| Serial Number | 79222142 |
| Word Mark | GATLING LOAD TESTING... |
| Filing Date | Tuesday, October 11, 2016 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, September 10, 2019 |
| Registration Number | 5853714 |
| Registration Date | Tuesday, September 10, 2019 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, June 25, 2019 |
| Description of Mark | The mark consists of a stylized gatling-style machine gun with a green body and feet and gray barrels and legs, to the right of which is the stylized wording "GATLING", the first "G" in white inside a shaded orange rectangle and the rest of the wording in orange with the dot over the "I" in red. Below is the smaller stylized gray wording "LOAD TESTING" to the right of which are three rectangular dots in orange. All other white areas represent background and are not claimed as a feature of the mark. |
| Goods and Services | Data processing equipment and computers; electronic databases and data banks in the nature of electronic databases, all in the field of the study of the performance of web applications; software, software packages comprised of computer software, and computer programs, all for the study of the performance of web applications; downloadable online software and software packages comprised of computer software, all for the study of the performance of web applications; multimedia electronic databases and data banks in the nature of electronic databases, all in the field of the study of the performance of web applications; software, downloadable software packages comprised of computer software, computer programs, and electronic computer databases and data banks in the nature of electronic databases, all for conducting tests of the performance of web applications; bags, cases, covers, sleeves and pouches all specially adapted for mobile telephones, computers, mobile digital electronic devices, media players, personal digital assistants, global positioning systems (GPS), electronic organizers and electronic notepads; computer application software and computer programs for mobile telephones, in particular for use in the study of the performance of web applications; electronic publications downloadable in the form of books, plays, pamphlets, brochures, newsletters, journals, magazines and periodicals in the field of measuring performance of web applications; all the aforesaid goods excluding video game software |
| Goods and Services | Telecommunications, namely, transfer of data by telecommunication, telecommunication access services, telecommunications consultation; information about telecommunication; communications by computer terminals and by fiber-optic networks; provision of multiple-user access to a global computer information network; provision of user access to global computer networks; provision of on-line forums; provision of access to databases; telecommunication services, namely, electronic bulletin board services; rental of access time to global computer networks; communications services, namely, providing access to a global database; electronic transmissions of data, of images, of documents via computer terminals and by transmission systems such as wave transmission, cable, satellite, the Internet; electronic transmission of file sharing and network sharing information via communication networks; transmission of information by telematic means and video communication; electronic messaging services; provision of access to a directory of information available on a computer network; electronic transmission of information in various fields via a global computer network; providing search engines enabling the procurement of information on a global computer network |
| Indication of Colors claimed | The colors white, orange, green, red, and gray are claimed as a feature of the mark. |
| Goods and Services | Management of computer files, data banks and databases; commercial business management; online advertising on a computer network; compilation and management of on-line computer databases and on-line searchable databases; demonstrations of goods via communication networks; consultancy in business organization and business management provided via computer networks and communication networks; business management services provided via computer networks and global communication networks; online retail store services featuring computer hardware, electronic devices, software and related publications in the field of testing web application performance; advertising and marketing services, namely, promotion of the goods and services of others via computer networks, wireless networks and global communication networks; transmission of advertisements and promotional materials to others via electronic mail and computer networks, wireless networks and global communication networks; online and mail-order retail store services featuring software, in particular software for testing web application performance; business information via computer and global communication networks; dissemination of advertising material in the nature of leaflets, prospectuses, printed matter and samples; arranging subscriptions to telecommunication services for others; web site traffic optimization; performing market study of websites and web applications; organization of exhibitions for commercial or advertising purposes; rental of advertising time on all communication media; publication of advertising texts; rental of advertising space |
| NOT AVAILABLE | "LOAD TESTING" |
| Goods and Services | Engineering services, namely, evaluations and assessments in the fields of science and technology provided by engineers; scientific research; technical research in the field of computer software design, information technology, engineering; design and development of computers and software, in particular in the field of the study of the performance of web applications; research and development of new products for others; technical project study in the field of computer software design, information technology, engineering; design, installation, maintenance, updating and rental of software, in particular in the field of the study of the performance of web applications; computer programming; computer system analysis; computer system design; consultancy relating to computers; software as a service (SaaS) featuring software for the study of the performance of web applications; information technology (IT) consultancy; hosting of servers; recovery of computer data; electronic data storage; computer programming services; computer consulting and technical support in the nature of troubleshooting of computer problems, monitoring technological functions of computer network systems, all relating to the design and use of computer programs, computers, computer hardware and computer systems; consultancy in the design and development of computers and software, in particular in the field of the study of the performance of web applications; cloud computing, namely, cloud hosting provider services, providing virtual computer systems and virtual computer environments through cloud computing, consulting services in the field of cloud computing, in particular in the field of the study of the performance of web applications |
| 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 | Friday, December 8, 2017 |
| 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 | 6 - Active |
| Class Status Date | Friday, December 8, 2017 |
| 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 | Friday, December 8, 2017 |
| Primary Code | 035 |
| 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 | Friday, December 8, 2017 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | GATLING CORP |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Party Name | GATLING CORP |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Party Name | GATLING CORP |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Event Date | Event Description |
| Saturday, December 16, 2017 | NON-FINAL ACTION WRITTEN |
| Sunday, December 17, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Saturday, January 27, 2018 | REFUSAL PROCESSED BY IB |
| Thursday, November 30, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, December 8, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, December 8, 2017 | ASSIGNED TO EXAMINER |
| Tuesday, December 12, 2017 | APPLICATION FILING RECEIPT MAILED |
| Monday, January 8, 2018 | REFUSAL PROCESSED BY MPU |
| Monday, January 8, 2018 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, September 28, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, October 15, 2018 | ASSIGNED TO LIE |
| Monday, October 15, 2018 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Tuesday, August 14, 2018 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Tuesday, August 14, 2018 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Friday, September 28, 2018 | TEAS PETITION TO REVIVE RECEIVED |
| Friday, September 28, 2018 | PETITION TO REVIVE-GRANTED |
| Friday, September 28, 2018 | NOTICE OF REVIVAL - MAILED |
| Monday, October 15, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, October 15, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, November 12, 2018 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, November 12, 2018 | EXAMINERS AMENDMENT E-MAILED |
| Monday, November 12, 2018 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, November 12, 2018 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, November 14, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, December 4, 2018 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Wednesday, May 1, 2019 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, May 1, 2019 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Monday, May 13, 2019 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Thursday, May 16, 2019 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, May 16, 2019 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, May 16, 2019 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Friday, May 17, 2019 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Wednesday, June 5, 2019 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, June 5, 2019 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, June 5, 2019 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, June 25, 2019 | PUBLISHED FOR OPPOSITION |
| Tuesday, June 25, 2019 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, September 10, 2019 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, December 10, 2019 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Saturday, January 4, 2020 | FINAL DISPOSITION PROCESSED |
| Sunday, January 5, 2020 | FINAL DISPOSITION NOTICE SENT TO IB |
| Tuesday, September 10, 2024 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, February 14, 2020 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, May 16, 2019 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, May 16, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |