| Serial Number | 87362368 |
| Word Mark | EMPYREAN |
| Filing Date | Tuesday, March 7, 2017 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, January 17, 2025 |
| Registration Number | 5505988 |
| Registration Date | Tuesday, July 3, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, April 17, 2018 |
| Description of Mark | The mark consists of seven stars in a semi-circle and under the stars is a bird and under the bird is three interconnecting rings and under the rings is the word "EMPYREAN", all in black on a white background. |
| Goods and Services | Shirt fronts; Shirt inserts, namely, dickies; Shirt yokes; Shirt-jacs; Shirts; Shirts and short-sleeved shirts; Shirts for infants, babies, toddlers and children; Shirts for suits; A-shirts; Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic shirts; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Body shirts; Business wear, namely, suits, jackets, trousers, blazers, blouses, shirts, skirts, dresses and footwear; Button down shirts; Button-front aloha shirts; Camouflage shirts; Camp shirts; Chef shirts; Clothing for athletic use, namely, padded shirts; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Collared shirts; Dress shirts; Fishing shirts; Golf shirts; Golf pants, shirts and skirts; Graphic T-shirts; Henley shirts; Hooded sweat shirts; Hunting shirts; Knit shirts; Leather shirts; Long-sleeved shirts; Maternity clothing, namely, jeans, leggings, tops, shirts; Moisture-wicking sports shirts; Night shirts; Open-necked shirts; Over shirts; Pique shirts; Polo shirts; Ramie shirts; Rugby shirts; Short-sleeve shirts; Short-sleeved shirts; Short-sleeved or long-sleeved t-shirts; Singlets; Sleep shirts; Sleeves worn separate and apart from blouses, shirts and other tops; Snap crotch shirts for infants and toddlers; Sport shirts; Sports shirts; Sports shirts with short sleeves; Sun protective clothing, namely, infant bodysuit, shirts, bibs not of paper; Sweat shirts; T-shirts; Tee shirts; Tee-shirts; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Turtle neck shirts; Wearable garments and clothing, namely, shirts; Wind shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Woven shirts; Yoga shirts |
| Indication of Colors claimed | The color(s) black and white is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of "EMPYREAN" in the mark is "HEAVEN". |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, January 17, 2025 |
| Primary Code | 025 |
| First Use Anywhere Date | Monday, August 1, 2016 |
| First Use In Commerce Date | Monday, August 1, 2016 |
| Party Name | The trustees of the Marshall Lovell Tubbs Sr. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 18 - Estate |
| Address | Vacaville, CA 95687 |
| Party Name | The trustees of the Marshall Lovell Tubbs Sr. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 18 - Estate |
| Address | Vacaville, CA 95687 |
| Party Name | The trustees of the Marshall Lovell Tubbs Sr. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 18 - Estate |
| Address | Vacaville, CA 95687 |
| Event Date | Event Description |
| Friday, March 10, 2017 | NEW APPLICATION ENTERED |
| Monday, March 13, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, March 14, 2017 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, May 31, 2017 | ASSIGNED TO EXAMINER |
| Wednesday, June 7, 2017 | NON-FINAL ACTION WRITTEN |
| Wednesday, June 7, 2017 | NON-FINAL ACTION E-MAILED |
| Wednesday, June 7, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, July 12, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, August 9, 2017 | ASSIGNED TO LIE |
| Wednesday, August 16, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, August 16, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, September 6, 2017 | FINAL REFUSAL WRITTEN |
| Wednesday, September 6, 2017 | FINAL REFUSAL E-MAILED |
| Wednesday, September 6, 2017 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, November 2, 2017 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, November 2, 2017 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, January 5, 2018 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Monday, January 8, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, January 8, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, January 29, 2018 | ACTION CONTINUING A FINAL - COMPLETED |
| Monday, January 29, 2018 | CONTINUATION OF FINAL REFUSAL E-MAILED |
| Monday, January 29, 2018 | NOTIFICATION OF SUBSEQUENT FINAL EMAILED |
| Thursday, February 15, 2018 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Friday, February 23, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, February 23, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, March 13, 2018 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, March 13, 2018 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, March 13, 2018 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, March 13, 2018 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, March 15, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, March 28, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, April 17, 2018 | PUBLISHED FOR OPPOSITION |
| Tuesday, April 17, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, April 18, 2018 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Wednesday, April 18, 2018 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, April 19, 2018 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, July 3, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Monday, July 3, 2023 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Friday, January 17, 2025 | CANCELLED SEC. 8 (6-YR) |