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Serial Number: 75302439 Assignment Information           Trademark Document Retrieval

Registration Number: (NOT AVAILABLE)

Mark


(words only): SMILEY

Standard Character claim: No

Current Status: An opposition is now pending at the Trademark Trial and Appeal Board.

Date of Status: 2003-01-22

Filing Date: 1997-06-03

Transformed into a National Application: No

Registration Date: (DATE NOT AVAILABLE)

Register: Principal

Law Office Assigned: LAW OFFICE 106

Attorney Assigned:
KON ELISSA GARBER

Current Location: L30 -TMEG Law Office 103

Date In Location: 2007-03-01

LAST APPLICANT(S)/OWNER(S) OF RECORD
1. THE SMILEY COMPANY SPRL

Address:
THE SMILEY COMPANY SPRL
16 RUE DES TROIS ARBRES
BRUSSELS 1180
Belgium
Legal Entity Type: Limited Liability Company
State or Country Where Organized: Belgium

GOODS AND/OR SERVICES
International Class: 016
Class Status: Active
adhesive tapes for stationery or household purposes, posters, staples for offices, photo albums, indoor aquarium, scrapbooks, slate boards for writing, engravings, lithographic prints, atlases, stickers, bibs of paper, loose-leaf binders, place mats of paper for beer glasses, price tickets, boxes of cardboard or paper, paintbrushes, blotters, rubber stamps, paper coffee filters, calendars, printing patterns, note books, business cards, postcards, tags for index cards, document files, glue for stationery or household purposes, confetti, letter trays, disposable diapers, exercise book covers, notebook covers, writing chalk, iron-on transfers and plastic transfers, decalcomanias, cotton wool pads, graphic art reproductions, adhesive tape dispensers, paper file jackets, stationery folders, flags of paper, typewriters, inkstands, writing materials, namely, slate boards, note books, post cards, address books, artists' brushes, drawing brushes, ball-point pens, anniversary books, appointment books, autograph books, baby books, sketchbooks, sketch pads, bookmarks, chalk, chalk erasers, chalkboards for school and home use, daily planners, date books, dairies, engagement books, envelopes, electric and non-electric erasers, india ink, writing ink, markers, bond paper, loose leaf paper, fountain pens, pen or pencil holders, pen or pencil trays, pencils, artists' pencils, charcoal pencils, drawing pencils, pencil leads, pencil boxes, pencil cases, pen cases, pencil sharpeners, stationary, and envelopes, and writing tablets, rubber erasers, office requisites, namely rubber bands, wrapping paper, duplicating ink, pencils, paper or cardboard sign holders, stationery envelopes, paper towels, blank or partially printed labels not of textile, announcement cards, writing paper, plastic bubble packs for wrapping or packaging, index cards, printed forms, school supplies, namely notebooks, exercise books, files, pencil cases, terrestrial globes, toilet paper, pictures, printed matter, namely magazines, lithographs, bags for microwave cooking, table linen of paper, embroidery design patterns, handkerchiefs of paper, stationery, paper stationery, paper banners, paper bags, paperweights, modelling clay, paint applicator rollers, paintings, plastic film for industrial or commercial wrapping, office perforating machines, unmounted photographs, paintbrushes, art prints, drawing boards, blueprints, printed plans, pen and pencil trays, portraits, printed publications, namely magazines, newspapers, books, booklets, manuals, in the field of art, fashion, cooking, garment, thumbtacks, ledger books, drawing rulers, bookbindings, telephone indexes, graphic art reproductions, blinds of paper, table mats of paper, plastic or paper envelopes, bags and pouches for merchandise packaging, bookends, writing pads, fountain pens, inking pads, paper or plastic transparencies
Basis: 1(b)
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

International Class: 025
Class Status: Active
clothing, namely suits, dresses, T-shirts, sweaters, sweatshirts, coats, jackets, raincoats, shorts, shirts, trousers, bathing trunks, socks, stockings, cloth bibs, berets, hosiery, boots, suspenders, pants, baseball caps, golf caps, bathing caps, athletic shoes, masquerade costumes, clothing belts, hats, babies pants, ear muffs, neckties, sashes for wear, scarves, gloves, layettes, slippers, inner soles, underwear, aprons, sportswear, namely jogging suits, training suits
Basis: 1(b)
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

International Class: 028
Class Status: Active
games, namely chess, checkers, playthings, namely toys in the nature of flying disks, skipping ropes, gymnastic and sporting articles, namely baseball bats, baseball gloves, baseballs, basketballs, bowling balls, footballs, golf balls, handballs, playground balls, billiard balls, soccer balls, tennis balls, volley balls, beach balls, racquet balls, lacrosse balls, paddle balls, rubber balls, cricket balls, field hockey balls, net balls, rugby balls, sports balls, squash balls, tether balls, bocci balls, and table tennis balls, balloons, golf clubs, boxing gloves, toys, namely dolls, jigsaw puzzles, Christmas tree ornaments except confectionery or illumination articles, face masks, costume masks, kites, exercise machines, party favors in the nature of small toys, fishing hooks, fishing tackle, play swimming pools, protective padding for playing baseball and ice hockey, parlor games
Basis: 1(b)
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

