| Serial Number | 79355681 |
| Word Mark | HYPEWEAR DIGITAL FASHION BY ABOUT YOU |
| Filing Date | Tuesday, September 27, 2022 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, February 6, 2024 |
| Registration Number | 7296175 |
| Registration Date | Tuesday, February 6, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, August 22, 2023 |
| Goods and Services | Entertainment in the nature of providing online, non-downloadable virtual footwear, clothing, headgear, fashion accessories, spectacles, costume jewelry, bags, bags for sports, backpacks, sporting equipment, cosmetics, perfume, beauty products, hair products, home textiles, carpets, paper and stationery provided for use in virtual environments created for entertainment purposes; Entertainment in the nature of providing an online electronic game featuring virtual footwear, clothing, headgear, fashion accessories, spectacles, costume jewelry, bags, bags for sports, backpacks, sporting equipment, cosmetics, perfume, beauty products, hair products, home textiles, carpets, paper and stationery; entertainment in the nature of providing an online electronic game featuring virtual stores provided in virtual environments created for entertainment purposes; entertainment in the nature of providing an online electronic game featuring online virtual restaurants where users can earn reward points and virtual currency used to purchase footwear, clothing, headwear, fashion accessories, spectacles, costume jewelry, bags, bags for sports, backpacks, athletic equipment, cosmetics, perfume, beauty products, hair products, home textiles, carpets, paper and stationery; entertainment in the nature of providing an online electronic game featuring online non-downloadable virtual gifts, gift certificates, rewards, points, incentives and prizes for use in virtual environments created for entertainment purposes |
| Description of Mark | The mark consists of the large stylized black wording "HYPEWEAR" above the small stylized wording "DIGITAL FASHION BY ABOUT YOU" where "DIGITAL FASHION BY" is black, "ABOUT" is white in a shaded black rectangle, and "YOU" is white in a shaded black rectangle that has a design of a white degree symbol having the appearance of a power switch to the right of "YOU" inside the shaded black rectangle. A thick green wavy thread that has turquoise shading appears behind the wording "HYPEWEAR" and has the appearance of being woven around the first "E" and the "A" in "HYPEWEAR". All other instances of the color white represents background, outlining, shading, and/or transparent areas and is not part of the mark. |
| Goods and Services | Sunglasses; downloadable software featuring downloadable virtual goods, namely, footwear, clothing, headgear, fashion accessories, spectacles, costume jewelry, bags, bags for sports, backpacks, sporting equipment, cosmetics, perfume, beauty products, hair products, home textiles, carpets, paper and stationery for use online and in virtual online-worlds |
| Pseudo Mark | HYPE WEAR DIGITAL FASHION BY ABOUT YOU |
| Goods and Services | Kerchiefs being clothing; footwear; scarves; headwear; waist belts; clothing, namely, tops as clothing, bottoms as clothing, gloves, mittens, neck warmers, belts, socks, and underwear |
| Indication of Colors claimed | The color(s) green, turquoise, black, and white is/are claimed as a feature of the mark. |
| Goods and Services | Retail store services in the field of clothing; retail store services in the field of clothing accessories; online retail services through direct solicitation by sales agents in the field of clothing; retail store services the field of cutlery; retail store services the field of floorcoverings; retail store services in the field of printed matter; retail store services in the field of furnishings; retail store services in the field of paints; retail store services in the field of luggage; retail store services in the field of hair products; retail store services in the field of home textiles; retail store services in the field of headgear; retail store services in the field of furniture; retail store services in the field of fashion accessories; retail store services in the field of stationery supplies; retail store services in the field of umbrellas; retail store services in the field of jewelry; retail store services in the field of stationery; retail store services in the field of footwear; retail store services in the field of bags; retail shop services in the field of carpets; retail store services in the field of time instruments; online retail store services in the field of cosmetic and beauty products; online retail store services the field of clothing; retail online ordering services in the field of cosmetics; mail order services in the field of cosmetics; online retail store services in the field of clothing; online retail store services in the field of handbags; online retail store services in the field of jewelry; online retail store services in the field of cosmetics; online retail store services in the field of luggage; retail mail order services for cosmetics; retail mail order services for clothing; retail mail order services in the field of clothing accessories; retail store services featuring virtual goods, namely, footwear, clothing, headgear, fashion accessories, spectacles, costume jewelry, bags, bags for sports, backpacks, sporting equipment, cosmetics, perfume, beauty products, hair products, home textiles, carpets, paper and stationery, all the aforesaid goods for usage online; online retail store services featuring virtual goods, namely, footwear, clothing, headgear, fashion accessories, spectacles, costume jewelry, bags, bags for sports, backpacks, sporting equipment, cosmetics, perfume, beauty products, hair products, home textiles, carpets, paper and stationery, all of the aforesaid goods for use online |
| NOT AVAILABLE | "DIGITAL FASHION" |
| 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, November 18, 2022 |
| Primary Code | 009 |
| 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 | Friday, November 18, 2022 |
| Primary Code | 025 |
| 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, November 18, 2022 |
| Primary Code | 035 |
| 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 | Friday, November 18, 2022 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | ABOUT YOU SE & Co. KG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | ABOUT YOU SE & Co. KG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | ABOUT YOU SE & Co. KG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Event Date | Event Description |
| Thursday, February 16, 2023 | ASSIGNED TO EXAMINER |
| Thursday, November 17, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, November 18, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, November 22, 2022 | APPLICATION FILING RECEIPT MAILED |
| Monday, February 13, 2023 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Friday, February 24, 2023 | NON-FINAL ACTION WRITTEN |
| Saturday, February 25, 2023 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, March 3, 2023 | CORRECTION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Monday, April 17, 2023 | REFUSAL PROCESSED BY MPU |
| Tuesday, April 18, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, May 10, 2023 | REFUSAL PROCESSED BY IB |
| Thursday, June 29, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, June 29, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, June 30, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, July 17, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, August 2, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, August 2, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, August 2, 2023 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Monday, August 21, 2023 | NOTIFICATION PROCESSED BY IB |
| Tuesday, August 22, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, August 22, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 6, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, February 6, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Monday, May 6, 2024 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Saturday, May 11, 2024 | FINAL DISPOSITION PROCESSED |
| Saturday, May 11, 2024 | FINAL DISPOSITION NOTICE SENT TO IB |
| Sunday, June 2, 2024 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Monday, September 18, 2023 | EXTENSION OF TIME TO OPPOSE RECEIVED |
| Sunday, December 31, 2023 | EXTENSION OF TIME TO OPPOSE PROCESS - TERMINATED |