| Serial Number | 79203046 |
| Word Mark | THE:5TH |
| Filing Date | Tuesday, July 12, 2016 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, March 29, 2024 |
| Registration Number | 5283275 |
| Registration Date | Tuesday, September 12, 2017 |
| Mark Drawing | 5 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, June 27, 2017 |
| Description of Mark | The mark consists of the stylized wording "THE:5TH". |
| Goods and Services | Spectacles; spectacle frames; lenses for sunglasses; protective glasses; contact lenses; sports eyewear; mobile telephones; cases for mobile phones; downloadable electronic publications, namely, articles in the field of fashion |
| Goods and Services | Boxes of leather or imitation leather; travel bags; leather travel sets being luggage and suitcases; trunks and suitcases; garment bags for travel purposes; unfitted vanity cases; sports bags, backpacks, handbags; attache cases; briefcases; business cases; wallets; change purses; leather key cases; card wallets; umbrellas |
| Goods and Services | Paper and cardboard; printed materials, namely, non-magnetically coded discount cards, greeting cards, and advertising cards promoting competitions; stationery; photographs; adhesives for stationery and household purposes; plastic materials for packaging, namely, padded mailing envelopes; pencil cases; notebooks; address books; pencil sharpeners; sketch books; sketch pads; desk sets; folios being folders; blank journals; diaries; organisers for stationery use; filing products in this class, namely, expanding files, document folders in the form of wallets; art folios being folders; gift boxes; storage boxes of cardboard; photo albums; all paper stationery |
| Pseudo Mark | THE: FIFTH |
| Goods and Services | Precious metals and their alloys and goods in precious metals and coated therewith, namely jewellery and watches; cuff-links, tie clips, rings, bracelets, earrings, necklaces, brooches; watches, chronometers, clocks, watch straps, watch bracelets, boxes of precious metals for watches and jewellery |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Advertising; business management; business administration and office functions; retail, wholesale and online store services featuring watches; information advisory and consultancy services in relation to the aforementioned |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, March 29, 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, March 29, 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, March 29, 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, March 29, 2024 |
| Primary Code | 018 |
| 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, March 29, 2024 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | The Fifth View Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | The Fifth View Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | The Fifth View Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Event Date | Event Description |
| Thursday, March 9, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, March 13, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, March 13, 2017 | ASSIGNED TO EXAMINER |
| Tuesday, March 14, 2017 | NON-FINAL ACTION WRITTEN |
| Wednesday, March 15, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, March 15, 2017 | REFUSAL PROCESSED BY MPU |
| Wednesday, March 15, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, March 17, 2017 | APPLICATION FILING RECEIPT MAILED |
| Sunday, April 2, 2017 | REFUSAL PROCESSED BY IB |
| Wednesday, April 26, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, April 26, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, April 27, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, May 17, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, May 17, 2017 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, May 17, 2017 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, May 17, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, May 17, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, June 7, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, June 27, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, June 27, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, September 12, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Friday, November 24, 2017 | LIMITATION OF GOODS RECEIVED FROM IB |
| Tuesday, December 12, 2017 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Wednesday, December 20, 2017 | LIMITATION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Wednesday, December 20, 2017 | FINAL DISPOSITION PROCESSED |
| Thursday, December 21, 2017 | FINAL DISPOSITION NOTICE SENT TO IB |
| Saturday, January 27, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, February 14, 2020 | NEW REPRESENTATIVE AT IB RECEIVED |
| Monday, September 12, 2022 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, March 29, 2024 | CANCELLED SECTION 71 |
| Saturday, November 30, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Saturday, January 4, 2025 | INVALIDATION PROCESSED |
| Sunday, January 5, 2025 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Friday, January 24, 2025 | TOTAL INVALIDATION PROCESSED BY THE IB |