| Serial Number | 79361552 |
| Word Mark | S SMARTEAR |
| Filing Date | Wednesday, June 1, 2022 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, November 26, 2024 |
| Registration Number | 7574617 |
| Registration Date | Tuesday, November 26, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, September 24, 2024 |
| Goods and Services | Providing of training in the field of water networks, namely providing training for locating pipes in water networks, locating fluid leaks in water networks, and monitoring and repairing pipes and fluid leaks in water networks |
| Description of Mark | The mark consists of the literal element "S" in white, within a blue, inverted water drop, positioned above a horizontally aligned semi-circle in blue, which is above a stylized form of the literal elements "SMARTEAR" in blue. The white outside of the blue water drop is for background purposes and is not claimed as a feature of the mark. |
| Goods and Services | Measuring apparatus and instruments, and recognition apparatus and instruments in the form of fluid leak detectors for use in a water network; computer hardware and downloadable software, especially, computer hardware and downloadable computer software for monitoring, analyzing, controlling, detecting leaks, and outlining solutions for water networks; downloadable computer software for use in remote meter reading, detecting, and shut off of fluid leaks in water networks |
| Description of the Colors Claimed | Blue - lettering SmartEAR and a inverted drop over a lying ring, White - figurative S built from water pipes. |
| Pseudo Mark | S SMART EAR |
| Goods and Services | Maintenance and repair services in relation to water networks, namely measuring apparatus and instruments, identification apparatus and instruments, monitoring apparatus, surveillance instruments, signaling apparatus and instruments, detection apparatus and instruments, apparatus and instruments for checking and supervising, apparatus and instruments, apparatus and instruments for recording, transmitting, reproducing or processing data, data processing apparatus, all the aforesaid goods, especially, in the fields of locating pipes in water networks, and leaks in water networks |
| Indication of Colors claimed | The color(s) blue and white is/are claimed as a feature of the mark. |
| Goods and Services | Technological services for use in monitoring, detection of leaks, and providing solutions in water networks, namely, providing computer aided industrial analysis services in fluid leak detection and repair in water networks; engineering in water networks, in line location, leak detection and monitoring for pipes in water networks; water network pipeline inspection services; development, programming and implementation of software for use in water network monitoring, leak detection, and repair, namely locating pipes, networks and leaks; cloud computing for use in water networks, namely developing, hosting, and providing software as a service (SAAS) and platform as a service (PAAS) for use in administering water networks, namely online non-downloadable software and software platform service for locating pipes, networks and leaks in a water network; application service provider services featuring software for use in water network monitoring and repair; rental of computer hardware and software for locating pipes, networks and leaks all in water networks; rental of equipment for line location, leak detection and monitoring for pipes and pipe networks in a water network |
| 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 | Friday, February 3, 2023 |
| Primary Code | 009 |
| 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 | 6 - Active |
| Class Status Date | Friday, February 3, 2023 |
| Primary Code | 037 |
| 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 | Friday, February 3, 2023 |
| 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 | Friday, February 3, 2023 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Megger Germany GmbH |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | DE |
| Party Name | Megger Germany GmbH |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | DE |
| Party Name | Megger Germany GmbH |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | DE |
| Event Date | Event Description |
| Thursday, February 2, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, February 3, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, February 7, 2023 | APPLICATION FILING RECEIPT MAILED |
| Saturday, March 18, 2023 | ASSIGNED TO EXAMINER |
| Sunday, March 26, 2023 | NON-FINAL ACTION WRITTEN |
| Monday, March 27, 2023 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, August 15, 2023 | REFUSAL PROCESSED BY MPU |
| Tuesday, August 15, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, September 4, 2023 | REFUSAL PROCESSED BY IB |
| Monday, February 5, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, February 5, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, February 6, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, February 26, 2024 | FINAL REFUSAL WRITTEN |
| Monday, February 26, 2024 | FINAL REFUSAL E-MAILED |
| Monday, February 26, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Friday, July 12, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Friday, July 12, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Saturday, August 3, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Friday, August 16, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, August 16, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, August 16, 2024 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Friday, August 16, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, August 16, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, August 16, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Saturday, August 17, 2024 | EXAMINERS AMENDMENT -WRITTEN |
| Saturday, August 17, 2024 | EXAMINER'S AMENDMENT ENTERED |
| Saturday, August 17, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Saturday, August 17, 2024 | EXAMINERS AMENDMENT E-MAILED |
| Saturday, August 17, 2024 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, September 4, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, September 24, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, September 24, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, November 26, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, November 26, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |