| Serial Number | 79376795 |
| Word Mark | EARTHGRADE |
| Filing Date | Monday, June 5, 2023 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Tuesday, June 25, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for measuring and analysing electricity, namely, voltage testers, electricity meters, digital multimeters, and ampermeters; downloadable computer software for controlling electricity generation equipment; recorded computer software for controlling electricity generation equipment; downloadable computer software for controlling charging stations for electric vehicles; recorded computer software for controlling charging stations for electric vehicles; downloadable mobile phone applications for locating, accessing and operating charging stations for electric vehicles; electronic control devices for turbines, solar panels and electric vehicle charging stations; inverters; electricity generating solar cells and panels; solar batteries for domestic or industrial use; solar cells for electricity generation; solar energy operating apparatus, namely, solar modules for production of electricity, solar thermal and electric receivers, tracking mechanisms and concentrating optics, and control algorithms; solar panels for electricity generation; solar energy collectors for electricity generation; electric apparatus for charging batteries; charging stations for electric vehicles; battery charging apparatus for vehicles; charging apparatus; battery charge indicators and monitors; batteries; batteries for electric vehicles; battery chargers; battery packs; electric storage batteries; electric batteries; solar batteries; electrical switchgear, converters and transformers; energy storage installations namely energy storage plants, electrical storage batteries and supercapacitors for energy storage; electric accumulators; electrical transformers; electricity transformers; electricity and energy meters; grids for batteries; electric battery systems for storage and supply of electricity; solar inverters; solar wafers; photovoltaic solar cells; electrical devices and instruments to measure, monitor and control equipment used for power generation; charging points for electric vehicles |
| Goods and Services | Razors; hair clippers for animals; hair clippers for equestrian use; electric hair clippers for animals; electric hair clippers for equestrian use; cordless electric hair clippers for animals; cordless electric hair clippers for equestrian use; hair clippers for use on animals (hand-operated); nail clippers for use with pets and animals; razors for use in pet and animal grooming; electric and non-electric shaving instruments for use in pet and animal grooming; cartridges containing razor blades; cartridges for razor blades; hand tools and implements, namely hand trowels, hand spades, hand cultivators, hand weeders, bulb planters, hand transplanters, planter's/landscaper's multi-purpose tool/knives, pruners, pruning shears, grass shears, hedge shears, loppers, saws, pole tree trimmers, garden scissors, floral shears, bush hooks, bank blades, weed cutters, grass whips, grass hooks, floral snips, bow saws, folding saws, saws, handsaws, double-edge saws, replacement blades, machete corn knives, weed hooks, shovels, rakes, hoes, spades, cultivators, forks, scoops, fruit pickers, weeders, scrapers, spoons, edgers, post hole diggers, hooks, lutes, come-a-longs, sod and turf cutters/removers, concrete floats, bulb planters, axes, hatchets, wedges, hammers, sledge hammers, mattocks, picks, tampers, wrecking bars, ripping chisels, and punches; snow removal tools, namely snow shovels, snow pushers, snow scoops, snow roof rakes, ice scrapers, snow sleigh shovels, snow brushes, ice chisels, hand scrapers; replacement handles for manually operated snow removal tools; garden sprayers for insecticides and herbicides; hand-operated sprayers for agricultural and garden use for watering; replacement handles for small hand tools; spray nozzles for hand-operated tools and implements; replacement handles for long-handled hand tools; replacement handles for striking tools; hand-operated garden tools, namely, gardening scissors, gardening shears, gardening trowels and cultivators, and sprayers and atomizers attached to a garden hose for use in spraying liquid herbicides, pesticides, fertilizers and insecticides; scissors and knives; sharpening instruments in this class namely knife sharpeners, razor blade sharpeners, sharpening stones and sharpening rods; hand operated agricultural/garden tools, namely, augers, axes, block splitters, hatchets, crow bars, spud bars, edgers, cultivators, forks, trowels, weeders, mattocks, picks, machetes, hose hangers, rakes, garden rakes, saws, secateurs, pliers, shears, tree loppers, shovels, spades, scoops, sickles, wire strainers, brick carriers, brick cleaner, trowels, edgers, groovers, soil spreaders, screeds, adhesive spreaders, trimming blades, mitre boxes; plant parasite killing hand tools; component parts for all the aforementioned goods |
| Goods and Services | Leather and imitations of leather; luggage and all-purpose carrying bags; animal and pet carrying bags; backpacks; umbrellas and parasols; whips, harnesses and saddlery; collars, leashes and clothing for animals; leads, collars and harnesses; pet and animal coats, boots, collars, leads, leashes and blankets; clothing for pets, including, wind resistant and water resistant clothing; apparel for pets; dog collars; clothes for animals; coats for animals; collars for animals; costumes for animals; rugs for animals, namely, horse rugs; sling bags for carrying animals; faeces collection bags for dogs and horses; pads and covers for horse saddles; muzzles; non-electronic training aids for animals, namely, collars, harnesses, leashes, and muzzles; animal catching poles and nooses ; protective overboots for animals; coverings for animals |
