
| Serial Number | 79188029 |
| Word Mark | SWIM&WEAR |
| Filing Date | Friday, January 29, 2016 |
| Status | 707 - PARTIAL SECTION 71 ACCEPTED |
| Status Date | Friday, March 15, 2024 |
| Registration Number | 5206805 |
| Registration Date | Tuesday, May 23, 2017 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, March 7, 2017 |
| Description of Mark | The mark consists of the wording "swim&wear" written in fanciful characters with each letter represented in different colors and placed above a square of the same color; the letters and the corresponding squares are respectively from left to right in blue, orange, dark green, red, dark blue, light blue, fuchsia, yellow, and light green. |
| Goods and Services | [ Spectacles; sunglasses; eyeglasses; goggles for sports; reading glasses; eyewear cases; spectacle cases; lanyards specially adapted for cellular phones; computer carrying cases; cases for electronic diaries; disc storage containers; holders for compact discs; compact discs and DVD cases; sleeves for laptops; laptop carrying cases; camera cases; cellular phone cases; cellular phone covers; cellular phone covers made of cloth or textile materials; mouse pads; decorative magnets ] |
| Goods and Services | [ Leather and imitation of leather; purses; shoulder bags; bags for sports; beach bags; handbags; evening purses; handbags for ladies; cosmetic bags sold empty; clutch bags; travelling sets, namely, coordinated luggage for travel; trunks and travelling bags; valises; suitcases; garment bags for travel; kit bags; duffle bags for travel; all-purpose carrying bags; leather and imitation leather bags; textile shopping bags; knitted purses; small purses; small bags for men; multi-purpose purses; wallets; key cases; attaché cases; credit card cases; key bags; vanity cases sold empty; rucksacks; daypacks; music cases; umbrellas and parasols; beach umbrellas ] |
| Goods and Services | [ Games and playthings, namely, card games, board games, inflatable pool toys; gymnastic and sporting articles, namely, swimming floats, swim fins, gymnastic apparatus; appliances for gymnastics; kites; machines for physical exercises, namely, exercise weights, exercise machines; playing cards; scale model vehicles; balls for games; play balloons; elbow guards for athletic use; knee guards for athletic use; stuffed toys; dolls ] |
| Goods and Services | [ Paper; cardboard; printed matter, namely, printed periodicals in the field of fashion, lifestyle and travel, paper signs, books, newsletters, informational cards and brochures in the field of fashion, lifestyle and travel; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials, namely, molds for modeling clays, artists' pencils; paintbrushes; typewriters and office requisites except furniture, namely, adhesive tape dispensers, correcting fluid for type, correcting tapes, rubber bands, staple removers, staplers; plastic materials for packaging, namely, plastic bags; printers' type; printing blocks; printed tickets; drawing pads; envelopes; catalogues in the field of fashion, lifestyle and travel; packing materials of paper or cardboard; pens; colored pens; pen nibs; pencils; penholders; writing or drawing books; bookmarkers; printed publications, namely, catalogues in the field of fashion, lifestyle and travel; containers made of paper ] |
| Pseudo Mark | SWIM AND WEAR |
| Goods and Services | [ Perfumes; eau de toilette; air fragrancing preparations; room scenters, namely, scented room sprays, room fragrances; perfumery; cosmetics; make-up; sun creams; lotions and preparations for sun tanning; after-sun creams; soaps and detergents; cosmetic creams; beauty creams for body care; facial cleansers; lotions for cosmetic purposes; hair care and cleaning preparations; hair lotions; essential oils and aromatic extracts, namely, aromatic oils; extract of perfumes, namely, perfumed extracts for tissues and perfumes; fragrances; scented body lotions and creams; perfumed lotions, namely, scented body lotions, aromatic preparations in the nature of lotions ] |
| Goods and Services | [ Jewellery; costume jewellery and plastic jewellery; precious stones; horological and chronometric instruments; precious metals and their alloys; rings; cuff links; bracelets; bangles; watches; watch straps; key rings of previous metal; charms; necklaces; pendants; tie clips; medallions; earrings; jewellery ornaments; watch cases being parts of watches, cases adapted for holding watches; jewellery cases; tie pins; pins being jewellery ] |
| Goods and Services | footwear; headgear, namely, caps, headbands; shirts; t-shirts; sweaters; neck scarves; shawls; bandanas; gloves; neckerchiefs; kerchiefs; neckties; bermuda shorts; shorts; combinations; berets; hats; visors; jackets; skirts; trousers; dresses; suits; polo shirts; undershirts; sports jerseys; gilets; raincoats; overcoats; coats; furs, namely, fur coats, fur muffs, fur hats, fur jackets; heavy jackets; blousons; knitwear, namely, shirts, pants, dresses, coats, jackets, skirts; clothing of leather and imitation of leather, namely, shirts, pants, dresses, coats, jackets, skirts; bathing suits; bath robes; pyjamas; underwear; belts; clothing for sports, namely, shirts, pants; shoes; sneakers; sport shoes; boots; slippers; socks |
