| Serial Number | 79382117 |
| Word Mark | HORSES OF WATERFALL |
| Filing Date | Friday, June 16, 2023 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Monday, June 17, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Providing of training courses in the field of children's entertainment, media in the nature of films and music, and children's education; education services in the nature of early childhood instruction; entertainment; entertainment in the nature of satellite television series, namely, providing entertainment in the nature of television series in the field of comedy, fantasy by means of satellite television; film rental and film showings; production of a continuous series of animated cartoon shows being television programs; production of entertainment broadcasts, namely, production of cable television programs; providing entertainment programmes in the nature of an ongoing television program via a global computer network in the field of children's entertainment and instruction, and providing information relating to the aforesaid entertainment programmes via global communications and computer networks; animation production services; production of vinyl records, audio tape, audio cassette tape recordings and films; theater production; production of entertainment television shows and interactive television programmes for distribution via television, cable, satellite, audio and video media and electronic networks; production, presentation in the nature of movie showing, and rental of motion pictures; production, presentation in the nature of live music performances, and rental of sound and video recordings; production, presentation in the nature of live music performances, and rental of television programmes in the nature of video tapes and radio programmes in the nature of sound recordings; entertainer services namely, live, televised and movie appearances by a professional entertainer; presentation of live performances by artists in the nature of presentation of live musical and theatrical performances; special effects animation services for film and video; entertainment event information, namely, providing information relating to entertainment activities and events for children; on-line entertainment services, namely, providing online video games; provision of on-line entertainment, namely, computer games, cultural shows, providing reviews of movies, books, music, computer games; amusement park and theme park services; organizing community sporting and cultural activities; publication of periodicals and books; providing on-line videos, not downloadable, in the field of children's entertainment and instruction; on-line gaming services in the nature of computer game tournaments |
| Description of Mark | The mark consists of the stylized image of a horse head to the left of the stylized wording "HORSES OF WATERFALL". |
| Goods and Services | Downloadable sound, audio, visual and audio-visual recordings and content in the nature of downloadable image files, downloadable multimedia files featuring children's entertainment and instruction provided by downloading from computers and communications networks, namely, the Internet and the world wide web; exposed camera films; films, recorded, featuring children's entertainment and instruction provided via a video-on-demand service; camera films, exposed; cinematographic films, exposed; animated cartoons, namely, video disks with recorded animated cartoons; prerecorded magnetic data carriers featuring interactive entertainment programmes; prerecorded magnetic data carriers featuring video games; recorded DVDs, video cassettes and data carriers containing animated films; recorded audio, video, audio-visual and data carriers of all kinds, namely, blank magnetic data carriers; blank magnetic data carriers; apparatus for recording, transmission or reproduction of sound and images; sound recording carriers, namely, prerecorded magnetic data carriers featuring sound recordings; sound transmitting apparatus; television apparatus, namely, television apparatus for projection purposes; remote control devices for radios, televisions, stereos; remote control of signals, namely, remote controls for radios, televisions, stereos; cameras; cinematographic apparatus; photographic cameras; cassette players; radios; laptop computers; computer mouses; monitors, namely, television monitors; mousemats in the nature of mousepads; loudspeakers; compact disc players; blank compact discs; chips; encoded chip cards for identifying particular users of computers and mobile telephones and data storage apparatus in the nature of prerecorded magnetic data carriers with games and films recorded thereon; encoded electronic chip cards for identifying particular users of computers and mobile telephones and other storage media in the nature of prerecorded magnetic data carriers with embroidery patterns recorded thereon; peripherals adapted for use with computers; downloadable software for playing videos in the field of children's entertainment and instruction; downloadable computer and video games software; prerecorded magnetic data carriers featuring game programs; computer games cartridges being auxiliary devices for television sets; downloadable computer game software for home video game consoles being auxiliary devices for television sets; computer keyboards; data processors; blank diskettes; floppy disk drives; blank videotapes; video game floppy disk drives; video game cartridges; intercommunication apparatus, namely, telephones incorporating intercommunication systems; electronic notice boards; electronic pens for electronic screen devices; protective helmets; helmets for bicycles; hologram apparatus; calculators; pocket calculators; telephones; temperature indicating apparatus in the nature of temperature indicators; bags to be attached to belts, specially adapted for mobile telephones and apparatus for reproduction of sound or images in the nature of cameras; cases especially made for photographic apparatus and instruments; flashlights for photographic apparatus for use in photography; sandglasses; figures with radio-frequency identification (RFID) chips or radio-frequency identification (RFID) tags as credentials for radio frequency identification in the field of downloading of audio, video and audiovisual data |