| Goods and Services | Apparatus, equipment and instruments for the generation of power, namely, electric generators, wind powered electricity generators and hydroelectric electricity generators; electric power generators; electric generators and related equipment, namely, automatic standby electric generator power sets; auxiliary power units for generating electric current; turbines other than for land vehicles; turbines for power generation other than for land vehicles; wind turbines; wind turbines for power generation; turbine blades for power generation; engines for the generation of electricity; blades for windmills, wind power plants and wind turbines; control mechanisms for power generators, wind turbines and windmills; machines for generating and distributing energy; machine parts for the aforesaid machines |
| Goods and Services | Games, toys and playthings, namely, chew toys for animals, not edible, hamster wheels, toys for domestic pets; gymnastic and sporting articles namely, exercise wheels for cats, exercise machines for dogs, tennis balls, soft tennis balls, rubber balls, tennis ball throwing apparatus, tennis ball retrievers, flying discs, bats for games; toys for pets; imitation bones being toys for dogs; ball launchers for pets; animal training aids namely toys for animals; soft toys for animals |
| Pseudo Mark | EARTH GRADE |
| Goods and Services | Footwear; clothing, namely, tops, bottoms, pants, shirts, dresses, jackets, belts, and shorts; underwear; sports bras; skirts; sweaters; socks, sweatbands, gloves; hosiery; coats and vests; headwear |
| Goods and Services | Wholesaling and retailing services, including such services provided online namely, wholesale and retail store services featuring gardening machinery and accessories, landscaping products and supplies, hardware products and supplies, pet care products and supplies, home maintenance and improvement products, kitchenware, homewares, clothing, footwear, and headwear, batteries, apparatus, equipment and instruments for the generation of power from renewable energy sources and associated parts and accessories, electric vehicle batteries, electrical generation, storage and transmission equipment, solar cells and charging stations for electric vehicles ; the bringing together, for the benefit of others, including via online means, of a variety of goods, excluding the transport thereof, enabling customers to conveniently view and purchase those goods, namely gardening machinery and accessories, landscaping products and supplies, hardware products and supplies, outdoor furniture, garden furniture, garden ornaments and décor, gardening supplies, furniture, lawn care products and supplies, hand tools and implements, clippers for animals, animal grooming products and equipment, outdoor lighting products, outdoor heaters, pet transport products, hoses and hose accessories, pet clothing, pet collars, leashes and harnesses, pet furniture, pet care products and suppliers, pet foods and beverages, storage containers, household and kitchen utensils, planters and plant care products, pet toys, clothing, footwear, and headwear, batteries, apparatus, equipment and instruments for the generation of power from renewable energy sources and associated parts and accessories, electric vehicle batteries, electrical generation, storage and transmission equipment, solar cells and charging stations for electric vehicles; advertising services and business management, business organization and business administration services, retail and online marketing and sales promotions for others, namely sales promotions at point of sale or purchase and sales promotions by means of display, presentation and demonstration; marketing services, namely direct mail marketing, marketing by electronic means, marketing consultancy, business marketing services, conducting marketing studies and development of marketing strategies and concepts; administration and organisation of customer loyalty programmes |
| Goods and Services | Household or kitchen utensils, namely, kitchen tongs, sieves, skimmers, spatulas, strainers, scoops for serving or portioning pet food, barbecue forks, graters, chopping boards, ladles, mortar and pestles, cooking spoons, serving spoons, non-electric whisks for household purposes, colanders, bottle openers, jar openers, and steamer baskets and household or kitchen containers; cookware and tableware, except forks, knives and spoons, namely non-electric pots and pans, baking dishes, non-electric griddles, non-electric woks, casserole dishes, roasting dishes, coffee services in the nature of tableware, tea services in the nature of tableware, insulated lids for plates and dishes, pot lids, plates, serving dishes, serving platters, table mats of plastic, table plates, dishes, meal trays and serving trays; combs and sponges for household purposes; brushes, except paintbrushes, namely, brushes for pets, bath brushes, cleaning brushes for household use, deshedding brushes for pets, electric pet brushes, finger brushes for dental care of pets, hairbrushes, hair detangler brushes, horse brushes, mane brushes, toothbrushes and scrub brushes; brush-making materials; articles for cleaning purposes, namely, kitchen sponges, scouring sponges, scrub sponges, cleaning sponges, adhesive rollers for cleaning, bottle cleaning brushes, cleaning cloths, cleaning combs, cleaning mitts of fabric, cleaning pads, cleaning rags, microfiber cloths for cleaning, pads for cleaning, spray bottles, sold empty, for dispensing