| Serial Number | 77444639 |
| Word Mark | MAX AND MAX JR. THE HEALTHY-LIFE PENGUINS |
| Filing Date | Thursday, April 10, 2008 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, February 7, 2011 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, October 13, 2009 |
| Goods and Services | A series of books and written articles in the field of basic health and nutrition principles; A series of books, written articles, handouts and worksheets in the field of basic health and nutrition principles; Address labels; Adhesive labels; Adhesive note paper; Advertising boards of paper or cardboard; Advertising signs of paper or cardboard; Albums for photographs; Albums for stickers; Appliqués in the form of decals; Ball point pens; Banners of paper; Bibs of paper; Blank or partially printed paper labels; Blank or partially printed postcards; Blank writing journals; Book marks; Book plates; Booklets in the field of basic health and nutrition for children and their parents; Books in the field of basic health and nutrition for children and their parents; Book-cover paper; Brochures about health and nutrition; Bumper stickers; Business cards; Calendars; Cardboard backing for binding books; Cardboard containers; Cardboard floor display units for merchandising products; Cardboard hang tags; Cardboard mailing tubes; Cardboard packaging; Cards bearing universal greetings; Catalogs in the field of health and nutrition education products; Charts in the field of basic health and nutrition for children and their parents; Children's activity books; Children's books; Children's interactive educational books; Children's storybooks; Circulars in the field of basic principles of good health and nutrition for children and their parents; Coloring books; Columns on the subject of basic principles of good health and nutrition for children and their parents; Commemorative stamp sheets; Cook books; Copybooks; Coupon books; Coupons; Covers of paper for flower pots; Crossword puzzles; Daily planners; Decals; Decorative paper centerpieces; Decorative pencil-top ornaments; Decorative stickers for helmets; Desk sets; Desk stands and holders for pens, pencils, and ink; Diaries; Drawing pads; Educational books featuring basic elementary school level principles of good health and nutrition; Educational publications, namely, educational learning cards; flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, manuals, posters, and educational booklets in the field of basic principles of good health and nutrition; Educational publications, namely, books, hand-outs and workbooks in the field of basic elementary school level principles of good health and nutrition; Envelopes; Extensions and attachments for pencils; Flags and pennants of paper; Flash cards; Flip books; Folders; Fountain pens; Free-standing and wall-mounted paper and cardboard boxes for depositing a written message or prayer wishing a loved one well, for use in hospitals, elder care residences, schools, and institutions for children with special needs; General purpose plastic bags; Gift boxes; Gift cards; Graphic prints and representations; Greeting cards and postcards; Illustrations; Informational flyers featuring basic health and nutritional information; Informational letters concerning basic health and nutritional information; Leaflets about health and nutrition; Lunch bags made of textile; Magnetic boards with character magnets sold as an integral part thereof; Motivational cards; Mounted and unmounted photographs; Mounted posters; Murals; Music sheets; Newsletters in the field of basic health and nutrition information for children and their parents; Note books; Note cards; Note pads; Note paper; Occasion cards; Packaging containers of paper; Packaging, namely, blister cards; Packing cardboard containers; Painting sets for children; Paper; Paper baby bibs; Paper badges; Paper bags; Paper bags and sacks; Paper bags for packaging; Paper banners; Paper board; Paper boxes for storing greeting cards; Paper display boxes; Paper emblems; Paper flags; Paper flower pot covers; Paper gift bags; Paper gift tags; Paper gift wrap; Paper hang tags; Paper identification tags; Paper illustration boards; Paper labels; Paper mache figurines; Paper mats; Paper name badges; Paper party bags; Paper party decorations; Paper patches for clothing; Paper pennants; Paper place mats; Paper pouches for packaging; Paper sheets for note taking; Paper stationery; Paper tags; Paper take-out cartons for food; Paperboard; Partially printed forms; Party goodie bags of paper or plastic; Party ornaments of paper; Paper patterns for making fantasy penguin characters and their associated wardrobe, namely, vests, bathrobes and slippers; Pen and pencil cases and boxes; Pen and pencil cases; Pencil boxes; Pencil cases; Pencils; Pennants of paper; Pens; Photo mats; Pictorial prints; Picture books; Picture postcards; Pictures; Place cards of paper or cardboard; Place cards; Place