| Serial Number | 90608973 |
| Word Mark | EIRTHPAY |
| Filing Date | Monday, March 29, 2021 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, July 3, 2023 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, May 31, 2022 |
| Description of Mark | The mark consists of a hollow spherical design giving the impression of being 3-dimensional having an open top revealing the interior consisting of four triangles, a dark gray triangle (containing a small transparent circle) whose base is positioned at the rim of the opening and whose other two sides are touching the bases of two light gray triangles pointing and touching at their vertices and separated by an open transparent triangle. The exterior of the spherical design beginning at the upper left consists of a yellow-green triangle whose left vertex appears to overlap and touch the interior dark gray triangle, the concave right side of the yellow-green triangle abuts a gradient black to dark blue to blue quadrilateral which abuts a black triangle abutting and ending with a small blue triangle whose upper vertex appears to overlap and touch the interior dark gray triangle. Adjacent to the spherical design is the stylized black lettering EIRTHPAY. The white background is not a feature of the mark. |
| Goods and Services | Downloadable computer software, namely, an electronic financial platform that accommodates multiple types of payment and debt transactions in an integrated mobile phone, PDA, and web-based environment; Point-of-sale terminals for making contactless payments |
| Goods and Services | Providing electronic transmission of credit card transaction data and electronic payment data via a global computer network |
| Pseudo Mark | EIRTH PAY; EARTH PAY |
| Goods and Services | Payment processing services, namely, credit card and debit card transaction processing services; Credit card payment processing services; Electronic payment services involving electronic processing and subsequent transmission of bill payment data; Electronic commerce payment services, namely, establishing funded accounts used to purchase goods and services on the Internet; Financial transaction services, namely, providing secure commercial transactions and payment options; Financial transaction services, namely, providing secure commercial transactions and payment options using a mobile device at a point of sale; Merchant services, namely, payment transaction processing services; Providing electronic processing of credit card transactions and electronic payments via a global computer network; Providing multiple payment options by means of customer-operated electronic terminals available on-site in retail stores |
| Indication of Colors claimed | The color(s) dark gray, light gray, yellow-green, gradient black to dark blue to blue, blue and black is/are claimed as a feature of the mark. |
| Goods and Services | Credit card and debit card registration services; Advertising, marketing and promotion services in the field of check, credit, debit, stored value and electronic benefits transfer card transactions and payments; Customer services, namely, responding to customer's inquiries for others via telephone and email for others in the field of data processing and merchant payment solution services; Advertising via direct mail and e-mail; Business advisory services in the field of check, credit, debit, stored value and electronic benefits transfer card transactions and payments; Business services for others, namely, providing market analysis in the nature of business marketing database modeling, prediction and strategy and providing business marketing information services for card issuers, deposit banks, and other direct marketers; Operation of telephone call centers for others; Customer services, namely, responding to customers' inquiries for others via telephone and e-mail for others; Customer loyalty services for financial institutions and merchants for commercial, promotional and/or advertising purposes, namely, conducting incentive award programs to promote the sale of products and services of others; Promoting the sale of the goods and services of others through the distribution and processing of electronic coupons issued over a global computer network; Providing an on-line interactive database containing business and consumer information; Data processing services for others; Advertising via direct mail and e-mail for others; Business marketing consulting services; Business consulting; Correspondence processing and mailing services performed for others, namely, account statement creation, mail handling and mail sorting; Data list management via the management of encrypted customer data and computer data entry services, namely, data processing services; Customer care services, namely, customer relationship management; Telemarketing; Business consulting services, namely, consulting in the field of business operations, business issues in finance, marketing and business strategy; Consulting services in the field of customer loyalty programs; Business marketing services in the field of customer loyalty programs; Management of customer appreciation programs for others; Order fulfillment services; Data management services for use in debt collection, namely, electronic data collection and online claims management; Risk monitoring, namely, business risk management; Business management services, namely, providing customer service management for customers of other companies that issue credit cards, debit cards, bank cards, smart cards, healthcare cards and electronic payment processing cards; Business services, namely, business administration and management of bankruptcy cases for others; Business services, namely, business administration and management of probate cases of others; Data processing services; Market intelligence services; Market research and market intelligence services |
| Goods and Services | Application service provider (ASP) featuring e-commerce software for use as a payment gateway that authorizes processing of credit cards or direct payments for merchants; Electronic monitoring of credit card activity to detect fraud via the internet; Electronic monitoring of electronic payment transactions to detect fraud via the internet; User authentication services using technology for e-commerce transactions; Computer security services, namely, restricting unauthorized access to computer networks and websites; Data encryption services for providing security and anonymity for electronically transmitted credit card transactions; Providing on-line non-downloadable computer application software for mobile phones, namely, on-line non-downloadable software for processing credit card, debit card, and electronic payment transactions; Providing on-line non-downloadable business process management software for payment system workflows; Providing on-line non-downloadable mobile or browser computer software application for use in business-to-business payment services that allows customers to update and receive data stored in an individual's and/or enterprise's computer database in real time with full telephony integration of the telephone and Internet browser features of the mobile device; Providing on-line non-downloadable computer e-commerce software to allow users to perform electronic business transactions via a global computer network; Providing on-line non-downloadable computer software for the collection, editing, organizing, modifying, bookmarking, transmission, storage and sharing of data and information; Providing on-line non-downloadable computer software for processing credit card, debit card, and electronic payment transactions; Technical support services, namely, troubleshooting of computer software problems |
| 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 | Sunday, July 4, 2021 |
| Primary Code | 009 |
| 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 | Sunday, July 4, 2021 |
| 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 | Sunday, July 4, 2021 |
| 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 | Sunday, July 4, 2021 |
| Primary Code | 038 |
| 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 | Sunday, July 4, 2021 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Eirth Systems, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Minneapolis, MN 55402 |
| Party Name | Eirth Systems, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Minneapolis, MN 55402 |
| Event Date | Event Description |
| Monday, July 3, 2023 | ABANDONMENT NOTICE E-MAILED - NO USE STATEMENT FILED |
| Monday, July 3, 2023 | ABANDONMENT - NO USE STATEMENT FILED |
| Tuesday, November 29, 2022 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Monday, October 17, 2022 | NEW NOA TO ISSUE |
| Tuesday, July 26, 2022 | NOTICE OF ALLOWANCE CANCELLED |
| Thursday, July 28, 2022 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, May 31, 2022 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, May 31, 2022 | PUBLISHED FOR OPPOSITION |
| Wednesday, May 11, 2022 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, April 27, 2022 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Saturday, April 2, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Saturday, April 2, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Saturday, April 2, 2022 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, November 14, 2021 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Sunday, November 14, 2021 | NON-FINAL ACTION E-MAILED |
| Sunday, November 14, 2021 | NON-FINAL ACTION WRITTEN |
| Monday, November 8, 2021 | ASSIGNED TO EXAMINER |
| Tuesday, July 6, 2021 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Sunday, July 4, 2021 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, April 1, 2021 | NEW APPLICATION ENTERED |