| Serial Number | 79183641 |
| Word Mark | FIVORY PAY MOBILE. SHOP SMART. |
| Filing Date | Tuesday, August 25, 2015 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, December 1, 2023 |
| Registration Number | 5202146 |
| Registration Date | Tuesday, May 16, 2017 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 28, 2017 |
| Description of Mark | The mark consists of two incomplete triangles that share a line with a quadrilateral in orange, the wording "FIVORY" in orange, and "PAY MOBILE. SHOP SMART." in black. The color white represents background and is not a part of the mark. |
| Goods and Services | Electric apparatus and instruments, namely, mobile telephones, readers for chip cards and devices for proximity payment processing, all using near-field communication technology for facilitating commercial transactions via electronic means on wireless networks, global computer networks and mobile telecommunication devices; operating system software for facilitating commercial transactions via electronic means via wireless networks, global computer networks and mobile telecommunication devices; telecommunication equipment, namely, telephones and mobile telephones for facilitating commercial transactions via electronic means on wireless networks, global computer networks and/or a mobile telecommunication device; downloadable and preloaded software enabling users to access coupons, rebates, discounts, reductions and special offers online via websites, by scanning coupons, discounts, rebates, reductions and special offers for printing goods and via mobile telephone reception and other mobile devices for posters and printed matter by means of near field communication (NFC) and by sending such coupons, discounts, rebates, reductions and special offers to mobile telephones and other mobile telecommunication devices for exchange at wholesale or retail outlets or at virtual points-of-sale; software application for use with contactless payment terminals enabling merchants to accept contactless e-commerce transactions, for contactless presentation of customer loyalty information and contactless redemption of tokens, rebates, discounts and special offers; software applications enabling merchants to send coupons, rebates, discounts, vouchers and special offers directly to consumers' mobile telecommunications devices, software applications enabling merchants to develop smart posters in internal retail and wholesale spaces to which consumers can connect by means of their mobile telecommunication devices to access coupons, rebates, discounts, vouchers and special offers; application software enabling contactless payment; application software for hosting the identification credentials of loyalty cards in mobile telecommunications devices; application software customizable by merchants to enable consumers to directly and digitally transfer coupons, discounts, rebates, vouchers and special offers from websites via e-mail or other digital media to their mobile telecommunications devices; software enabling the management and operation of customer loyalty programs; software computer programs for processing, carrying out, securing and/or guaranteeing payments in the context of operations for the purchase and sale of goods or services conducted by e-commerce sites, telephone or computer networks or any other means of electronic communication; application software for processing, carrying out, securing and/or guaranteeing payments in the context of operations for the purchase and sale of goods or services conducted by e-commerce sites, telephone or computer networks or via any other means of electronic communication; communication software for connecting computer network users and global computer networks; computer operating software used for the installation of downloaded communication software; software for searching and retrieving information on computer networks; interactive computer operating systems and software for processing online payments and for management of customer loyalty programs; electronic, computer or telecommunication apparatus, instruments and equipment, for the authentication, identification, encoding, decoding, encryption, decryption and verification of data, in the context of the processing and securing of payments online, by telephone, or by any other means of electronic communication; magnetically encoded prepaid electronic cards usable over the telephone, enabling access, by prepayment, to a radio-telecommunication service; telecommunication software for the electronic transmission of data and information relating to payment on line, by telephone, or by any other means of electronic communication; software for the electronic processing of data whether structured or not for the purposes of recognition, classification and extraction, as well as identification and intelligent links in the content thereof, all intended for the prevention and detection of fraud on a worldwide telecommunication network, as well as for processing and securing payments online, by telephone, or by any other means of electronic communication; magnetically encoded bank cards for issuance by financial institutions; blank electronic chip cards, especially blank magnetic or blank smart or blank flash memory cards; encoded loyalty cards; cards equipped with contactless technology namely, near filed communications (NFC); electronic cash payment software |
| Goods and Services | Physical storage of data media or documents in electronic format, physical storage of electronically-stored data or documents, delivery of messages and goods by courier, physical storage of computer data |
| Goods and Services | Telecommunication services, namely, electronic transmission of data related to business transactions via wireless networks, electronic transmission of data in the form of a code readable by machine displayed on the screen of mobile devices; provision of on-line and mobile electronic bulletin boards for the transmission of messages from participating merchants concerning contactless payment, coupons, rebates, discounts, vouchers, special offers and loyalty schemes by means of mobile telecommunication devices and/or Internet sites; cellular telephone communication |
| Goods and Services | Provision of financial services via wireless networks, global computer networks and mobile telecommunication devices, namely, banking services, credit card and debit card transaction processing services, payment transaction processing and payment verification services, and electronic wallet payment processing in the field of credit card and debit card payments and establishing funded accounts used to purchase goods and services from retail and online merchants; electronic transfer of capital; financial transaction services, namely, provision of secure commercial transactions and payment options; dissemination of financial information via global computer networks, wireless networks, mobile communication devices; financial analysis and research services; financial services, namely, services enabling contactless mobile payments for wholesale, retail and online merchants; financial asset management of accounts online or not; financial consulting services for accounts and payment operations on-line or via the telephone; electronic money services, namely, the transfer of money |
