| Serial Number | 79401679 |
| Word Mark | PORT ELLEN |
| Filing Date | Thursday, November 23, 2023 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Tuesday, October 29, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Entertainment and educational services, namely, providing on-line, non-downloadable virtual non-alcoholic and alcoholic beverages and clothing, footwear, headwear, fashion accessories, eyewear, jewellery and handbags for use in virtual environments for entertainment purposes; entertainment and educational services in the nature of organizing, arranging, and hosting simulated live musical performances by avatars in virtual worlds for entertainment purposes, art exhibition services and social entertainment events; virtual reality and interactive game services provided online from a global computer network and through wireless networks and electronic devices; hosting of virtual social entertainment events in the metaverse and virtual worlds; entertainment services, namely, provision of online non-downloadable virtual goods in the nature of digital works of art, photographs of alcoholic beverages, videos, and audio recordings featuring music for use in virtual worlds created for entertainment purposes; entertainment services, namely, providing online virtual reality game services featuring a virtual bar and restaurant offering virtual food and beverages; entertainment services, namely, conducting live and virtual workshops, educational demonstrations and courses of instruction in the field of mixology and alcoholic beverages; providing entertainment information on-line relating to crypto-assets for entertainment purposes; production of educational and entertainment multimedia content for use in the metaverse, virtual reality, augmented reality, mixed reality, extended reality, or a combination thereof. |
| Goods and Services | Downloadable digital files of avatars, images of avatars, photographs of avatars, image files of works of art, videos and audio recordings for the marketing of alcoholic and non-alcoholic beverage products used with blockchain technology authenticated by non-fungible tokens (NFTs); downloadable software for creating, modifying, and sharing images files of virtual goods, namely non-alcoholic and alcoholic beverages, clothing, footwear, headwear, fashion accessories, eyewear, jewellery and handbags for use online and in online virtual worlds; downloadable computer software for interactive online games for use via a global computer network and through wireless networks and electronic devices; downloadable software for engaging in social networking and interacting with online communities, accessing and streaming multimedia entertainment content, and for providing access to an online virtual environment, and downloadable software in the nature of a mobile application for users to browse and perform electronic transactions of retail consumer goods; downloadable computer software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays and skins for access and use in online environments, virtual online environments, and extended reality virtual environments; downloadable computer software and downloadable mobile application software for providing access to digital electronic content and experiences in a virtual environment including a metaverse, virtual reality, augmented reality, mixed reality, extended reality, or a combination thereof via an internet portal or other communication network; downloadable virtual and augmented reality software for alcoholic and non-alcoholic beverage products; downloadable virtual reality software, mobile application virtual reality software for playing computer games featuring virtual worlds; virtual reality headsets and glasses; electronic devices being computers adapted for use in online virtual worlds; downloadable virtual and augmented reality software for alcoholic and non-alcoholic beverage products for education, learning, entertainment purpose; downloadable software and mobile application software for providing a virtual marketplace; downloadable software and downloadable mobile application software for generating cryptographic keys for receiving and spending crypto assets; downloadable computer software for managing cryptocurrency transactions using blockchain technology; downloadable computer programs for the creation and trade of digital assets using blockchain-based software technology; downloadable computer software and downloadable mobile application software enabling the authentication, ownership, availability, sale and trading of digital assets; downloadable software and downloadable mobile application software for processing transactions related to crypto-assets, non-fungible tokens and other application tokens; downloadable software and downloadable mobile application software for use in electronically trading, storing, sending, receiving, accepting and transmitting crypto-assets, non-fungible tokens and other digital tokens; downloadable computer software and downloadable mobile application software for viewing images, videos and content relating to beverages, gaming, music, clothing, footwear, headwear, fashion accessories, eyewear, jewellery and handbags; downloadable electronic loyalty cards, incentive cards and reward cards; downloadable epayment software to allow users to perform electronic business transactions via a global computer network; downloadable 3D animation software for creating digital animation and special effects of images; downloadable augmented reality software for alcoholic and non-alcoholic beverage products; downloadable computer chatbot software for simulating conversations; downloadable computer software featuring intelligent assistants for replying to questions from online retail store customers related to alcoholic and non-alcoholic beverages to create enhanced user experiences in response to user inquiries, instructions, and commands. |
| Goods and Services | Retail store services featuring alcoholic and non-alcoholic beverages, clothing, footwear, headwear, fashion accessories, eyewear, jewelry and handbags authenticated by non-fungible tokens; providing incentive reward programs for customers through issuance and processing of loyalty points authenticated by non-fungible tokens (nfts) for on-line purchase of goods and services; retail store services and online store services featuring virtual goods, namely, beverages, food, and clothing for use in online virtual worlds; provision of an online marketplace for buyers and sellers of downloadable digital files of non-alcoholic and alcoholic beverages, clothing, footwear, headwear, fashion accessories, eyewear, jewellery and handbags authenticated by non-fungible tokens (NFTs); customer relationship management via chatbot. |
| Goods and Services | Providing temporary use of non-downloadable software for creating digital and virtual media namely, digital and virtual assets in the form of images, photos, videos, file containing text, spreadsheets, and slide decks, relating to contents stored digitally and virtually; providing temporary use of online non- downloadable software for creating, modifying, and sharing image files of virtual goods created with blockchain-based software technology and smart contracts, in the nature of non-alcoholic and alcoholic beverages, clothing, footwear, headwear, fashion accessories, eyewear, jewellery and handbags for use online; creation online being graphic design of art works and digital images namely, non-alcoholic and alcoholic beverages and branded clothing, footwear, headwear, fashion accessories, eyewear, jewellery and handbags for use online; providing temporary use of non-downloadable computer software for creating, managing, storing, accessing, sending, receiving, exchanging, validating and selling digital assets, digital collectibles, digital tokens and non-fungible tokens (NFTs); authentication, issuance, validation and administering of digital certificates; research and development of new virtual goods for others; authentication of intangible assets using blockchain technology; hosting of an interactive website and computer application software for virtual reality game services; computer system analysis; software as a service (SaaS) featuring software for the marketing of alcoholic and non-alcoholic beverage products; software creation, development, programming and maintenance; electronic data storage via blockchain; data authentication in the field of alcoholic and non-alcoholic beverage products via blockchain; Providing online non-downloadable software development tools for creating blockchain-based applications provided by blockchain as a Service (BaaS); software development, programming and maintenance; website creation and maintenance; hosting computer websites; providing temporary use of non-downloadable software for creating technology that enables internet users to create, bookmark, annotate, and publicly share data; computer services, namely, creating an online virtual environment for exchanging virtual collectibles, virtual goods, digital files, 3D resources and tokens; providing temporary use of online non-downloadable cognitive computing software for alcoholic and non-alcoholic beverage products; design and development of computer software for chatbots; providing temporary use of online non-downloadable computer software for simulating conversations; platform as a service (PaaS) featuring computer software platforms for operating AI customer service centers via chatbot; providing of online non-downloadable software for providing access to virtual collectibles, non-fungible tokens and other application tokens. |
| 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 | Thursday, August 8, 2024 |
| 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 | Thursday, August 8, 2024 |
| 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 | Thursday, August 8, 2024 |
| Primary Code | 041 |
| 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 | Thursday, August 8, 2024 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Diageo Scotland Limited |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | GB |
| Event Date | Event Description |
| Thursday, August 8, 2024 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, August 16, 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, August 16, 2024 | APPLICATION FILING RECEIPT MAILED |
| Saturday, August 24, 2024 | NON-FINAL ACTION WRITTEN |
| Saturday, August 17, 2024 | ASSIGNED TO EXAMINER |
| Sunday, August 25, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, August 27, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, August 27, 2024 | REFUSAL PROCESSED BY MPU |
| Tuesday, October 29, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, October 29, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, October 29, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, September 15, 2024 | REFUSAL PROCESSED BY IB |