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OCTONAUTS ABOVE & BEYOND
Live/Pending
RESPONSE AFTER NON-FINAL ACTION - ENTERED

final action

on 03 Apr 2024

Last Applicant/ Owned by

Vancouver

British Columbia

CA

V6P 2E3

Serial Number

97357684 filed on 11th Apr 2022

Registration Number

N/A

Correspondent Address

Lawrence E. Apolzon

FROSS ZELNICK LEHRMAN & ZISSU, P.C.

151 WEST 42ND ST., 17TH FL.

NEW YORK,NY 10036

Filing Basis

1. intent to use

2. intent to use current

Disclaimer

NO DATA

OCTONAUTS ABOVE & BEYOND

The color(s) white, orange, light blue, blue, dark blue, and blue-green is/are claimed as a feature of the mark. Clothing, namely, costumes for use in children's dress up play; footwear; headwear; clothing for men, women and children, namely, shirts, t-shirts, sweatshirts, jogging suits, trousers, jeans, pants, shorts, tank tops, rainwear, cloth bibs, skirts, blouses; clothing, namely, dresses, sRead More

Classification Information


Class [041]
Education and Entertainment Services


Education services, namely, providing classes, workshops, seminars in the field of children's entertainment and education; providing of training in the field of children's entertainment and education; entertainment information; entertainment services, namely, organizing sporting and cultural activities; entertainment services in the nature of live-action, comedy, drama and/or animated television programmes; production of live-action, comedy, drama and/or animated television programmes; theatrical performances both animated and live action; video and audio recording production and recitals, namely, production of sound and music video recordings, namely, magazine publishing, book publishing, newspaper publishing and music publishing; publication and distribution of printed media and video and sound recordings featuring children's educational and entertainment content; publication of sheet music; production and distribution of radio and television shows and programmes; radio production services; curating music, namely, selection and compilation of pre-recorded music for broadcasting by others; production and distribution of films and music recordings; arranging and conducting exhibitions, shows and tours, all for entertainment purposes; production of animated and live action programmes; recording studio services; production of recorded music and audio story books; education and entertainment services provided via a global computer network in the nature of providing information relating to education and entertainment provided on-line from a computer database or the internet; electronic games services provided via a global computer network; providing on-line non-downloadable and non-streamable publications in the nature of books, magazine, journals, almanacs in the field of children's entertainment and education; on-line non-downloadable publications in the nature of electronic books and journals in the field of children's entertainment and education; entertainment services, namely, providing interactive non-downloadable multi-player computer games via the Internet and electronic communication networks; organisation and conduct of entertainment, games and sports competitions, namely, multi-player gaming experiences online and in person including e-sports competitions, field day events, live action role playing events; provision of recreational facilities and services, namely, e-sports competitions, field day events, live action role playing events, play grounds, nature conservatories, botanical gardens; amusement park and theme park services; outdoor and indoor live events, namely theatre productions, musical theatre productions, plays, music festivals, concerts, musical performances, comedy performances, organizing cultural and arts events, dance events, sports events, live action role playing events, Meet and Greet experiences; entertainment services, namely, non-downloadable ringtones, and computer screensaver graphics presented to mobile communications devices via a global computer network and wireless networks; publication of printed matter relating to the aforesaid services; information and advisory services relating to the aforesaid, including such services provided on-line from a computer network or via the Internet; online, non-downloadable streamable electronic publications, in the nature of books, journals, periodicals, comics periodicals, comics in the field of children's entertainment and education; online, non-downloadable streamable digital music, provided from the Internet; online, non-downloadable streamable digital music, provided from MP3 Internet web sites

Class [028]
Toys and Sporting Goods Products


Games and playthings, namely, playsets buildings, role playing toys in the nature of play sets for children to imitate real life occupations, role playing toys in the nature of playsets for fantasy games, fantasy role playing games, Inflatable air mattress for recreational use, novelty toy items in the nature of generating lighting effects and patterns; gymnastic and sporting articles, namely, sport balls, sport rackets, sport bats, sport gloves, shuttlecocks; decorations for Christmas trees; toys and sporting goods, namely, action figures and accessories therefor; plush toys; balloons; bathtub toys; ride-on toys; ride-on toy vehicles, playing cards; toy vehicles; dolls; flying discs; stand alone video output game machines; coin or counter operated arcade games; pinball game machines; electronic hand-held game units; game equipment sold as a unit for playing a board game, a card game, a manipulative game, a parlor game, a parlor-type computer game, an action type target game; jigsaw and manipulative puzzles; board games; play costumes and costume masks; water squirting toys; balls, namely, playground balls, soccer balls, baseballs, basketballs; baseball gloves; surfboards; play swimming pools; swimming floats for recreational use; kickboard flotation devices for recreational use; swim boards for recreational use; swim fins; toy zip guns; toy bakeware and toy cookware; toy banks; toy snow globes; console video games; inflatable toys; outdoor toys, namely, scooters, toy torches, toy camping equipment, namely, play tents; toy cameras; radio controlled toy model cars; playing cards; coin or counter-feed games; amusement machines, confetti; paper streamers

Class [025]
Clothing Products


Clothing, namely, costumes for use in children's dress up play; footwear; headwear; clothing for men, women and children, namely, shirts, t-shirts, sweatshirts, jogging suits, trousers, jeans, pants, shorts, tank tops, rainwear, cloth bibs, skirts, blouses; clothing, namely, dresses, suspenders, sweaters, jackets, coats, raincoats, snow suits, ties, robes, hats, caps, sun visors and swimming caps, belts, scarves, sleepwear, pyjamas, lingerie, underwear; boots, shoes, sneakers, sandals; booties, slipper socks; swimwear and swimming costumes; masquerade costumes, including fancy dress costumes; sun visors being headwear

Class [016]
Paper Goods and Printed Material


Bookbinding materials for creating hardcover books, namely, book covers, crack-and-peel binding paper, reinforcement strips, peel-and-stick labels, stapler and staples; printed photographs; stationery; adhesives for stationery or household purposes; artists' materials, namely, paint brushes, art pads; paint brushes; typewriters, printed instructional and teaching material, except apparatus, in the field of children's entertainment and education; plastic materials for packaging, namely, plastic films for wrapping and packaging; printers' type; printing blocks; printed matter and paper goods, namely, printed artwork publications, in the nature of books, magazines, journals, periodicals, comics, activity books, pop-up books, bath books in the field of children's entertainment and education; printed books featuring characters from animated, action, adventure, comedy and/or drama features; printed comic books, printed children's books, printed magazines featuring characters from animated, action, adventure, comedy and/or drama features; printed colouring books, printed children's activity books; printed booklets in the field of children's entertainment and education; stationery, writing paper, wrapping paper, gift tags, envelopes, printed notebooks, photo albums, event albums, sticker albums, albums for stamps, albums for collectable trading cards, scrapbook albums, printed almanacs; printed autograph books, printed address books, printed calendars, printed diaries, printed note cards; printed greeting cards, printed trading cards; lithographs; pens, pencils, cases therefor, erasers, crayons, markers, coloured pencils, painting sets, chalk and chalkboards; pencil holders; pencil sharpeners; impression stamps; decals, heat transfers paper; printed posters and postcards; mounted and /or unmounted printed photographs; book covers, book markers, printed calendars, gift wrapping paper; paper party decorations, namely, paper napkins, paper coasters, paper doilies, paper place mats, crepe paper, paper invitations, paper table cloths, paper cake decorations; printed transfers for embroidery or fabric appliques; printed sewing patterns for costumes, pyjamas, sweatshirts and t-shirts; printed dress making patterns; printed embroidery design patterns; framed art pictures; art papers; stickers, paper banners; printed maps, charts and guides for camping and navigating; plastic bags for disposable nappies; bags made of paper or plastic for packaging; bottle wrappers of cardboard or paper; boxes of paper or cardboard; cardboard cartons; printed blank note cards, Christmas cards, gift cards, printed greeting cards, printed note cards; printed flash cards; printed trivia cards, and printed trading cards; book bindings cloth; paper coasters; face towels of paper; papier-mâché figurines; modeling clay; modeling materials for use by children; paper flags; printed tickets; tissue paper; toilet paper; printed personal organizers

Class [009]
Computer & Software Products & Electrical & Scientific Products


Photographic and cinematographic apparatus and instruments, namely, photographic cameras; apparatus for recording, transmission or reproduction of sound or images; blank magnetic data carriers, recording discs; data processing equipment and computers; downloadable computer software and computer hardware for playing computer games with educational purposes; sound recordings in the form of phonograph records, discs, CDs, CD-ROMs, laser discs and tapes featuring children's entertainment, adventure and animated programs; video recordings featuring music and children's educational and entertainment content, in the form of discs, DVDs, and tapes; video and audio cassettes and video and audio cartridges containing video and sound recordings featuring children's entertainment, adventure and animated programs; cinematographic films, television films, downloadable television and radio programmes and downloadable advertisements featuring children's entertainment, adventure and animated programs; education and teaching apparatus and instruments, namely, digital video discs drives and prerecorded digital video disks featuring children's entertainment and education, digital versatile disc player, digital media, namely, downloadable audio and video recordings, featuring and promoting children's entertainment and education, pre-recorded DVDs featuring children's entertainment and education, phonograph records featuring children's entertainment and education, phonograph record players and phonograph record sleeves, pre-recorded CDs featuring children's entertainment and education, CD-ROM drives, laser discs featuring children's entertainment and education, audio tapes featuring music and video tapes featuring children's entertainment and education, high definition digital discs featuring children's entertainment and education; computer games tapes; calculators; downloadable computer software for the display organisation, transmission, reception or searching of educational or entertainment information; downloadable interactive entertainment video games for use with television receivers; apparatus, instruments and media for recording, reproducing, carrying, storing, processing, manipulating, transmitting, broadcasting, retrieving and reproducing music, sounds, images, text, signals, software, information, data and code, namely, apparatus for transmission of communication; apparatus and instruments for retrieving and reproducing music, sounds, images, text, signals, software, information, data and code provided by telecommunications networks, by online delivery and by way of the Internet and the world wide web, namely, video transmission apparatus, apparatus for transmitting and reproducing sound or images, computer hardware and computer peripheral devices; multimedia apparatus and instruments, namely, multimedia projectors; electronic, magnetic and optical credit, identity and/or membership cards; electronic publications, downloadable, in the nature of books, magazines, journals, periodicals, comics periodicals, comics and almanacs in the field of children's entertainment and education; downloadable interactive computer software for playing computer games with educational purposes; apparatus for searching electronic information from a global computer network or the Internet, namely, computers; downloadable computer programs, namely, software linking digitised video and audio media to a global computer information network; downloadable arcade games adapted for use with television receivers only; CD-ROM computer games discs; downloadable video and computer game programs; video game discs; digital music, downloadable, provided from the Internet; digital music, downloadable, provided from MP3 Internet web sites; MP3 players; pre-recorded vinyl records featuring music; prerecorded digital versatile discs featuring music, comedy, drama, action, adventure, and/or animation; stereo headphones; prerecorded short motion picture film cassettes featuring comedy, drama, action, adventure and/or animation to be used with hand-held viewers or projectors; audio cassette recorders and players; video cassette recorders and players, compact disc players, digital versatile disc recorders and players, digital audio tape recorders and players, electronic diaries; radios; mouse pads; sunglasses, eyeglasses, and cases and bags adapted therefor; cameras, camera accessories, namely, camera cases; safety apparatus and appliances, all for protection against accident or injury, namely, bicycle helmets; swimming aids, namely, swimming masks, swimming goggles; snorkels; navigating equipment, namely, compasses; decorative magnets; downloadable screensavers, wallpapers and ringtones

Mark Details


Serial Number

No 97357684

Mark Type

No Service Mark

Attorney Docket Number

No SMLD 2202594

44D Filed

Yes

44D Current

No

44E filed

No

44E Current

No

66A Filed

No

66A Current

No

Current Basis

No

No Basis

No

Design Code(s)

01.07.02 -

Globes with meridians and parallel lines only

03.19.05 -

Snake-like fish (eels, etc), squid, octopi

03.19.23 -

03.19.24 -

Stylized fish, whales, seals and sea lions

26.01.18 -

Three or more concentric circles

26.01.21 -

Circles that are totally or partially shaded

26.11.27 -

Oblongs not being used as carriers for words, letters or designs

Description of Design Search

The mark consists of a blue globe design with a border outlined in white and blue containing light blue designs of continents, latitude, and longitude lines. Superimposed on top of the globe design is a white sign with a dark blue border containing the dark blue stylized wording "OCTONAUTS" placed beneath an orange circle containing a white octopus design with orange eyes and a mouth. Positioned below the aforementioned is the orange stylized word "ABOVE" and the white stylized character "&" stacked above the blue-green stylized wording "BEYOND" with dark blue outlining and shadowing around each wording.

Legal History


Show more

Status DateAction Taken
03rd Apr 2024TEAS/EMAIL CORRESPONDENCE ENTERED
02th Apr 2024TEAS RESPONSE TO OFFICE ACTION RECEIVED
02th Apr 2024CORRESPONDENCE RECEIVED IN LAW OFFICE
10th Jan 2024PREVIOUS ALLOWANCE COUNT WITHDRAWN
10th Jan 2024NON-FINAL ACTION WRITTEN
10th Jan 2024NON-FINAL ACTION E-MAILED
10th Jan 2024NOTIFICATION OF NON-FINAL ACTION E-MAILED
09th Jan 2024WITHDRAWN FROM PUB - OG REVIEW QUERY
27th Dec 2023EXAMINERS AMENDMENT -WRITTEN
27th Dec 2023EXAMINERS AMENDMENT E-MAILED