| Serial Number | 79337215 |
| Word Mark | DYSTINCT |
| Filing Date | Thursday, October 21, 2021 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, August 1, 2023 |
| Registration Number | 7123415 |
| Registration Date | Tuesday, August 1, 2023 |
| Mark Drawing | 4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, May 16, 2023 |
| Goods and Services | Charitable services, namely, providing training in the fields of literacy, teacher training, and supporting individuals with learning difficulties; providing information in the field of education; provision of education services, namely, providing online literacy education forums and literacy teacher training forums; provision of information relating to education services; educational services namely, conducting classes, seminars, conferences, workshops, fieldtrips and tutoring provided by special needs assistants for special needs children and adults in the field of literacy; education services, namely, providing training in the field of literacy to those living with dyslexia, dyscalculia, dysgraphia and/or dyspraxia; educational advisory services, namely, consulting services about education; arranging and conducting of workshops being training in the field of literacy; provision of training for teachers and carers in the field of working with individuals with dyslexia, dyscalculia, dysgraphia and/or dyspraxia; provision of educational information relating to training in the field of literacy, dyslexia, dyscalculia, dysgraphia, dyspraxia, neurodiversity and learning difficulties; training consultancy provided to teachers and carers in the field of teaching and supporting students with learning difficulties; arranging and conducting of conferences in the field of neurodiversity; conducting of educational conferences in the field of neurodiversity; live entertainment in the nature of live musical and dance performances, live plays, live video and audio performances by an actor, live variety shows, and live comedy shows; providing group coaching and in-person learning forums in the field of neurodiversity and literacy; Entertainment services in the nature of live musical performances; Entertainment services in the nature of presenting live musical performances; production of music; entertainment and education services, namely, providing keynote speaking; providing educational courses in the field of personal development; providing educational training in the field of personal development; arranging group recreational activities in the nature of group training featuring team building activities; recreational services, namely, arranging and conducting cultural and sporting events and activities; recreation information; social club services being entertainment, sporting and cultural services, namely, arranging, organising and hosting social events, get-togethers and parties for club members; art exhibition services; provision of information in the field of art; technological education services, namely, training educators in the field of technology utilised in teaching students with learning difficulties; organising of entertainment and social events being entertainment, sporting and cultural services, namely, organising social entertainment events; providing recreation facilities; all of the aforementioned services being in relation to neurodiversity, dyslexia, dyscalculia, dysgraphia, dyspraxia, and learning difficulties |
| Goods and Services | Printed children's magazines; printed inserts for magazines being printed brochures, booklets, and teaching materials in the field of neurodiversity and learning difficulties; printed magazines being periodicals in the field of neurodiversity and learning difficulties; printed periodicals in the field of neurodiversity and learning difficulties; printed coffee table books featuring inspirational stories, photographs, artwork, educational materials and articles regarding neurodiversity, learning difficulties and individuals living with and supporting those living with learning difficulties; printed information books containing information, research and educational materials relating to neurodiversity; educational materials in printed form, namely, books, hand-outs, workbooks, journals, playbooks, flash cards, activity books, posters, teacher guides, manuals, puzzle books, worksheets and cards in the field of literacy and learning difficulties; printed matter being printed worksheets, guides and manuals in the field of literacy; printed matter for advertising purposes, namely, printed advertising posters, pamphlets, booklets, and newsletters for raising awareness of neurodiversity and organisations that support those living with learning difficulties; printed matter for educational purposes, namely, written articles raising awareness of dyslexia, dyscalculia, dysgraphia and dyspraxia, how to support those living with dyslexia, dyscalculia, dysgraphia and dyspraxia, and featuring inspiring stories of those living with dyslexia, dyscalculia, dysgraphia and dyspraxia; printed educational materials other than apparatus for use in teaching literacy, namely, books, hand-outs, workbooks, journals, playbooks, flash cards, activity books, posters, teacher guides, manuals, puzzle books, worksheets and cards; annuals being printed publications in the nature of calendars and diaries; all of the aforementioned goods being in relation to neurodiversity, dyslexia, dyscalculia, dysgraphia, dyspraxia, and learning difficulties |