| Goods and Services | Purses; bags, namely, weekend bags, bags for sports; vanity cases sold empty; attaché cases; documents cases; beach bags; bags of leather for packaging; wallets; reusable shopping bags; key cases; valises; handbags; carrying bags for infants; suitcases; traveling trunks; umbrellas; leather travelling bag sets; travelling bags; backpacks; garment bags for travel; parasols; school knapsacks; satchels; toiletry bags sold empty; hipsacks; children's reins |
| Goods and Services | Games, namely, arcade games, board games, building games; toys, namely, toy figures and sets of toy figurines; playthings, in particular toy figures, accessories for toy figures in the nature of doll accessories, sets composed of toy figures and doll accessories, in particular the aforesaid goods being made of plastic; card games; playing cards; knee and elbow guards being sporting articles for athletic use; kites; toy scooters; bags adapted for use with sporting equipment, namely, golf bags, cricket equipment bags, tennis bags; toy balloons; streamers; roller skates; inline roller skates; decorations for Christmas trees; video game consoles being auxiliary devices for television sets; confetti; toy mobiles |
| Goods and Services | Printed matter, namely, printed books in the field of children's entertainment and instruction; paper and cardboard; bookends; jig-saw drawing templates; paper gift tags; flags and pennants of paper; writing paper; window stickers; photographic albums; photograph storage boxes; wooden ink stamps; printed calendars; printed postcards; gift wrap paper; bookmarkers; rubber erasers; crayons; pencils; felt pens; ball pens; fountain pens; printed exercise books; ink pads; collection folders of paper; ring binders; box files in the nature of document files; writing pads; art pads; printed picture books; expanding files of paper; pencil tubs in the nature of pencil boxes; pencil cups; pencil sharpeners; pen cases; poetry albums in the nature of printed anthologies featuring poetry; craft paper sheets; printed invitation place cards; printed wall day planners; desk pads; printed instruction manuals, namely, embroidery instructions for making handicraft articles of embroidery; embroidery kits consisting of embroidery design patterns printed on paper; printed embroidery template booklets; sealing stamps; bibs of paper; printed tear-off calendars; rub down transfers; folders for papers; stationery being document files; scrapbooks; stationery, namely, printed announcement cards; stickers being stationery; stickers; desktop cabinets for stationery being office requisites; paperweights; pictures in the nature of drawings; paper sheets being stationery; pencil holders; pencil sharpeners, electric or nonelectric; stationery writing pads; book binders in the nature of binders for office use; office requisites except furniture, namely, electric paper hole punches, paper creasers, containers for stationery; paper-clips; printed comic books; stationery wrappers, namely, wrapping paper; labels not of textiles, namely, paper labels; printed tickets; paint boxes for use in schools; penholders; paper maché figurines; printed song books; printed greeting cards; stands for pens and pencils; handbooks in the nature of printed manuals in the field of children's entertainment and instruction; writing or drawing books; binders for office use; envelopes for stationery use; printed greeting cards; printed trading cards, other than for games; office requisites, namely, containers being cases for stationery; printed catalogues in the field of children's entertainment and instruction; writing chalk; drafting rulers; paper hole punchers; paper notebooks; files, namely, document files; wrapping paper; stationery; paper handtowels; handkerchiefs of paper; paper bags; pastel crayons; paint brushes; printed desktop planners; prospectuses, namely, printed books in the field of children's entertainment and instruction; printed index books; stencil plates; boxes of cardboard or paper; signboards of paper or cardboard; pencil boxes; writing sets composed primarily of writing implements, writing ink; writing instruments; document portfolios; table napkins of paper; paper table mats; adhesive tape dispensers for household or stationery use; cases for stamps; writing slates; ink pencils in the nature of pens; tablecloths of paper; hygienic paper; plastic film for packaging; sheets of reclaimed cellulose for wrapping; packaging materials made of cardboard; packaging material made of starches in the nature of a paper substitute for food, beverages and consumer products; handwriting specimens for copying in the nature of school writing books; blackboards; drawing materials for blackboards; sketch pads; books, in particular printed children's books, printed books in the field of children's entertainment and instruction, ring binders, printed colouring books, printed comic books, printed picture books |
| Goods and Services | Audiovisual communication services, namely, transmitting streamed audiovisual recordings via the Internet; radio and television broadcasting services; broadcasting of video via the internet, featuring films; providing access to telecommunication networks; transmission of data, sound and images by means of telecommunications networks; transmission of information via national and international networks; interactive telecommunications services, namely, transmission of sound and vision via interactive multimedia networks; transmission of information by electronic network communications; streaming of audio, visual and audiovisual material via a global computer network; rental of access time to data, databases, computer networks and central computers in the nature of global computer networks; providing user access to data processing programs in data networks via the Internet; providing access to data processing computer programs via local computer data networks; providing access to databases in the field of online games |