| Indication of Colors claimed | The color(s) orange and black is/are claimed as a feature of the mark. |
| Goods and Services | Promotion of the goods and services of others by means of coupons, discounts, advertisements, through the administration of a yield-incentive program via wireless networks, mobile telecommunication services or global computer networks; dissemination of advertising for others via wireless networks, mobile telecommunications devices or global computer networks; promotion of the goods and services of others enabling users to access coupons, discounts, rebates, reductions and special offers online via websites, by scanning coupons, discounts, rebates, reductions and special offers for printing goods and via mobile telephone reception and other mobile devices for posters and printed matter via near field communication (NFC) and by sending such coupons, discounts, rebates, reductions and special offers to mobile telephones and other mobile telecommunication devices for exchange at wholesale and retail outlets or at virtual points-of-sale; provision of an online and mobile directory of information regarding merchants accepting contactless mobile payments and promoting goods and services through this channel; rental of advertising space online; publication of advertising texts; systematization of information in computer databases; compilation, monitoring, management, analysis, evaluation and retrieval of commercial statistics, information and data for business purposes; Provision of commercial and professional statistics, information and data and statistics for business purposes; statistical modeling for business and professional purposes; data processing services, namely, data entry in computer databases; computerized file management; collection of market research information; market research studies; promoting the goods and services of others by means of subscribing users to loyalty programs; subscriptions to a secure Internet site enabling access to financial, personal or banking information; subscription to communication media |
| Goods and Services | On-line social networking services and on-line social networking services in the field of business; licensing of software; licensing of computer programs; legal advice relating to licensing or protection of intellectual or industrial property |
| NOT AVAILABLE | "PAY MOBILE" |
| Goods and Services | Services of a computer and mobile device, namely, providing a website featuring technology that enables financial transactions via global computer networks concerning secure communications, encryption and decryption of data, local area network security and financial information data decryption for facilitating commercial transactions via electronic means on wireless networks and/or mobile telecommunication devices; evaluations, assessments and research in the fields of science and technology provided by engineers; design and development of computers and software; research and development of new products for others; technical project studies, namely, conducting scientific feasibility studies; development and design, installation, maintenance, updating or rental of software; computer programming; consultancy relating to computers; conversion of computer programs and data, other than physical conversion; conversion of data or documents from physical to electronic media; design and development of computer hardware and software, namely, software for managing and operating customer loyalty programs; development and design, installation, maintenance, updating or rental of software for managing and operating customer loyalty programs; conversion of data or documents from physical to electronic media, namely, conversion of consumer loyalty program data; temporary electronic storage of commercial information, data and statistics |
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 100, 101, 104 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, December 1, 2023 |
| Primary Code | 038 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, December 1, 2023 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, December 1, 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, December 1, 2023 |
| Primary Code | 036 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 039 - Transport; packaging and storage of goods; travel arrangement. |
| US Class Codes | 100, 105 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, December 1, 2023 |
| Primary Code | 039 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, December 1, 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, December 1, 2023 |
| Primary Code | 045 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | FIVORY SAS |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Party Name | FIVORY SAS |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Party Name | FIVORY SAS |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Event Date | Event Description |
| Sunday, March 6, 2016 | NON-FINAL ACTION WRITTEN |
| Thursday, March 3, 2016 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, March 4, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, March 4, 2016 | ASSIGNED TO EXAMINER |
| Monday, March 7, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, March 8, 2016 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, March 8, 2016 | REFUSAL PROCESSED BY MPU |
| Tuesday, March 8, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, July 28, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Saturday, March 26, 2016 | REFUSAL PROCESSED BY IB |
| Thursday, July 28, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, July 28, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, August 17, 2016 | NON-FINAL ACTION WRITTEN |
| Wednesday, August 17, 2016 | NON-FINAL ACTION E-MAILED |
| Wednesday, August 17, 2016 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, January 24, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, January 24, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, October 21, 2016 | REFUSAL PROCESSED BY IB |
| Wednesday, January 25, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, January 26, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, February 8, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, February 8, 2017 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, February 8, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, February 28, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, May 16, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, August 16, 2017 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Thursday, August 17, 2017 | FINAL DISPOSITION PROCESSED |
| Friday, February 24, 2017 | NOTIFICATION PROCESSED BY IB |
| Tuesday, February 28, 2017 | PUBLISHED FOR OPPOSITION |
| Thursday, August 17, 2017 | FINAL DISPOSITION NOTICE SENT TO IB |
| Saturday, October 9, 2021 | NEW REPRESENTATIVE AT IB RECEIVED |
| Monday, May 16, 2022 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, December 1, 2023 | CANCELLED SECTION 71 |
| Friday, August 2, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Thursday, August 8, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Saturday, August 24, 2024 | TOTAL INVALIDATION PROCESSED BY THE IB |
| Thursday, August 8, 2024 | INVALIDATION PROCESSED |
| Friday, September 22, 2017 | FINAL DECISION TRANSACTION PROCESSED BY IB |