| Goods and Services | Downloadable electronic publications, namely, electronic magazines featuring content in the field of neurodiversity; electronic downloadable publications namely, e-books and e-zines featuring inspiring stories, articles, photographs, artwork and educational materials in the in the field of neurodiversity; downloadable versions of printed publications in electronically readable form, namely, e-books and e-zines in the field of neurodiversity and learning difficulties; magazines downloadable via the internet, namely, electronic magazines featuring content in the field of neurodiversity, dyslexia, dyscalculia, dysgraphia and dyspraxia, and living with and supporting those with learning difficulties; electronic multimedia publications, namely, downloadable multimedia files containing artwork, text, audio, video, games, educational material and internet web links relating to neurodiversity, literacy, and organisations raising awareness of and supporting those with learning difficulties; downloadable podcasts in the field of neurodiversity; downloadable computer application software for mobile phones, computers and hand-held devices, namely, software enabling users to access and exchange online content relating to neurodiversity, dyslexia, dyscalculia, dysgraphia, dyspraxia, and learning difficulties; downloadable software applications for allowing users to access and participate in an online community network to gain support, advice and social engagement from other users with a particular focus on providing awareness and support to those living with learning difficulties, as well as those caring for those living with learning difficulties; downloadable and recorded interactive education software featuring instruction in literacy and teaching materials for those instructing in literacy; films bearing video recordings of educational material in the field of literacy, neurodiversity and learning difficulties; audio books in the field of children's stories, inspirational stories of neurodiverse individuals, and education regarding neurodiversity, literacy, dyslexia, dyscalculia, dysgraphia and dyspraxia; e-books in the field of children's stories, inspirational stories of neurodiverse individuals, and education regarding neurodiversity, literacy, dyslexia, dyscalculia, dysgraphia and dyspraxia; pre-recorded video discs featuring interviews with neurodiverse individuals and people who support them, musical and dance performances for entertainment and educational purposes, and educational instruction in the field of literacy, dyslexia, dyscalculia, dysgraphia and dyspraxia; video recordings featuring animated cartoons, documentaries, and educational films in the field of literacy, dyslexia, dyscalculia, dysgraphia and dyspraxia; video recordings featuring sound tracks and inspirational movies, short films, documentaries or interviews; recorded and downloadable electronic directories of websites, individuals, information and organisations in the field of literacy, neurodiversity, dyslexia, dyscalculia, dysgraphia, dyspraxia, and learning difficulties; digital music downloadable from the internet; downloadable music files; music recordings, namely pre-recorded DVDs featuring music; downloadable webcasts in the field of neurodiversity, dyslexia, dyscalculia, dysgraphia, dyspraxia and learning difficulties; electronic newspapers downloadable via the internet; audio recordings featuring music; business programmes for computers, namely, downloadable computer programme software for use by businesses specialising in supporting neurodiverse individuals, to allow access to research materials, database listings, published content and educational materials all in the field of dyslexia, dyscalculia, dysgraphia and dyspraxia; none of the aforementioned being software goods for personal computers and work stations in the field of general business; all of the aforementioned goods being in relation to neurodiversity, dyslexia, dyscalculia, dysgraphia, dyspraxia, and learning difficulties |
| Goods and Services | Providing online forums in the field of neurodiversity, dyslexia, dyscalculia, dysgraphia, dyspraxia, learning difficulties and education; electronic transmission, namely, transmitting the uploaded, posted or displayed data, information, pictures, images, audio and/or video of others via online forums; providing on-line communications links which transfer the web site user to other local and global web pages; all of the aforementioned services being in relation to neurodiversity, dyslexia, dyscalculia, dysgraphia, dyspraxia, and learning difficulties |
| Pseudo Mark | DISTINCT |
| Goods and Services | Charitable collections being charitable fundraising; organising of charitable collections being organising of special charitable fundraising events; charitable fundraising; charitable services, namely, financial fundraising services; financial sponsorship of education, training, entertainment, sporting or cultural activities; all of the aforementioned services being in relation to neurodiversity, dyslexia, dyscalculia, dysgraphia, dyspraxia, and learning difficulties |
| Goods and Services | Charitable services, namely, organising and conducting volunteer programmes and community service projects; compilation of business directories featuring organisations and specialists in the field of education, neurodiversity, literacy, dyslexia, dyscalculia, dysgraphia, dyspraxia and learning difficulties; business referrals services, namely, business administration services for neurological assessment and treatment referrals; all of the aforementioned services being in relation to neurodiversity, dyslexia, dyscalculia, dysgraphia, dyspraxia, and learning difficulties |
| Goods and Services | Charitable services, namely, personal or spiritual mentoring being counselling in the field of personal development, self-improvement, self-fulfilment, and interpersonal communication; life coaching services being personal mentoring and support services, namely, providing counselling in the fields of personal relationships, personal growth and motivation, and self-fulfilment; spiritual mentoring, being spiritual consultation; personal and social services provided by third parties to meet the needs of individuals, namely, personal support and companionship services and emotional counselling for neurodiverse individuals and their carers and families; personal and social services regarding individual needs, namely, providing counselling and information in the field of improvement of social skills; provision of personal support services for teachers, namely, spiritual and emotional counselling; providing information, including online, about personal and social services meeting the needs of individuals, being the provision of information in the field of personal development, namely, improving oneself through achievement of timely and challenging goals; online social networking services; spiritual counselling relating to spiritual direction; lifestyle counselling being spiritual advice, namely, personal lifestyle consulting services; all of the aforementioned services being in relation to neurodiversity, dyslexia, dyscalculia, dysgraphia, dyspraxia, and learning difficulties |