| Goods and Services | Badges in the nature of buttons for clothing; buttons; hair bands; barrettes; hair clips; ribbons of textile; hair scrunchies; ornamental novelty badges for wear, not of precious metal; false beards; snap fasteners; heat adhesive patches for repairing textile articles; decorative articles for the hair, namely, hair bows, hair clips; decorative cords for clothing; wigs; zippers; belt clasps; dress fastenings; buckles for clothing; shoe buckles; shoe laces; numerals or letters for marking linen in the nature of marking pins; handicraft articles for hobby embroidery, namely, embroidery needles |
| Goods and Services | Clothing, namely, shirts, pants, dresses; footwear; headgear, namely, hats; neckerchiefs; gloves as clothing; caps being headwear; mufflers as neck scarves; neckties; stockings; socks; tights; clothing in the nature of headbands; caps in the nature of bucket caps, golf caps, baseball caps; bandanas; belts for children's clothing; children's braces for clothing in the nature of suspenders; sleepsuits; pyjamas; underwear; bibs, not of paper; suits; clothing layettes; swimming costumes; swimming trunks; bathrobes; bathing caps; bath sandals; bath slippers; berets; teddies being underclothing; insoles; carnival masquerade costumes; football boots; footmuffs, not electrically heated, namely, let warmers; goloshes; leg gaiters; waist belts; clothing for gymnastics, namely, shirts, shorts, pants; gymnastic shoes; half-boots; scarves; indoor footwear; shirt and panties combinations, namely, bodysuits; ladies' shirts; shirt yokes; shirts; shirt collars; trousers; trouser straps; suspenders; hats; clothing jackets; skull caps; clothing, namely, hoods; ready-to-wear clothing, namely, shirts, shorts, pants; clothing of leather, namely, shirts, shorts, pants; coats; robes; outer clothing, namely, coats, hats, gloves; clothing, namely, ear muffs; clothing, namely, jumpsuits; slippers; parkas; pelerines; petticoats; sweaters; cyclists' clothing, namely, cyclists' jerseys; rain jackets; skirts; sandals; sashes for wear; panties; shoes; aprons; ski boots; briefs; athletics shoes; boots; fabric shoes; beachwear; beach shoes; garters; tee-shirts; knitwear clothing, namely, shirts, dresses; uniforms; underpants; body linen, namely, bodysuits made of linen, shirts made of linen; waistcoats |
| Goods and Services | Cloth banners and cloth pennants not of paper; cloth flags; curtains for showers; curtains of textile or plastic; bedcovers; crawling blankets for babies; tea cloths; crib canopies for babies; sleeping bags for babies; bath linen; bed covers; bed linen; pillow cases; eiderdown down coverlets being quilts; linen cloth; mattress covers; upholstery fabrics; mosquito nets; place mats of textile; travelling rugs; curtains of textile; sleeping bags; textile table napkins; quilted blankets, namely, quilts; textile material, namely, textile fabrics for home and commercial interiors; net curtains of textile or plastic; coverlets in the nature of bedspreads; woven linen fabrics; bath mitts; terry products, namely, towels, washcloths, beach towels; indoor and outdoor curtains; paper curtains being door curtains |
| 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 | Tuesday, November 7, 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 | 6 - Active |
| Class Status Date | Tuesday, November 7, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
| US Class Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, November 7, 2023 |
| Primary Code | 016 |
| 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 | 6 - Active |
| Class Status Date | Tuesday, November 7, 2023 |
| Primary Code | 018 |
| 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 | 6 - Active |
| Class Status Date | Tuesday, November 7, 2023 |
| 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 | 6 - Active |
| Class Status Date | Tuesday, November 7, 2023 |
| Primary Code | 025 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 026 - Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. |
| US Class Codes | 037, 039, 040, 042, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, November 7, 2023 |
| Primary Code | 026 |
| 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 | 6 - Active |
| Class Status Date | Tuesday, November 7, 2023 |
| Primary Code | 028 |
| 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 | 6 - Active |
| Class Status Date | Tuesday, November 7, 2023 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | geobra Brandstätter Stiftung & Co. KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Event Date | Event Description |
| Thursday, November 2, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Tuesday, November 7, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Saturday, November 11, 2023 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, February 27, 2024 | ASSIGNED TO EXAMINER |
| Monday, March 11, 2024 | NON-FINAL ACTION WRITTEN |
| Tuesday, March 12, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Saturday, March 30, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, June 17, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, June 17, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, June 17, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, June 24, 2024 | PRELIMINARY/VOLUNTARY AMENDMENT - ENTERED |
| Monday, June 24, 2024 | TEAS VOLUNTARY AMENDMENT RECEIVED |
| Saturday, March 30, 2024 | REFUSAL PROCESSED BY MPU |
| Wednesday, April 24, 2024 | REFUSAL PROCESSED BY IB |