| Serial Number | 87937265 |
| Word Mark | UPSELL DIRECT THE FUTURE OF E-COMMERCE IS HERE |
| Filing Date | Friday, May 25, 2018 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, June 23, 2020 |
| Registration Number | 6086217 |
| Registration Date | Tuesday, June 23, 2020 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, July 16, 2019 |
| Description of Mark | The mark consists of the wording "UPSELL DIRECT" with "UPSELL" in blue and "DIRECT" in teal. There is a blue and teal angular shape above the "U" and teal semi-circular shapes of decreasing size emanating from the upper right sides of the angular shape and the "D". The wording "THE FUTURE OF E-COMMERCE IS HERE" is in dark blue directly underneath. The color white in the mark represents background, outlining, and/or transparent areas and is not a feature of the mark. |
| Goods and Services | Blank near field communication (NFC) tags; Near field communication (NFC) tags for providing advertising information, enabling purchase of goods and/or services, and accessing e-commerce sites and platforms; Blank near field communication tags; Near field communication (NFC) cards, namely, smart cards; Near field communication chips, namely, encoded electronic chip cards for identifying particular users of the smart cards; Near field communication (NFC) devices, namely, smart cards and smart card readers; Downloadable software that allows consumers to access e-commerce applications and websites using near field communication tags; Downloadable software for accessing, browsing and searching online databases in the fields of e-commerce, mobile, commerce, and online shopping; Download software for scanning near field communication tags, cards, and devices; Downloadable software for browsing and purchasing consumer goods featuring wish lists, favorites, alerts, schedules, fulfillment options, chat messages, virtual shopping carts, and digital point of sale displays; Mobile applications for e-commerce, mobile commerce, and online shopping, namely, downloadable software for browsing and purchasing consumer goods |
| Indication of Colors claimed | The color(s) teal, blue, and dark blue is/are claimed as a feature of the mark. |
| Goods and Services | Advertising and promotion services and related consulting; Marketing consulting services; Development, preparation and design of customized promotions for business, customized advertising campaigns, and customized marketing campaigns, all for others; Direct marketing services; Advertising and marketing; Development of marketing strategies and concepts; Providing a website featuring an online marketplace for exchanging goods and services with other users featuring wish lists, favorites, alerts, schedules, fulfillment options, chat messages, virtual shopping carts, and digital point of sale displays |
| NOT AVAILABLE | "UPSELL DIRECT" |
| Goods and Services | Software as a service featuring software for use with near field communication tags in the fields of e-commerce, mobile commerce, and online shopping for browsing and purchasing consumer goods; Platform as a service featuring computer software platforms for use with near field communication tags in the fields of e-commerce, mobile commerce, and online shopping for browsing and purchasing consumer goods; Application service provider featuring software for use with near field communication tags in the fields of e-commerce, mobile commerce, and online shopping for browsing and purchasing consumer goods; Providing on-line non-downloadable software for browsing and purchasing consumer goods via e-commerce, mobile commerce, and online shopping featuring wish lists, favorites, alerts, schedules, fulfillment options, chat messages, virtual shopping carts, and digital point of sale displays; Providing temporary use of a web-based software application that allows consumers to access e-commerce applications and websites using near field communication tags; Providing temporary use of a web-based software application featuring software for accessing, browsing and searching online databases in the fields of e-commerce, mobile commerce, and online shopping; Providing a website featuring on-line non-downloadable software for browsing and purchasing consumer goods featuring wish lists, favorites, alerts, schedules, fulfillment options, chat messages, virtual shopping carts, and digital point of sale displays |
| 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 | Sunday, June 3, 2018 |
| Primary Code | 009 |
| First Use Anywhere Date | Friday, April 20, 2018 |
| First Use In Commerce Date | Friday, April 20, 2018 |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Sunday, June 3, 2018 |
| Primary Code | 035 |
| First Use Anywhere Date | Friday, April 20, 2018 |
| First Use In Commerce Date | Friday, April 20, 2018 |
| 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 | Sunday, June 3, 2018 |
| Primary Code | 042 |
| First Use Anywhere Date | Friday, April 20, 2018 |
| First Use In Commerce Date | Friday, April 20, 2018 |
| Party Name | UPSELL DIRECT LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Williston, VT 05495 |
| Party Name | UPSELL DIRECT LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Williston, VT 05495 |
| Party Name | UPSELL DIRECT LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Williston, VT 05495 |
| Event Date | Event Description |
| Monday, September 10, 2018 | ASSIGNED TO EXAMINER |
| Tuesday, May 29, 2018 | NEW APPLICATION ENTERED |
| Sunday, June 3, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, June 5, 2018 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Saturday, September 15, 2018 | NON-FINAL ACTION WRITTEN |
| Saturday, September 15, 2018 | NON-FINAL ACTION E-MAILED |
| Saturday, September 15, 2018 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, March 1, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, March 1, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Saturday, March 2, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, April 4, 2019 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, April 15, 2019 | FINAL REFUSAL WRITTEN |
| Wednesday, May 22, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, April 15, 2019 | FINAL REFUSAL E-MAILED |
| Monday, April 15, 2019 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, May 22, 2019 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Thursday, May 23, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, May 24, 2019 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, May 24, 2019 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Friday, May 24, 2019 | EXAMINERS AMENDMENT E-MAILED |
| Friday, May 24, 2019 | EXAMINER'S AMENDMENT ENTERED |
| Friday, May 24, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, June 7, 2019 | ASSIGNED TO LIE |
| Tuesday, July 16, 2019 | PUBLISHED FOR OPPOSITION |
| Tuesday, July 16, 2019 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, September 10, 2019 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Wednesday, June 26, 2019 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Friday, February 7, 2020 | USE AMENDMENT FILED |
| Friday, February 7, 2020 | TEAS STATEMENT OF USE RECEIVED |
| Friday, February 28, 2020 | STATEMENT OF USE PROCESSING COMPLETE |
| Tuesday, March 10, 2020 | SOU TEAS EXTENSION RECEIVED |
| Wednesday, March 11, 2020 | SOU EXTENSION 1 GRANTED |
| Wednesday, April 22, 2020 | NON-FINAL ACTION E-MAILED |
| Wednesday, April 22, 2020 | SU - NON-FINAL ACTION - WRITTEN |
| Friday, February 28, 2020 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Tuesday, March 10, 2020 | SOU EXTENSION 1 FILED |
| Wednesday, April 22, 2020 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Saturday, April 25, 2020 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Monday, May 18, 2020 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Tuesday, May 19, 2020 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED |
| Tuesday, June 23, 2020 | REGISTERED-PRINCIPAL REGISTER |
| Monday, June 23, 2025 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |