| Serial Number | 79201072 |
| Word Mark | RAIL 4.0 |
| Filing Date | Wednesday, July 13, 2016 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, August 23, 2024 |
| Registration Number | 5393293 |
| Registration Date | Tuesday, February 6, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 21, 2017 |
| Description of Mark | The mark consists of a straight diagonal orange band followed to the right by a straight diagonal red band followed by the wording "RAIL 4.0" in black. |
| Goods and Services | Construction machinery and machine tools, namely, excavating machines; motors and engines except for land vehicles; machine coupling and transmission components except for land vehicles; machines, machine tools and equipment, namely, cranes and excavating machines all for railway construction, railway line construction, track construction and for laying rails; track construction machines, namely, mobile cranes and track laying machines being rail-laying machines |
| Goods and Services | Common metals and their alloys; metal building materials, namely, metal rails and steel rebars, rods, and mesh used for strengthening and reinforcing concrete structures; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, namely, iron rebars, rods, and mesh used for strengthening and reinforcing concrete structures; small items of metal hardware, namely, bolts; pipes and tubes of metal; beams, rails and supporting structures being construction elements all of metal; metal fish plates in the nature of hardware for fastening rails; railway materials, namely, railway points |
| Pseudo Mark | RAIL FOUR POINT 0 |
| Goods and Services | Installation of working and building platforms; construction of railways; railway track construction; construction of permanent ways for railways; repair, restoration, maintenance, renovation, modernisation and structural alteration work in the field of railway tracks; maintenance services in the field of railway tracks; assembly, repair, installation, restoration, maintenance and servicing of railway tracks and platforms; advice, information and consultancy services relating to all of the aforesaid services; advice, information and consultancy services, namely, providing on-line information via cloud computing in relation to all the aforesaid services; rental of railway track construction machines, railway laying machines and equipment for railway, railway line and railway track construction; railway line construction; repair, installation, overhaul, servicing and maintenance of railway lines, railway track systems and railway tracks and rails; information, advice and assistance relating to all the aforesaid services |
| Indication of Colors claimed | The color(s) red, orange and black is/are claimed as a feature of the mark. |
| Goods and Services | Advertising services; business management; business administration; providing office functions; advertising and sales promotion in relation to railway construction, railway track construction and track laying; business consultancy and preparation of expert business opinions in the commercial and professional business sector, in particular in the field of railway construction, railway line construction, track construction and for laying rails; business advice, assistance and information relating to all the aforesaid; business advice, assistance and information, namely, providing on-line business information via cloud computing in relation to all the aforesaid services |
| NOT AVAILABLE | "RAIL" |
| Goods and Services | Scientific and technological services, namely, scientific research in the field of railway tracks and new product research and design relating thereto; industrial analysis and research services in the field of engineering of railway tracks; design and development of computer hardware and software; technological advice and consultancy in the field of engineering of railway tracks; technological advice and consultancy, namely, consulting services in the field of cloud computing; engineering consultancy in the field of civil engineering relating to railway construction, rail traffic route construction and railway track construction; soil and building material investigations, namely, materials testing and analysing of soil and building materials; engineering consultancy, information and support in the field of technical project planning for rail traffic route construction, railway construction and railway track construction |
| International Class | 006 - Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. |
| US Class Codes | 002, 012, 013, 014, 023, 025, 050 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, August 23, 2024 |
| Primary Code | 006 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 007 - Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. |
| US Class Codes | 013, 019, 021, 023, 031, 034, 035 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, August 23, 2024 |
| Primary Code | 007 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, August 23, 2024 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 037 - Building construction; repair; installation services. |
| US Class Codes | 100, 103, 106 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, August 23, 2024 |
| Primary Code | 037 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, August 23, 2024 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Rhomberg Sersa Rail Holding GmbH |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | Bregenz A6900 AT |
| Party Name | Rhomberg Sersa Rail Holding GmbH |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | Bregenz A6900 AT |
| Party Name | Rhomberg Sersa Rail Holding GmbH |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | Bregenz A6900 AT |
| Event Date | Event Description |
| Wednesday, February 8, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, February 2, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Wednesday, February 8, 2017 | ASSIGNED TO EXAMINER |
| Monday, February 13, 2017 | NON-FINAL ACTION WRITTEN |
| Tuesday, February 14, 2017 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, February 14, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, February 15, 2017 | REFUSAL PROCESSED BY MPU |
| Wednesday, February 15, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, March 4, 2017 | REFUSAL PROCESSED BY IB |
| Wednesday, June 28, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, June 28, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, June 28, 2017 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, June 29, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, July 19, 2017 | FINAL REFUSAL WRITTEN |
| Wednesday, July 19, 2017 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, July 19, 2017 | FINAL REFUSAL E-MAILED |
| Monday, September 25, 2017 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Monday, September 25, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, September 25, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, September 29, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, October 13, 2017 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Thursday, October 12, 2017 | ASSIGNED TO LIE |
| Wednesday, November 1, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, November 21, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, November 21, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 6, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Sunday, May 6, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Monday, May 14, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Saturday, June 23, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Monday, February 6, 2023 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Sunday, May 19, 2024 | NEW REPRESENTATIVE AT IB RECEIVED |
| Monday, May 14, 2018 | FINAL DISPOSITION PROCESSED |
| Friday, August 23, 2024 | CANCELLED SECTION 71 |