mats of paper; Plastic gift wrap; Plastic or paper bags for merchandising packaging; Plastic shopping bags; Postcards; Postcards and greeting cards; Postcards and picture postcards; Posters; Posters made of paper; Price tags; Printed award certificates; Printed awards; Printed calendars; Printed charts; Printed educational material, namely, teaching tiles; Printed guides for basic principles of health and nutrition for children and their families; Printed informational cards in the field of basic principles of health and nutrition for children and their parents; Printed instructional, educational, and teaching materials in the field of basic principles of health and nutrition for children and their parents; Printed lessons on basic principles of health and nutrition for children and their parents; Printed mail response cards relating to basic principles of health and nutrition for children and their parents; Printed materials, namely, press releases featuring fantasy characters and penguin characters; Printed paper labels; Printed paper signs; Printed patterns; Printed products, namely, menu boards; Printed products, namely, lists featuring important habits to achieve and maintain good health; Printed products, namely, lists featuring products available for purchase and catalogs of available merchandise in the field of basic principles of health and nutrition for children and their parents; Printed recipes sold as a component of food packaging; Printed survey answer sheets; Printed teaching materials in the field of basic principles of health and nutrition for children and their parents; Printed visuals in the nature of information graphics, and promotional materials; Rubber stamps; Ruled paper; Score charts for educational and entertainment games; Score sheets as a component of educational and entertainment games; Series of non-fiction books in the field of basic principles of health and nutrition for children and their parents; Sheet music; Sketch books; Sleeves for holding and protecting stamps; Stationery; Stationery boxes; Stationery writing paper and envelopes; Stencils; Stencils and patterns, being of paper and plastic, for the transferring of graphic designs to pumpkins, mini-pumpkins, gourds, and other fruits and vegetables; Stickers; Stickers and transfers; Stories in illustrated form; Story books; Table mats of paper; Three-ring binders; Trading card discs of paper or cardboard; Unmounted and mounted photographs; Unmounted posters; Wire-bound notebooks; Workbooks directed to basic principles of health and nutrition for children and their parents; Coupons and coupon books; Crossword puzzles; Daily planners; Desk sets; Diaries; Drawing pads; Envelopes; Extensions and attachments for pencils and pens; Flash cards; Flip books; Folders; Music sheets; Mounted posters; General purpose plastic bags; paper hang tags; paper labels; Printed flash cards promoting health and good nutrition |
| Goods and Services | Developing educational manuals for others in the field of health and nutrition; Education information; Education services, namely, a program to promote basic nutritional principles of healthy eating to school age children; Educational services, namely, providing courses of instruction at the primary level to be distributed to primary schools; Educational services, namely, conducting on-line exhibitions and displays and interactive exhibits in the field of basic principles of health and nutrition; Educational services, namely, providing toys designed to teach about and promote basic principles of good health and nutrition; Educational services, namely, conducting informal on-line programs in the fields of basic principles of good health and nutrition, and printable materials distributed therewith; Educational services, namely, conducting informal on-line programs in the fields of basic principles of good health and nutrition, using on-line activities and interactive exhibits, and printable materials distributed therewith; Educational services, namely, developing curriculum for others in the field of basic principles of good health and nutrition; Entertainment in the nature of live performances by a group of people wearing costumes in the nature of full-sized versions of fantasy characters and fantasy penguin characters; Entertainment services, namely, personal appearances by a group of people wearing costumes in the nature of full-sized versions of fantasy characters and fantasy penguin characters; Entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials; Entertainment services, namely, providing a website featuring photographic audio, video and prose presentations featuring fantasy characters and fantasy penguin characters teaching basic principles of good health and nutrition; Entertainment services, namely, contest and incentive award programs designed to reward program participants who exercise, make healthy eating choices, and engage in other health-promoting