| Serial Number | 78962182 |
| Word Mark | FRYS.COM OPEN |
| Filing Date | Monday, August 28, 2006 |
| Status | 604 - ABANDONED - AFTER INTER-PARTES DECISION |
| Status Date | Wednesday, September 16, 2009 |
| 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, November 25, 2008 |
| Indication of Colors claimed | The color(s) red, blue, white and black is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | ".COM" AND "OPEN" |
| Description of Mark | The mark consists of the term "FRYS" in red and the term ".COM" with the period in red and "COM" in blue above a blue square with a white band curving from the lower right corner to the upper left corner of the square. The letters "P", "E", and "N" in the term "OPEN" are in black, and a white golf ball represents the letter "O". A red curved line extends from the golf ball. |
| Goods and Services | Home appliances, namely, dishwashers and clothes washers |
| Goods and Services | Merchandise sold in connection with organizing and conducting golf tournaments and in applicant's retail and wholesale stores, namely, personal computers; computer hardware; computer components, namely, motherboards, daughter boards, sound cards, video display cards, networking cards, namely, LAN (local area network) computer cards for connecting portable computer devices to computer networks, electrical power supplies, electrical controllers, memory cards and memory boards, electronic memories, internal cooling fans, mass storage devices, namely, flash drives, hard drives, internal disk drives, CD drives, DVD drives, optical disk drives, floppy disk drives, magnetic tape drives and central processing units; computer accessories and related merchandise, namely, mouse pads and laptop carrying cases; photocopy machines and scanners; home office products and accessories, namely, computer utility software, computer operating programs and computer operating systems, computer anti-virus software, anti-spyware software, computer software for managing and filtering electronic and wireless communications, computer software for protecting and securing the integrity of data, computer software for detecting and repairing computer software and hardware problems, and manuals therefore packaged as a unit, input devices for computers, computer mice, keyboards, printers, facsimile machines, modems, computer network routers and switches, multimedia projectors, laser pointers, hand held digital audio, video and tape recorders, calculators, printer supplies and presentation supplies, namely, components for laser toner cartridges, namely, replacement drums and rollers, dust covers for computers; photographic equipment, devices and accessories, namely, cameras, lenses, filters, adapters, connector cables, bags, tripods and flashes; video equipment and devices, namely, video cameras, camcorders, home theatre systems composed of television monitors, DVD players, audio-video receivers, stereo and radio tuners, audio disc recorders and players and speakers, digital media and audio visual receivers, video game consoles for use with an external display screen or monitor, digital video recorders, game controllers for computer games, DVD players, DVD burners, tape players, optical disk players, television tuners, blank video tapes; video recordings featuring movies and television shows; video game software; televisions; video projectors; monitors and displays, namely, computer monitors and television monitors; imaging equipment, namely, microscopes and telescopes; audio equipment, namely, stereo receivers, speakers, amplifiers, CD players, MP3 players, tape players, turntables, headphones, earphones; electronics and electronic equipment, devices and accessories, namely, time recording devices, timers, scanners, radios, connectors, adapters and integrated circuits, navigation apparatus for vehicles, on-board computers for vehicles, radar detectors, keyless entry system and keyless ignition switch system for automotive vehicles comprised of a microprocessor, electronic signal receiver, and keyfob with electronic signal transponder, vehicle security system comprised of an antenna and radio transmitter to be placed in a vehicle; digital equipment, devices and accessories, namely, telephones, cellular phones, mobile phones, cordless phones, telephone headsets, global positioning systems (GPS), personal digital assistants and answering machines; blank storage media, namely, blank digital storage media, compact discs, digital video disks, floppy disks, computer tapes, external drives, zip drives and flash drives; automotive audio equipment, devices and accessories, namely, radios, satellite radios, stereos, disk changers, speakers, amplifiers, receivers, telephone headsets and in-car telephone headset cradles; downloadable MP3 files, MP3 recordings, online discussion boards, web casts and pod casts featuring music, audio books and news broadcasts; health and personal care products, namely, thermometers, electric hair straighteners and electric curling irons; walkie-talkies |
| Goods and Services | Household appliances, namely, refrigerators, electric ranges, gas ranges, dual fuel ranges, electric cooking stoves, gas stoves, dual fuel cooking stoves, electric cooking ovens, gas cooking ovens, induction ovens, microwave ovens, convection ovens, clothes dryers, air conditioners, electric space heaters, gas water heaters; personal safety products, namely, flashlights and pocket search lights; personal home comfort and therapy products, namely, electric fans, ceiling fans, electric window fans, humidifiers and dehumidifiers; spa products, namely, portable foot baths |
| Goods and Services | Electronics and electronic equipment, namely, clocks and alarm clocks |
| Goods and Services | Golf umbrellas |
| Goods and Services | Cups and mugs; personal care products, namely, electric and non-electric toothbrushes |
