| Serial Number | 79975297 |
| Word Mark | THE UPSIDE |
| Filing Date | Wednesday, November 21, 2012 |
| Status | 739 - Section 71 & 15 - ACCEPTED AND ACKNOWLEDGED |
| Status Date | Wednesday, February 19, 2025 |
| Registration Number | 4582431 |
| Registration Date | Tuesday, August 12, 2014 |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, May 27, 2014 |
| Goods and Services | [ Sunglasses, spectacles, frames for spectacles and sunglasses, binoculars; cases for sunglasses and spectacles; cords for sunglasses and spectacles; pre-recorded CD's, DVD's and flash drives, all featuring content and information relating to yoga, fitness, health, sport and fashion; electrical and electronic apparatus, namely, sensors for scientific use to be worn by a human to gather human biometric data; MP3 players; headphones and ear plugs for attachment to electric apparatus for playing music; ] Downloadable electronic publications in the nature of catalogues, brochures, journals, periodicals and books in the field of yoga, fitness, health, sport and fashion [ ; protective clothing, protective headgear and protective footwear, namely, protective helmets; swimming goggles ] |
| Goods and Services | [ Backpacks, rucksacks, ] duffel bags, overnight bags, [ luggage, ] wallets, purses, [ umbrellas, suitcases, and ] bags in the nature of travel bags, tote bags, daypacks, shoulder bags, travel packs, school packs, [ briefcases, toiletry bags sold empty, waist bags and ] bags for sports [ ; accessories in this class for the aforesaid goods, namely, luggage tags and straps for luggage ] |
| Goods and Services | [ Sporting products, namely, body training apparatus and weight lifting machines for exercising and strengthening various parts of the body, namely, chest, back, shoulders, arms, abdominals and legs; gymnastic products, namely, balance beams, pommel horses and climbing frames; yoga equipment, namely, yoga blocks and stretch bands for use with yoga; surf craft, balls for sport; bags specifically designed for sporting equipment ] |
| Goods and Services | [ Yoga mats ] |
| Goods and Services | [ Printed materials, namely, books, booklets, posters, calendars, and diaries, all of the foregoing in the field of yoga, fitness, health, sport and fashion; photographs, postcards, and ] greeting cards; [ instructional and teaching materials and manuals in the field of yoga, fitness, health, sport and fashion; ] adhesives, namely, [ adhesive notepads, adhesive address labels, ] adhesive stickers [, and adhesives for stationery purposes; decals ] ; gift wrapping paper [ ; stationery ] |
| Goods and Services | [ Cosmetics, beauty products and skin care products, namely, skin moisturising creams and lotions, anti-wrinkle creams and lotions, lanolin based creams and lotions, and emu oil based creams and lotions; sunscreens and sun protection creams and lotions; lip balms; lipsticks; soaps, bath soaps and moisturizing soaps; shampoos, hair conditioners, hair lotions, hair gels and hair creams; essential oils, namely, primrose oil, jojoba oil, eucalyptus oil and tea-tree oil; perfumery and eau de cologne; after shave creams and lotions; bath oils and bath salts; talcum powder; toothpastes and dentifrices; toiletries, namely, deodorants and mouthwashes; tissues and wipes impregnated with cosmetic lotions or perfumed preparations ] |
| Goods and Services | Clothing for men, women, children and infants, namely, T-shirts, shirts, blouses, singlets, shorts, board shorts, trousers, [ jeans, ] pants, leggings, jackets, hooded sweatshirts, skirts, dresses, sweaters, raincoats, [ socks, underwear, sleepwear] and lingerie; swimwear, namely, swimming costumes, bikinis and rash shirts; wetsuits, [ wetsuit booties, wetsuit gloves, wetsuit hoods and wetsuit vests; footwear, namely, shoes, boots, thongs, sandals and socks; ] headgear, namely, sun visors, [ beanies, caps, ] and caps [ for surfing; accessories in this class for clothing, footwear and headgear, namely, belts and neckties; swimming caps ] |
| Goods and Services | Retail store, online retail store, [ and wholesale store ] services relating to clothing, swimwear, [ sleepwear, ] underwear, lingerie, [ footwear, ] headgear, sporting goods,[ recreational goods, exercise equipment, yoga mats, yoga equipment, cosmetics, soaps, perfumery, body care preparations, hair care preparations, pushbikes, games, playthings, sunglasses, jewellery, wristbands, precious stones, watches, stationery, magazines, electronic magazines provided online, journals, electronic journals provided online, books, electronic books provided online, calendars, diaries, greeting cards, posters, luggage, backpacks, rucksacks, ] bags, [ giftware, ] homewares [, furniture, furnishings, bedding, cutlery, crockery, glassware, coffee mugs, candles, towels, tea towels, umbrellas, camping equipment, rugs, mats, yarns, threads, herbal teas, coffee, beverages, non-alcoholic beverages, health foods and snack foods; marketing and advertising services; consultation, advisory and information services in relation to the aforementioned services ] |
| International Class | 027 - Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). |
| US Class Codes | 019, 020, 037, 042, 050 |
| Class Status Code | G - NOT AVAILABLE |
| Class Status Date | Thursday, November 19, 2020 |