| Indication of Colors claimed | The color(s) blue, orange, dark green, red, dark blue, light blue, fuchsia, yellow and light green is/are claimed as a feature of the mark. |
| Goods and Services | [ Household linen; bed linen; fabric diapered linen; sheets, namely, bed sheets, sheets sets, bath sheets; fabric, namely, acrylic fabrics, cashmere fabric, cotton fabric, denim fabric, silk fabrics, fabrics for textile use and textile fabrics for use in making clothing and household furnishing; bed covers; bath towels; beach towels; bath linen, except clothing; bed throws; pillowcases; plastic and textile table covers; curtains ] |
| Goods and Services | [ Furniture; easy chairs; coat racks; garden furniture; cupboards; beds; armchairs; filing cabinets; desks; chairs; mirrors; dining tables; sofas; picture frames ] |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Friday, March 15, 2024 |
| Primary Code | 003 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Friday, March 15, 2024 |
| Primary Code | 009 |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Friday, March 15, 2024 |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Friday, March 15, 2024 |
| Primary Code | 016 |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Friday, March 15, 2024 |
| Primary Code | 018 |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Friday, March 15, 2024 |
| Primary Code | 020 |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Friday, March 15, 2024 |
| Primary Code | 024 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, July 1, 2016 |
| Primary Code | 025 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 028 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. |
| US Class Codes | 022, 023, 038, 050 |
| Class Status Code | G - NOT AVAILABLE |
| Class Status Date | Friday, March 15, 2024 |
| Primary Code | 028 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | LUIGI FEDELI E FIGLIO S.R.L. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | Monza (MB) I-20900 IT |
| Party Name | LUIGI FEDELI E FIGLIO S.R.L. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | IT |
| Party Name | LUIGI FEDELI E FIGLIO S.R.L. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | IT |
| Event Date | Event Description |
| Thursday, June 30, 2016 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, July 1, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, July 1, 2016 | ASSIGNED TO EXAMINER |
| Tuesday, July 5, 2016 | APPLICATION FILING RECEIPT MAILED |
| Thursday, July 7, 2016 | NON-FINAL ACTION WRITTEN |
| Friday, July 8, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, July 12, 2016 | REFUSAL PROCESSED BY MPU |
| Tuesday, July 12, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, July 29, 2016 | REFUSAL PROCESSED BY IB |
| Thursday, December 22, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, January 19, 2017 | ASSIGNED TO LIE |
| Monday, January 23, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, January 23, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, January 23, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, January 31, 2017 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, February 15, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, February 15, 2017 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, February 15, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Friday, March 3, 2017 | NOTIFICATION PROCESSED BY IB |
| Tuesday, March 7, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, March 7, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, May 23, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, August 23, 2017 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Friday, September 1, 2017 | FINAL DISPOSITION PROCESSED |
| Friday, September 1, 2017 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, October 20, 2017 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Monday, May 23, 2022 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Monday, April 10, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Thursday, June 29, 2023 | TEAS SECTION 71 RECEIVED |
| Friday, September 22, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Monday, March 11, 2024 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Friday, March 15, 2024 | REGISTERED - PARTIAL SEC 71 ACCEPTED |
| Friday, March 15, 2024 | NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED |
| Saturday, November 16, 2024 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Sunday, December 8, 2024 | INVALIDATION PROCESSED |
| Sunday, December 8, 2024 | PARTIAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Saturday, January 4, 2025 | PARTIAL INVALIDATION PROCESSED BY THE IB |