cleaning solutions, squeegees being cleaning instruments, dustpans, brooms, mops, mop buckets, and scoops for pet waste disposal; unworked or semi-worked glass, except building glass; beverage glassware, porcelain mugs, porcelain capsules for containing cremation remains, porcelain jars, porcelain dishes, and earthenware mugs, earthenware jars, earthenware saucepans, earthenware basins in the nature of bowls, earthenware capsules for containing cremation remains, earthenware dishes, earthenware bowls; kitchen gloves and mitts; steelwool; brushes for grooming pet animals; containers for pet food, food containers for domestic animals and food containers for pet animals; litter scoops for use with pet animals; covers for cages for household pets; electronic pet feeders; food bowls for pets; litter boxes for pets; litter trays for pets; plastic containers for dispensing drink to pets; plastic containers for dispensing food to pets; cages being cages for household pets, restraining cages for household pets and wire cages for household pets; pet feeding bowls; brushes for grooming horses; horse grooming kits comprising grooming brushes, grooming combs and grooming gloves; non-electric grooming apparatus for animals namely, pet grooming device comprising a built in brush head and an attachment that connects to a water source and pet grooming device comprising a built in brush head and an attachment that connects to vacuums; pet and animal brushes, non-metallic food containers and food bowls; pet and animal grooming kits comprising brushes and gloves; bird baths; scoops for disposing of pet and animal droppings; scoops for removal of pet waste; garden sprinklers; spray guns for hoses; watering devices including, namely, fixed and moveable lawn and garden sprinklers; watering devices for use in domestic or industrial applications namely, automatic pet waterers, self-watering planters for flowers and plants, watering cans, watering hoses, water troughs, watering troughs for cattle, animal-activated animal waterers; watering devices for domestic gardens namely sprinklers for watering flowers and plants and watering pots; nozzles for watering hoses, spray fittings for watering hoses; irrigation equipment included in this class, namely, lawn and garden sprinklers including rotary, oscillating, impact, drip emitters, spray jets and nozzles; hand held spray nozzles for attachment to garden hoses, hand held spray nozzles having on/off actuators and hand held spray nozzles having extension arms for garden sprinklers; pop-up garden sprinklers; soaker garden hoses having perforations for creating a spray along the length of the hose; nozzles for garden sprinklers and pop-up garden sprinklers; riser tubes for irrigation purposes; garden sprinklers and hand operated sprayers for plants having adjustable flow misting sprayers and sprinklers; gardening, household and polishing gloves; containers included in this class, namely pet water bowls, all purpose portable household containers, containers for household or kitchen use, household storage containers for pet foods, insulated containers for food or beverages, trash containers for household use, animal litter boxes, dust bins, refuse bins, waste bins included in this class; planters not of metal; planters for flowers and plants; flower pots; deck planters; window boxes; urns being vases; watering cans; saucers; plant caddies; apparatus for sprinkling for attachment to garden hoses; hand held washing apparatus for attachment to garden hoses; latex, rubber or vinyl gloves for general use to protect the hands |
| International Class | 007 - Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. |
| US Class Codes | 013, 019, 021, 023, 024, 031, 034, 035 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, August 18, 2023 |
| Primary Code | 007 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 008 - Hand tools and implements (hand-operated); cutlery; side arms; razors. |
| US Class Codes | 023, 028, 044 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, August 18, 2023 |
| Primary Code | 008 |
| 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, August 18, 2023 |
| Primary Code | 009 |
| 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, August 18, 2023 |
| Primary Code | 018 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 021 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. |
| US Class Codes | 002, 013, 023, 029, 030, 033, 040, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, August 18, 2023 |
| Primary Code | 021 |
| 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 | Friday, August 18, 2023 |
| 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, August 18, 2023 |
| 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, August 18, 2023 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | AUSTRALIAN FUSION CORPORATION PTY LTD |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Event Date | Event Description |
| Thursday, August 17, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, August 18, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, August 22, 2023 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, February 27, 2024 | ASSIGNED TO EXAMINER |
| Wednesday, February 28, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, February 27, 2024 | NON-FINAL ACTION WRITTEN |
| Tuesday, March 19, 2024 | REFUSAL PROCESSED BY MPU |
| Monday, April 8, 2024 | REFUSAL PROCESSED BY IB |
| Tuesday, June 25, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, June 25, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, June 25, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, March 19, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |