| Serial Number | 87693527 |
| Word Mark | THE FOAM TOOLBOX TECHNICAL FOAMS MEDICAL FOAMS POLYURETHANE GELS BERGAD SPECIALTY FOAMS |
| Filing Date | Tuesday, November 21, 2017 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, February 26, 2019 |
| Registration Number | 5683277 |
| Registration Date | Tuesday, February 26, 2019 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 11, 2018 |
| Description of Mark | The mark consists of a three-dimensional configuration comprising packaging for the goods, namely, a three dimensional configuration of a box. The box has six faces, namely, a front, a back, a first side, a second side, a top, and a bottom. Broken lines depicting the edges and shape of the box, as well as a rounded rectangular cut-out for a handle, and a handle on the top of the box indicate placement of the mark on the goods and are not part of the mark. An exterior surface of the box is a blue color with a plurality of darker blue irregularly colored areas across portions of the exterior surface along the edges of the box simulating dirt or wear marks on the exterior surface. On the top of the box, a pair of largely circular brown rings and irregularly shaped brown marks are on a right side of the top. A yellow square with a lowermost upturned left corner shows a capital letter B in yellow overlaying three overlapping dark blue, light blue and brown hexagons next to the word "BERGAD" in dark blue lowercase lettering. The phrase "SPECIALTY FOAMS" in brown capital lettering is positioned below the word "BERGAD". The front, back, first side, and second side of the box are marked with a continuous horizontal line spanning the four faces of the box and visually delineating an upper lid portion and a lower storage portion, with the upper lid portion being approximately one third of the size of the lower storage portion of the box. The front of the box has a pair of spaced-apart silver latches across the horizontal line. Below the latches and the horizontal line is a rectangle sectionalized into four equal parts depicting four drawer faces with silver metal handles extending an entire length of the drawers. Each drawer face below the metal handle has an irregular rectangular piece of yellow masking tape spanning the drawer length. A top drawer face piece of masking tape is blank. The piece of masking tape on the drawer face immediately below the top drawer is printed with the brown phrase "TECHNICAL FOAMS" in a first uppercase hand printed lettering. The piece of masking tape on the drawer front immediately below this is printed with the brown phrase "MEDICAL FOAMS" in a second uppercase hand printed lettering. The piece of masking tape on the drawer front immediately below this is printed with the brown phrase "POLYURETHANE GELS" in a third lowercase hand printed lettering. Above the horizontal line on a right upper side of the front of the box are the words "THE FOAM TOOL BOX" in uppercase block lettering printed in white on a dark blue rectangular base with a white ornamental border having a shadow effect along a right and bottom sides of the rectangular base. To a left side of a center line of the front of the box is an irregularly shaped white circle bearing a capital letter B in white overlaying three overlapping dark blue, light blue and brown hexagons next to the word "BERGAD" in dark blue lowercase lettering. The phrase "SPECIALTY FOAMS" in brown capital lettering is positioned below the word "BERGAD". Brown marks are positioned along the circle's edge and diagonally across a lower portion of the circle across the word "FOAMS" and the letters "TY" of "SPECIALITY" and "D" of "BERGAD". On the back of the box, a silver piano hinge covers the horizontal dividing line. On the first side of the box is a same irregularly shaped and colored circle as appears on the front of the box. On the second side of the box is a rectangle with a largely white background color bearing a capital letter B in white overlaying three overlapping dark blue, light blue and brown hexagon shapes next to the word "BERGAD" in dark blue lowercase lettering. The phrase "SPECIALTY FOAMS" in brown capital lettering is positioned below the word "BERGAD". |
| Goods and Services | polyurethane foam and gel in sheet, block, and brick form for use in mattress surfaces, seating cushions, medical and dental devices, consumer products, apparel, toys, industrial applications; polyurethane foam for sound insulation; polyurethanes for use in the manufacture of foams, gels, membranes, and packaging; polyurethane foam and gel for electronics |
| Indication of Colors claimed | The color(s) blue, yellow, silver, brown and white is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "FOAM TOOLBOX TECHNICAL FOAMS MEDICAL FOAMS POLYURETHANE GELS SPECIALTY FOAMS" |
| International Class | 017 - Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. |
| US Class Codes | 001, 005, 012, 013, 035, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, December 4, 2017 |
| Primary Code | 017 |
| First Use Anywhere Date | Monday, May 1, 2017 |
| First Use In Commerce Date | Monday, May 1, 2017 |
| Party Name | Bergad, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Kitanning, PA 16201 |
| Party Name | Bergad, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Kitanning, PA 16201 |
| Party Name | Bergad, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Kitanning, PA 16201 |
| Event Date | Event Description |
| Monday, February 26, 2024 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Tuesday, February 26, 2019 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, December 11, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, December 11, 2018 | PUBLISHED FOR OPPOSITION |
| Wednesday, November 21, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, October 31, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, October 31, 2018 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, October 31, 2018 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, October 31, 2018 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, October 31, 2018 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, October 4, 2018 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Tuesday, September 18, 2018 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Tuesday, September 4, 2018 | ASSIGNED TO LIE |
| Monday, August 20, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, July 23, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Sunday, July 22, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Sunday, July 22, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, March 11, 2018 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Sunday, March 11, 2018 | NON-FINAL ACTION E-MAILED |
| Sunday, March 11, 2018 | NON-FINAL ACTION WRITTEN |
| Tuesday, March 6, 2018 | ASSIGNED TO EXAMINER |
| Tuesday, December 5, 2017 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Monday, December 4, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, November 24, 2017 | NEW APPLICATION ENTERED |