| Serial Number | 97978049 |
| Word Mark | MIXIN ITUP BE DIFFERENT, BE THE OPPOSITE, BE YOU STOP BE DIFFERENT STOP BE YOU BE THE OPPOSITE GO |
| Filing Date | Thursday, November 3, 2022 |
| Status | 807 - SU - NON-FINAL ACTION - MAILED |
| Status Date | Monday, August 12, 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 | Tuesday, February 6, 2024 |
| Description of Mark | The mark consists of the stylized wording "MIXIN ITUP" positioned above the stylized wording "BE DIFFERENT, BE THE OPPOSITE, BE YOU", all of which is positioned above a design featuring two people comprised of geometric shapes. The geometric person positioned to the left is composed of a circular head, triangular torso, and vertical rectangular lower body. The geometric person positioned to the right is composed of a circular head, square torso, and vertical rectangular lower body. Both faces feature one eye, one eyebrow, and one-half smiling mouth. With respect to the geometric person design on the left, the stylized stacked wording "BE DIFFERENT" is positioned on top of the triangular torso, and the stylized word "STOP" is featured on the vertical rectangular lower body. With respect to the geometric person design on the right, the stylized wording "BE THE" is positioned above the stylized word "OPPOSITE", all of which is positioned on top of the square torso, and the stylized word "GO" is featured on the vertical rectangular lower body. The stylized wording "BE YOU" is positioned in-between the design featuring two geometric persons. The colors black and white represent background, outlining, shading, and transparent areas and are not claimed as features of the mark. |
| Pseudo Mark | MIXIN IT UP BE DIFFERENT, BE THE OPPOSITE, BE YOU STOP BE DIFFERENT STOP BE YOU BE THE OPPOSITE GO |
| Goods and Services | Earrings; Necklace and earring combinations that can be worn separately or as one piece |
| Goods and Services | Gloves; Socks; Shirts and short-sleeved shirts; Night shirts; Sleep shirts; T-shirts |
| 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 | 6 - Active |
| Class Status Date | Monday, November 21, 2022 |
| Primary Code | 014 |
| First Use Anywhere Date | Thursday, February 9, 2023 |
| First Use In Commerce Date | Tuesday, April 25, 2023 |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, November 21, 2022 |
| Primary Code | 025 |
| First Use Anywhere Date | Thursday, February 9, 2023 |
| First Use In Commerce Date | Wednesday, July 19, 2023 |
| Party Name | Tri-Con Development, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Lewis Center, OH 43035 |
| Party Name | Tri-Con Development, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Lewis Center, OH 43035 |
| Event Date | Event Description |
| Thursday, August 17, 2023 | ASSIGNED TO EXAMINER |
| Monday, November 7, 2022 | NEW APPLICATION ENTERED |
| Monday, November 21, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, November 22, 2022 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, August 22, 2023 | PRIORITY ACTION WRITTEN |
| Tuesday, August 22, 2023 | NOTIFICATION OF PRIORITY ACTION E-MAILED |
| Tuesday, August 22, 2023 | PRIORITY ACTION E-MAILED |
| Thursday, December 7, 2023 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Thursday, December 7, 2023 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Thursday, December 7, 2023 | ABANDONMENT NOTICE E-MAILED - FAILURE TO RESPOND |
| Friday, December 15, 2023 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, December 15, 2023 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, December 15, 2023 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, December 18, 2023 | TEAS PETITION TO REVIVE RECEIVED |
| Monday, December 18, 2023 | PETITION TO REVIVE-GRANTED |
| Monday, December 18, 2023 | NOTICE OF REVIVAL - E-MAILED |
| Monday, December 18, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, December 18, 2023 | NOTICE OF REVIVAL - E-MAILED |
| Tuesday, December 19, 2023 | FINAL REFUSAL WRITTEN |
| Tuesday, December 19, 2023 | FINAL REFUSAL E-MAILED |
| Thursday, December 28, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, December 19, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, December 27, 2023 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Wednesday, December 27, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, January 3, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, January 17, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, February 6, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, February 6, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, April 2, 2024 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Monday, April 8, 2024 | DIVISIONAL REQUEST RECEIVED |
| Thursday, April 11, 2024 | TEAS STATEMENT OF USE RECEIVED |
| Thursday, April 11, 2024 | TEAS REQUEST TO DIVIDE RECEIVED |
| Friday, April 19, 2024 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Friday, April 19, 2024 | DIVISIONAL PROCESSING COMPLETE |
| Friday, April 19, 2024 | STATEMENT OF USE PROCESSING COMPLETE |
| Thursday, April 11, 2024 | USE AMENDMENT FILED |
| Monday, August 12, 2024 | SU - NON-FINAL ACTION - WRITTEN |
| Monday, August 12, 2024 | NON-FINAL ACTION E-MAILED |
| Monday, August 12, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Saturday, April 20, 2024 | NOTICE OF DESIGN SEARCH CODE E-MAILED |