| Goods and Services | Golf towels |
| Goods and Services | Shoes and clothing, namely, shirts, blouses, jackets, pants, hats, gloves, belts, ties, skirts, dresses, sweatshirts and socks |
| Goods and Services | Golf equipment and accessories, namely, golf clubs, tees, balls, bags, gloves, club covers, club grips, driving and putting practice mats, and putters; toys, namely, board games, action skill games, playing cards, dolls, plush toys, toy action figures, toy planes, toy helicopters, toy boats, toy cars and toy submarines, electronic learning toys, toy gliders, dart games, construction toys, toy scooters, paintball guns and paintballs ammunition for paintball guns |
| Goods and Services | Beverages, namely, sports drinks, soft drinks, fruit drinks, bottled water, vegetable drinks and energy drinks |
| Goods and Services | Financial sponsorship of golf tournaments |
| Goods and Services | Organizing and conducting golf tournaments |
| Pseudo Mark | FRYS OPEN |
| 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, 031, 034, 035 |
| Class Status Code | 8 - Abandoned |
| Class Status Date | Wednesday, September 16, 2009 |
| Primary Code | 007 |
| 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 | 8 - Abandoned |
| Class Status Date | Wednesday, September 16, 2009 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 011 - Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes. |
| US Class Codes | 013, 021, 023, 031, 034 |
| Class Status Code | 8 - Abandoned |
| Class Status Date | Wednesday, September 16, 2009 |
| Primary Code | 011 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 014 - Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments. |
| US Class Codes | 002, 027, 028, 050 |
| Class Status Code | 8 - Abandoned |
| Class Status Date | Wednesday, September 16, 2009 |
| Primary Code | 014 |
| 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 | 8 - Abandoned |
| Class Status Date | Wednesday, September 16, 2009 |
| 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 | 8 - Abandoned |
| Class Status Date | Wednesday, September 16, 2009 |
| Primary Code | 021 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 024 - Textiles and textile goods, not included in other classes; beds and table covers. |
| US Class Codes | 042, 050 |
| Class Status Code | 8 - Abandoned |
| Class Status Date | Wednesday, September 16, 2009 |
| Primary Code | 024 |
| 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 | 8 - Abandoned |
| Class Status Date | Wednesday, September 16, 2009 |
| 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 | 8 - Abandoned |
| Class Status Date | Wednesday, September 16, 2009 |
| Primary Code | 028 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 032 - Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. |
| US Class Codes | 045, 046, 048 |
| Class Status Code | 8 - Abandoned |
| Class Status Date | Wednesday, September 16, 2009 |
| Primary Code | 032 |
| 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 | 8 - Abandoned |
| Class Status Date | Wednesday, September 16, 2009 |
| Primary Code | 036 |
| 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 | 8 - Abandoned |
| Class Status Date | Wednesday, September 16, 2009 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Fry's Electronics, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | San Jose, CA 95112 |
| Party Name | Fry's Electronics, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | San Jose, CA 95112 |
| Event Date | Event Description |
| Friday, April 11, 2014 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, April 11, 2014 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, September 16, 2009 | ABANDONMENT NOTICE MAILED - INTER PARTES DECISION |
| Wednesday, September 16, 2009 | ABANDONMENT - AFTER INTER PARTES DECISION |
| Wednesday, September 16, 2009 | OPPOSITION TERMINATED NO. 999999 |
| Wednesday, September 16, 2009 | OPPOSITION SUSTAINED NO. 999999 |
| Thursday, June 11, 2009 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, April 14, 2009 | OPPOSITION INSTITUTED NO. 999999 |
| Tuesday, December 9, 2008 | EXTENSION OF TIME TO OPPOSE RECEIVED |
| Tuesday, November 25, 2008 | PUBLISHED FOR OPPOSITION |
| Wednesday, November 5, 2008 | NOTICE OF PUBLICATION |
| Monday, October 20, 2008 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Monday, October 20, 2008 | ASSIGNED TO LIE |
| Monday, October 6, 2008 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Saturday, October 4, 2008 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, October 3, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, October 3, 2008 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Thursday, April 10, 2008 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, April 10, 2008 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, April 3, 2008 | FINAL REFUSAL MAILED |
| Thursday, April 3, 2008 | FINAL REFUSAL WRITTEN |
| Friday, February 15, 2008 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, February 14, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, February 14, 2008 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, August 15, 2007 | NON-FINAL ACTION MAILED |
| Tuesday, August 14, 2007 | NON-FINAL ACTION WRITTEN |
| Tuesday, July 24, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, July 23, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, July 23, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, July 23, 2007 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, January 22, 2007 | NON-FINAL ACTION E-MAILED |
| Monday, January 22, 2007 | NON-FINAL ACTION WRITTEN |
| Monday, January 22, 2007 | ASSIGNED TO EXAMINER |
| Wednesday, September 6, 2006 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Tuesday, September 5, 2006 | NEW APPLICATION ENTERED IN TRAM |