activities; Entertainment services, namely, providing podcasts in the field of health and nutrition; Entertainment services, namely, providing webcasts in the field of health and nutrition; Entertainment services, namely, an ongoing series featuring fantasy characters and fantasy penguin characters teaching basic principles of good health and nutrition provided through various platforms across multiple forms of transmission media; Information in the field of parenting concerning education of children; Information relating to entertainment and education, provided on-line from a computer database or the internet; On-line journals, namely, blogs featuring characters fantasy characters and fantasy penguin characters discussing basic principles of good health and nutrition; Production of DVDs, videotapes and television programs featuring author reading books and introducing live performances by individuals wearing costumes that resemble full-sized characters; Providing a website that features informal instruction on improving nutritional choices and lifestyle choices for children and parents; Providing a website featuring information on exercise and fitness; Providing advice and information in the field of educational and entertainment activities and events for children; Providing advice and information to adult family members on appropriate entertainment and leisure activities for younger family members; Providing information in the field of exercise training; Providing newsletters in the field of improving or choosing healthier lifestyle and making better nutritional choices for children and their parents via email; Providing on-line publications in the nature of storybooks featuring activities for children, in the field of basic principles of good health and nutrition catalog of products; Providing recognition and incentives by the way of awards to demonstrate excellence in the field of improved health and nutritional choices; Publication of books, magazines and newsletters; Publication of books; Publication of brochures; Publication of electronic magazines; Publication of texts, books, magazines, and other printed matter; Providing educational programs to encourage healthy nutrition and eating habits |
| 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 | Monday, April 14, 2008 |
| Primary Code | 016 |
| 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, May 5, 2009 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | NOT AVAILABLE |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 01 - Individual |
| Address | Easthampton, MA 01027 |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | Easthampton, MA 01027 |
| Event Date | Event Description |
| Monday, February 7, 2011 | ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED |
| Monday, February 7, 2011 | ABANDONMENT - NO USE STATEMENT FILED |
| Friday, April 16, 2010 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Wednesday, April 14, 2010 | EXTENSION 1 GRANTED |
| Wednesday, April 14, 2010 | EXTENSION 1 FILED |
| Wednesday, April 14, 2010 | TEAS EXTENSION RECEIVED |
| Tuesday, January 5, 2010 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, October 27, 2009 | CHANGES/CORRECTIONS AFTER PUB APPROVAL ENTERED |
| Thursday, October 22, 2009 | ASSIGNED TO PETITION STAFF |
| Thursday, October 15, 2009 | TEAS POST PUBLICATION AMENDMENT RECEIVED |
| Tuesday, October 13, 2009 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, October 13, 2009 | PUBLISHED FOR OPPOSITION |
| Saturday, September 5, 2009 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Saturday, September 5, 2009 | ASSIGNED TO LIE |
| Wednesday, August 26, 2009 | ASSIGNED TO LIE |
| Monday, August 24, 2009 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, August 24, 2009 | EXAMINER'S AMENDMENT ENTERED |
| Monday, August 24, 2009 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, August 24, 2009 | EXAMINERS AMENDMENT E-MAILED |
| Monday, August 24, 2009 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, May 5, 2009 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, May 5, 2009 | FINAL REFUSAL E-MAILED |
| Tuesday, May 5, 2009 | FINAL REFUSAL WRITTEN |
| Monday, April 27, 2009 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, April 27, 2009 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, April 27, 2009 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, April 27, 2009 | PETITION TO REVIVE-GRANTED |
| Monday, April 27, 2009 | TEAS PETITION TO REVIVE RECEIVED |
| Tuesday, March 3, 2009 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Tuesday, March 3, 2009 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Sunday, July 27, 2008 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Sunday, July 27, 2008 | NON-FINAL ACTION E-MAILED |
| Sunday, July 27, 2008 | NON-FINAL ACTION WRITTEN |
| Thursday, July 24, 2008 | ASSIGNED TO EXAMINER |
| Monday, April 14, 2008 | NEW APPLICATION ENTERED IN TRAM |