| Goods and Services | Online provision of web-based applications, non-downloadable, for accessing electronic magazines, articles, e-books, podcasts and other multimedia content in the field of neurodiversity; online provision of web-based software, non-downloadable, enabling users to access educational information and content in the field of neurodiversity; platform as a service, featuring computer software platforms for use in enabling users to access and exchange online content, participate in an online community network, and access instruction in literacy in the field of education and social networking; design and development of computer software for others; design and development of computer hardware for others; application service provider, namely, provision of online non-downloadable software allowing users to access electronic magazines, e-books, educational content, engage in discussions and social networking, and obtain support and resources for or about neurodiversity, neurodiverse individuals and those teaching neurodiverse individuals; hosting of software as a service, namely, hosting software for use by others for use in social networking and education; software as a service featuring software for use in accessing educational information, research, and content in the field of neurodiversity; scientific research relating to technology, namely, technology utilised in teaching students with learning difficulties; computer network services, namely, creating an online community for registered users to participate in discussions, form virtual communities, and engage in social networking services in the field of neurodiversity; creating and designing web pages for others; creating and designing web pages for others, namely, creating virtual communities for registered users to interact and participate in discussions; none of the aforementioned being software services for personal computers and work stations in the field of general business; all of the aforementioned services being in relation to neurodiversity, dyslexia, dyscalculia, dysgraphia, dyspraxia, and learning difficulties |
| 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, April 7, 2023 |
| 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 | 6 - Active |
| Class Status Date | Friday, April 7, 2023 |
| Primary Code | 016 |
| 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, April 7, 2023 |
| 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 | 6 - Active |
| Class Status Date | Friday, April 7, 2023 |
| Primary Code | 036 |
| 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 | 6 - Active |
| Class Status Date | Friday, April 7, 2023 |
| 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 | 6 - Active |
| Class Status Date | Friday, April 7, 2023 |
| 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 | 6 - Active |
| Class Status Date | Friday, April 7, 2023 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 045 - Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, April 7, 2023 |
| Primary Code | 045 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | SIMEFF Holdings Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | AU |
| Party Name | SIMEFF Holdings Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | AU |
| Party Name | SIMEFF Holdings Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | AU |
| Event Date | Event Description |
| Monday, November 27, 2023 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, November 3, 2023 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, November 3, 2023 | FINAL DISPOSITION PROCESSED |
| Wednesday, November 1, 2023 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, August 1, 2023 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, August 1, 2023 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, May 17, 2023 | NOTIFICATION PROCESSED BY IB |
| Tuesday, May 16, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, May 16, 2023 | PUBLISHED FOR OPPOSITION |
| Wednesday, April 26, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, April 26, 2023 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, April 26, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Friday, April 7, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, April 7, 2023 | EXAMINER'S AMENDMENT ENTERED |
| Friday, April 7, 2023 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Friday, April 7, 2023 | EXAMINERS AMENDMENT E-MAILED |
| Friday, April 7, 2023 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, February 17, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, February 16, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, February 16, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, September 17, 2022 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, September 6, 2022 | REFUSAL PROCESSED BY IB |
| Tuesday, August 16, 2022 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, August 16, 2022 | REFUSAL PROCESSED BY MPU |
| Thursday, August 11, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, August 10, 2022 | NON-FINAL ACTION WRITTEN |
| Thursday, July 28, 2022 | ASSIGNED TO EXAMINER |
| Tuesday, April 19, 2022 | APPLICATION FILING RECEIPT MAILED |
| Friday, April 15, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, April 14, 2022 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| Thursday, March 31, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |