| Serial Number | 85010493 |
| Word Mark | PREVAIL |
| Filing Date | Friday, April 9, 2010 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, February 2, 2015 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, May 6, 2014 |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Description of Mark | The mark consists of the word "Prevail" in stylized lettering which includes a design featuring flowers. |
| Goods and Services | Make-up; cosmetics; false eye lashes; false nails; nail polish remover; bath and shower accessories, namely, loofah soaps; massage oils; facial cleansers; facial creams; facial lotions; facial washes; skin clarifiers; skin cleansers; skin creams; skin conditioners; skin lotions; skin moisturizer; skin soaps; skin toners; hair dressings for men; hair conditioner; hair shampoo; hair gels; hair care preparations; hair cleaning preparations; hair styling preparations; hair creams; beauty creams for body care; body and beauty care cosmetics; body creams; body cream soap; body lotions; body oils; body powder; body scrub; body sprays; cosmetic products for the face and body, namely, creams, lotions, gels, mists, scrubs and oils; deodorants for body care; body spray used as a personal deodorant and as fragrance; deodorant for personal use; face and body beauty creams; liquid soaps for hands, face and body; hair lotions; lotions for face and body care; non-medicated body soaps; soaps for body care; toning lotion for the face, body and hands; cologne water; toilet water; bath beads; bath crystals; shower and bath foams; shower and bath gels; bath lotion; bath oils; bath powder; bath salts; bath soaps in liquid, solid or gel form; mineral salt in the nature of bath salts not for medical purposes; hair tonics; hair cleansers; hair waving lotion; scented oils used to produce aromas when heated; essential oils for personal use; cosmetic cleansing creams; cosmetic creams; cosmetic oils; cosmetic preparations for skin renewal; cosmetic soaps; face creams for cosmetic use; shaving preparations; shaving balms; make-up removers; perfumes; beauty masks; skin masks; beauty serums; skin care products, namely, non-medicated skin serum; lip balm; non-medicated balms for skin; bath milks; beauty milks; face and body milks; cleansing milks; cosmetic milks; moisturizing milks; make-up removing milk, gel, lotions and creams; eye compresses for cosmetic purposes; after sun creams; after sun lotions; non-medicated sun care preparations; sun care lotions; sun creams; after-shave balms; after-shave creams; after-shave emulsions; after-shave gel; after-shave lotions; manicure and pedicure nail implements, namely, emery boards and foot smoothing stones for heels and calluses; cotton balls, cotton swabs, cotton puffs and cosmetic pads for applying makeup; tissues impregnated with cosmetic lotions |
| Goods and Services | Aromatherapy creams, aromatherapy lotions, and aromatherapy oils for relieving stress |
| Goods and Services | Tweezers; manicure and pedicure nail implements, namely, nail files, nail clippers, cuticle pushers, nail and cuticle scissors, nail buffers, cuticle sticks; cosmetic implements, namely, eyelash curlers |
| Goods and Services | Jewelry |
| Goods and Services | Facial tissues, namely, disposable wipes not impregnated with chemicals or compounds solely to apply and remove makeup; cosmetic implements, namely, cosmetic pencil sharpeners; paper tissues used for applying cosmetics |
| Goods and Services | Cosmetic bags sold empty |
| Goods and Services | Hand held mirrors |
| Goods and Services | Cosmetic brushes; cosmetic implements, namely, foam applicator sticks for applying cosmetics, sponges for applying make-up; manual cosmetic cleaners, namely, non-woven fabric wipes; cosmetic applicators, namely, cosmetic spatulas for applying cosmetics, brushes for applying cosmetics, make-up applicators, namely, foam sponges, brushes, sponge wedges, and spatulas; bath and shower accessories, namely, loofah sponges and bath brushes; cosmetic applicators, namely, wedge-shaped facial sponges for applying make-up; hairbrushes; manicure and pedicure nail implements, namely, nail brushes; combs; hair brushes |
| Goods and Services | Bath and shower accessories, namely, bath gloves |
| Goods and Services | Hair accessories, namely, hair ornaments in the form of combs, bobby pins, hair pins, barrettes, hair chopsticks, clamps, bun holders, hair forks, hair bands, bows, ribbons, ponytail holders, banana clips, coiffure bonnets, hair ornaments in the nature of hair wraps |
| International Class | 003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| US Class Codes | 001, 004, 006, 050, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, April 14, 2010 |
| Primary Code | 003 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 005 - Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| US Class Codes | 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, June 20, 2013 |
| Primary Code | 005 |
| 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, January 25, 2011 |
| Primary Code | 018 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 008 - Hand tools and implements (hand-operated); cutlery; side arms; razors. |
| US Class Codes | 023, 028, 044 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, January 25, 2011 |
| Primary Code | 008 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Tuesday, January 25, 2011 |
| Primary Code | 014 |
| 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, January 25, 2011 |
| Primary Code | 016 |
| 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, January 25, 2011 |
| Primary Code | 026 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 020 - Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. |
| US Class Codes | 002, 013, 022, 025, 032, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, January 25, 2011 |
| Primary Code | 020 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 021 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. |
| US Class Codes | 002, 013, 023, 029, 030, 033, 040, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, January 25, 2011 |
| Primary Code | 021 |
| 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, January 25, 2011 |
| Primary Code | 024 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Duane Reade International, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | New York, NY 10001 |
| Party Name | Duane Reade International, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | New York, NY 10001 |
| Event Date | Event Description |
| Monday, February 2, 2015 | ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED |
| Monday, February 2, 2015 | ABANDONMENT - NO USE STATEMENT FILED |
| Tuesday, July 1, 2014 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, May 6, 2014 | PUBLISHED FOR OPPOSITION |
| Wednesday, April 16, 2014 | NOTICE OF PUBLICATION |
| Tuesday, April 1, 2014 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, March 21, 2014 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, March 19, 2014 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, March 19, 2014 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, March 19, 2014 | ASSIGNED TO LIE |
| Tuesday, March 18, 2014 | ASSIGNED TO LIE |
| Wednesday, March 12, 2014 | NOTICE OF PUBLICATION |
| Monday, March 10, 2014 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, February 27, 2014 | NON-FINAL ACTION MAILED |
| Thursday, February 27, 2014 | NON-FINAL ACTION WRITTEN |
| Friday, January 24, 2014 | PREVIOUS ALLOWANCE WITHDRAWN-TIMELY AAU |
| Monday, January 20, 2014 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Thursday, January 9, 2014 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, January 3, 2014 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, December 10, 2013 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, December 9, 2013 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, December 9, 2013 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, October 31, 2013 | NON-FINAL ACTION MAILED |
| Wednesday, October 30, 2013 | NON-FINAL ACTION WRITTEN |
| Wednesday, October 2, 2013 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, October 1, 2013 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, October 1, 2013 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, July 15, 2013 | NON-FINAL ACTION MAILED |
| Friday, July 12, 2013 | NON-FINAL ACTION WRITTEN |
| Thursday, June 20, 2013 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, June 20, 2013 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, June 13, 2013 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, May 7, 2013 | NON-FINAL ACTION MAILED |
| Tuesday, May 7, 2013 | NON-FINAL ACTION WRITTEN |
| Tuesday, April 9, 2013 | LIE CHECKED SUSP - TO ATTY FOR ACTION |
| Monday, October 8, 2012 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Saturday, September 8, 2012 | LIE CHECKED SUSP - TO ATTY FOR ACTION |
| Tuesday, March 6, 2012 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Tuesday, September 6, 2011 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Wednesday, February 16, 2011 | LETTER OF SUSPENSION MAILED |
| Tuesday, February 15, 2011 | SUSPENSION LETTER WRITTEN |
| Tuesday, January 25, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, January 25, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, January 12, 2011 | ASSIGNED TO LIE |
| Wednesday, December 22, 2010 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, July 16, 2010 | NON-FINAL ACTION MAILED |
| Friday, July 16, 2010 | NON-FINAL ACTION WRITTEN |
| Wednesday, July 14, 2010 | ASSIGNED TO EXAMINER |
| Thursday, June 3, 2010 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, June 3, 2010 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, April 15, 2010 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Wednesday, April 14, 2010 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Tuesday, April 13, 2010 | NEW APPLICATION ENTERED IN TRAM |