| Primary Code | 027 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Thursday, November 19, 2020 |
| 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 | 6 - Active |
| Class Status Date | Wednesday, September 4, 2013 |
| Primary Code | 009 |
| 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 | Wednesday, September 4, 2013 |
| 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 | 6 - Active |
| Class Status Date | Wednesday, September 4, 2013 |
| Primary Code | 018 |
| 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 | Wednesday, September 4, 2013 |
| 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 | Thursday, November 19, 2020 |
| Primary Code | 028 |
| 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 | 6 - Active |
| Class Status Date | Wednesday, September 4, 2013 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | The Upside Corporation Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | New South Wales 2010 AU |
| Party Name | Kashmeares Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | Cootamundra NSW 2590 AU |
| Party Name | Kashmeares Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | Cootamundra NSW 2590 AU |
| Event Date | Event Description |
| Wednesday, September 4, 2013 | ASSIGNED TO EXAMINER |
| Thursday, August 29, 2013 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Tuesday, September 3, 2013 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| Wednesday, September 4, 2013 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, September 10, 2013 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, September 11, 2013 | NON-FINAL ACTION WRITTEN |
| Thursday, September 12, 2013 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, September 12, 2013 | REFUSAL PROCESSED BY MPU |
| Thursday, September 12, 2013 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, September 30, 2013 | REFUSAL PROCESSED BY IB |
| Wednesday, March 12, 2014 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, March 11, 2014 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, March 11, 2014 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, March 12, 2014 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, March 12, 2014 | TEAS REQUEST TO DIVIDE RECEIVED |
| Thursday, March 13, 2014 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Thursday, March 13, 2014 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, April 23, 2014 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, March 12, 2014 | DIVISIONAL REQUEST RECEIVED |
| Friday, March 14, 2014 | DIVISIONAL PROCESSING COMPLETE |
| Friday, March 14, 2014 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, March 14, 2014 | EXAMINERS AMENDMENT E-MAILED |
| Friday, March 14, 2014 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Friday, March 14, 2014 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, March 18, 2014 | NOTICE OF DIVIDED TRADEMARK APPLICATION MAILED |
| Tuesday, April 1, 2014 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, April 23, 2014 | ASSIGNED TO LIE |
| Tuesday, January 27, 2015 | GENERIC MADRID TRANSACTION CREATED |
| Wednesday, May 7, 2014 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, May 7, 2014 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, May 7, 2014 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Friday, May 23, 2014 | NOTIFICATION PROCESSED BY IB |
| Tuesday, May 27, 2014 | PUBLISHED FOR OPPOSITION |
| Tuesday, May 27, 2014 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, August 12, 2014 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, August 28, 2014 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Wednesday, November 12, 2014 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, January 27, 2015 | GENERIC MADRID TRANSACTION SENT TO IB |
| Friday, February 13, 2015 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Friday, March 6, 2015 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, May 7, 2015 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Monday, August 12, 2019 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Wednesday, October 9, 2019 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Wednesday, June 24, 2020 | TEAS SECTION 71 RECEIVED |
| Tuesday, November 17, 2020 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Thursday, November 19, 2020 | NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED |
| Thursday, November 19, 2020 | REGISTERED - PARTIAL SEC 71 ACCEPTED |
| Monday, July 19, 2021 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, October 28, 2022 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Friday, October 28, 2022 | REGISTERED-SEC.71 ACCEPTED |
| Friday, October 28, 2022 | NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED |
| Saturday, December 10, 2022 | INTERNATIONAL REGISTRATION RENEWED |
| Wednesday, June 28, 2023 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Saturday, August 12, 2023 | COURTESY REMINDER - SEC. 71 (10-YR) E-MAILED |
| Thursday, August 8, 2024 | TEAS SECTION 71 & 15 RECEIVED |
| Sunday, February 9, 2025 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Wednesday, February 19, 2025 | REGISTERED - SEC. 71 ACCEPTED & SEC. 15 ACK. |
| Wednesday, February 19, 2025 | NOTICE OF ACCEPTANCE OF SEC. 71 & 15 - E-MAILED |