of messages and images; transmission of information by electronic communications networks; computer-aided transmission of messages and images; personal paging services; transmission of information on optical telecommunication networks; providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the field of general interest; computer and satellite aided transmission of news, information, data, images; telephone communication services, namely, exchange of information via telephone channels; web messaging, namely forwarding of messages of all types to Internet addresses; mobile telephony services, namely, providing universal systems for mobile telecommunications; provision of Internet access via Internet dial-up points; services of an Internet provider, namely providing access to information and entertainment programs on the Internet; radio and television broadcasting, namely, provision of telecommunication access to video and audio content from a radio station and television station via video-on-demand services via the Internet; television broadcasting, namely, provision of a television station via the Internet; telephone communication services; facsimile transmission services; electronic data transmission, namely, placement of data into digital networks; providing access to telecommunication networks, namely, access to the Internet and access to texts, graphics, audio-visual and multimedia information, documents and computer programs; rental of telecommunication equipment for access to the Internet; electronic data transmission, namely, encoded transmission of data; video on demand transmission and broadcasting services; providing dedicated multiple-user Internet access via Internet dial-up points |
| Goods and Services | Education and instruction, namely, educational services in the nature of classes and seminars in the fields of business, telecommunications and computers, and the distribution of course materials therewith; educational and entertainment services, namely, television and video production services; entertainment in the nature of visual and audio performances, namely, musical band, rock group, gymnastic, dance, and ballet performances; entertainment services, namely, providing musical, variety, news and comedy shows via a global computer information network; entertainment services, namely, providing on-line computer games for children and adults; providing news in the nature of current event reporting and entertainment in the nature of prerecorded entertainment videos and general information via telephone, television and global communications networks; organizing community sporting and cultural events; publication of books, magazines, journals, manuals, brochures and leaflets on the subject of telecommunications; electronic publishing services, namely, publication of text and graphic works of others on telecommunications recorded on electronic media; organizing fairs and exhibitions in the field of visual and audio performances, namely, musical band, rock group, gymnastic, dance, and ballet performances; photography services |
| Goods and Services | Scientific research; application service provider, namely, hosting computer software applications for others, hosting of digital content on the internet; hosting the websites of others on a computer server for a global computer network; computer services, namely, creating indexes of information available on computer networks; providing information in the field of information technology via interactive communication networks via the telephone and via the global communication networks in the field of information technology; application service provider featuring software for providing an online database, namely computer-based information and computer-based research and reference materials in the field of information technology; services in the areas of computer technology, namely computer consulting services and computer system analyses; computer software design for others; computer programming for others; technical development and planning of equipment for telecommunications, namely, planning, development and technical support of electronic communications networks; image processing software design; providing temporary use of non-downloadable computer software for the transmission of pictures over computer networks, intranets and the internet; updating of software programs for others; maintenance of computer software; rental of computer software; database computer services, namely acting as an application service provider featuring software in the fields of knowledge management to host computer application software for the collection, editing, organizing, modifying, book marking, transmission, saving, backing up, and storage, restoration, copying, and maintenance of computer data; industrial property rights consultation; consultation in the design of home pages and internet sites; design, programming, creation, setting up internet sites for online and offline operation for others; design, creation, hosting and maintenance of internet sites for third parties; registration of domain names for identification of users on a global computer network; on-line security services, namely, providing security and anonymity for electronically transmitted credit card transactions; data encryption; computer consultation in the field of computer security, namely, technical planning and conceptual design for solutions for secure data transmission and for safeguarding against unauthorized data access from the outside; installation of computer software; technical planning and conceptual design of internal and external computer networks for others; maintenance of internet sites for third parties; technical consultation in the area of the internet, providing a hotline for the internet, namely interactive technical consultation provided to Internet users in the area of the internet by means of a support hotline; configuration, namely, design of computer networks for others; technical support, namely, monitoring of network systems; server administration of name servers on the internet, namely, displaying the web sites and images of others on a computer server; rental of a database server to third parties; design and development of multimedia products, namely, web stations; web hosting, namely placement of web sites on the internet for third parties; design, creation, hosting and maintenance of internet sites for third parties; computer programming of multimedia equipment; computer programming of multimedia applications; technical consultation regarding the use of computer hardware, software and the internet; design of computer programs for statistical analyses; design of computer programs for online banking; development of universal systems for mobile telecommunications; providing information at the specific request of end-users by means of telephone or global communications networks; computer services, namely, creating and maintaining web sites for others; registration of domain names for identification of users on a global computer network |
| Pseudo Mark | DO NOT BE A USER. BE A CONGSTER |
| 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 | 1 - Sec. 7(d) - Entire Registration |
| Class Status Date | Tuesday, May 13, 2014 |
| Primary Code | 009 |
| 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 | 1 - Sec. 7(d) - Entire Registration |
| Class Status Date | Tuesday, May 13, 2014 |
| 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 | 1 - Sec. 7(d) - Entire Registration |
| Class Status Date | Tuesday, May 13, 2014 |
| 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 | 1 - Sec. 7(d) - Entire Registration |
| Class Status Date | Tuesday, May 13, 2014 |
| 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 | 1 - Sec. 7(d) - Entire Registration |
| Class Status Date | Tuesday, May 13, 2014 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 036 - Insurance; financial affairs; monetary affairs; real estate affairs. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 1 - Sec. 7(d) - Entire Registration |
| Class Status Date | Tuesday, May 13, 2014 |
| Primary Code | 036 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 037 - Building construction; repair; installation services. |
| US Class Codes | 100, 103, 106 |
| Class Status Code | 1 - Sec. 7(d) - Entire Registration |
| Class Status Date | Tuesday, May 13, 2014 |
| Primary Code | 037 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 100, 101, 104 |
| Class Status Code | 1 - Sec. 7(d) - Entire Registration |
| Class Status Date | Tuesday, May 13, 2014 |
| Primary Code | 038 |
| 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 | 1 - Sec. 7(d) - Entire Registration |
| Class Status Date | Tuesday, May 13, 2014 |
| Primary Code | 041 |
| 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 | 1 - Sec. 7(d) - Entire Registration |
| Class Status Date | Tuesday, May 13, 2014 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Deutsche Telekom AG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | DE |
| Party Name | Deutsche Telekom AG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | DE |
| Party Name | Deutsche Telekom AG |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 03 - Corporation |
| Address | DE |
| Party Name | T-Online International AG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Event Date | Event Description |
| Friday, March 18, 2016 | NOTIFICATION OF EFFECT OF CANCELLATION OF INTL REG MAILED |
| Friday, March 18, 2016 | DEATH OF INTERNATIONAL REGISTRATION |
| Friday, July 10, 2015 | PARTIAL INVALIDATION PROCESSED BY THE IB |
| Monday, June 15, 2015 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Monday, June 15, 2015 | INVALIDATION PROCESSED |
| Tuesday, January 13, 2015 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Tuesday, May 13, 2014 | CANCELLED SECTION 7-TOTAL |
| Wednesday, April 30, 2014 | REQUEST FOR SECT 7 TOTAL SURRENDER FILED |
| Saturday, May 3, 2014 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Wednesday, April 30, 2014 | TEAS SECTION 7 SURRENDER RECEIVED |
| Monday, April 16, 2012 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, April 16, 2012 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, March 8, 2012 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, March 8, 2012 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, June 5, 2009 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, December 18, 2008 | CORRECTION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Friday, November 14, 2008 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Friday, October 24, 2008 | NEW REPRESENTATIVE AT IB RECEIVED |
| Thursday, October 23, 2008 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, March 25, 2008 | FINAL DISPOSITION NOTICE SENT TO IB |
| Tuesday, March 25, 2008 | FINAL DISPOSITION PROCESSED |
| Tuesday, March 4, 2008 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, December 4, 2007 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, October 30, 2007 | WITHDRAWN FROM ISSUE - TQR/NON-ATTY REQUEST |
| Tuesday, September 4, 2007 | PUBLISHED FOR OPPOSITION |
| Wednesday, August 15, 2007 | NOTICE OF PUBLICATION |
| Friday, May 25, 2007 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, May 23, 2007 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, May 15, 2007 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, May 15, 2007 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, May 15, 2007 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, March 21, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, March 21, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, March 21, 2007 | ASSIGNED TO LIE |
| Wednesday, February 14, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, February 9, 2007 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, February 9, 2007 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, November 16, 2006 | CHANGE OF OWNER RECEIVED FROM IB |
| Friday, September 15, 2006 | REFUSAL PROCESSED BY IB |
| Wednesday, August 30, 2006 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, August 30, 2006 | REFUSAL PROCESSED BY MPU |
| Saturday, August 26, 2006 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, August 25, 2006 | NON-FINAL ACTION WRITTEN |
| Friday, August 18, 2006 | ASSIGNED TO EXAMINER |
| Friday, August 18, 2006 | NEW APPLICATION ENTERED IN TRAM |
| Thursday, August 17, 2006 | SN ASSIGNED FOR SECT 66A APPL FROM IB |