International Class: 029
Class Status: Active
meat extracts, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, fruit sauces, eggs, milk, dairy products excluding ice creams, ice milk and frozen yogurt, edible oils and fats, dairy-based food beverages, bouillon, charcuterie, candied fruit, cheese, mussels, soup mixes, soups, yogurts, meat, fish or vegetables, crystallized fruit, fruit toppings
Basis: 1(b)
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

International Class: 030
Class Status: Active
sugar, rice, tapioca, saga, coffee substitutes grain or chicory based, flour, preparations made from cereals, namely corn flakes, bread, pastries, yeast, mustard, vinegar, sauces, spices, ice flavored ices, farinaceous food pastes, namely pasta, confectionery for decorating Christmas trees, flavorings, other than essential oils, seasonings, cocoa-based food beverages not being dairy-based or vegetable-based, coffee-based food beverages not being dairy-based or vegetable-based, chocolate-based food beverages not being dairy-based or vegetable-based, corn chips, edible decorations for cakes, chewing gum, honey, prepared entrees consisting primarily of pasta or rice, processed herbs
Basis: 1(b)
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

International Class: 041
Class Status: Active
Computer education training services; educational services, namely, conducting classes, seminars and workshops in the field of foreign languages; entertainment in the nature of live performances by a musical group or musical band, orchestra performances, fashion shows, theatrical productions, and in the nature of an on-going children's animated television series and animated cartoon series; entertainment in the nature of circuses; golf club, polo club and baseball club services; entertainment in the nature of live performances by a costumed character, and in the nature of live performances by a stand up comic; organizing exhibitions for painting and sculpture; animal training; amusement parks; bookmobile services; providing casino facilities; movie studios; arranging and conducting athletic competitions, scholastic competitions and talent shows; arranging and conducting educational conferences and conducting seminars in self awareness, art appreciation, how to write speeches, and personal behavior; discotheques; entertainment information services; motion picture film production; rental of books, radios, videotapes, videotape recorders and video cassette recorders; administration of lotteries for others; theatrical booking agencies
Basis: 1(b)
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

International Class: 042
Class Status: Active
providing temporary accommodations, medical services, hygienic and beauty care, namely beauty salons, veterinary services and agricultural advice, legal services, scientific research, industrial research, namely manufacture planning, computer programming for others, personal body guard services, chaperoning, detective agencies, night security guard services, marriage bureaus, farming equipment rental, animal breeding, animal grooming, arbitration services, architectural design for others, dentistry, graphic art designing, blood banks, editing of written texts, providing campground facilities, canteen services, cosmetic and plastic surgery, dating services, hair styling, flower arranging, architectural consultation, intellectual property consultation, personal security consultancy, real estate security consultancy, technical consultation and research in the field of environmental remediation and protection, quality control for others, convalesent homes, personal letter writing, for others, research in cosmetic product manufacturing, child care, interior decorating, industrial design, dress design, packaging design for others, computer software design for others, providing technical assistance for goods production and manufacture, engineering, undertaking, nursing care, genealogy research, horticultural services, hospitals, making hotel reservations for others, providing meteorological information, providing fashion information, landscape gardening, licensing of intellectual property, uniform rental, rental of chairs, tables, table linen, glassware, rental of rooms, rental of computer software, providing multiple-user access to a global computer information network for the transfer and dissemination of a wide range of information, clothing rental, maintenance of computer software, rest homes, retirement homes, tourist homes, butler services, manicuring, massage, emergency medical assistance, opticians' services, consultancy in the field of computer hardware, vocational guidance, psychological testing, pharmacy, portrait photography, art photography, aerial photography, photographic reporting, nurseries and day care centers, psychological consultation, psychological counseling, research and development for new products for others, news syndication reporting, sanitariums, health care, fashion styling, language translation, sorting of waste and recyclable material; catering, arena services, namely, providing facilities for baseball, golf, soccer and other athletic tournaments, concerts, conventions and exhibitions
Basis: 1(b)
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

ADDITIONAL INFORMATION
Disclaimer: the representation of a smiling face

Design Search Code(s):
02.01.31 - Men, stylized, including men depicted in caricature form
02.11.16 - Faces, smiley; Smiley faces

Prior Registration Number(s):
957363
1148450

MADRID PROTOCOL INFORMATION
(NOT AVAILABLE)

PROSECUTION HISTORY
NOTE: To view any document referenced below, click on the link to "Trademark Document Retrieval" shown near the top of this page.

2009-06-03 - Opposition terminated for Proceeding

2009-03-20 - Opposition sustained for Proceeding

2008-12-24 - Automatic Update Of Assignment Of Ownership

2007-03-01 - Assigned To LIE

2004-08-03 - TEAS Response to Office Action Received

2004-07-26 - Opposition terminated for Proceeding

2004-07-26 - Opposition terminated for Proceeding

2004-07-21 - TEAS Change Of Correspondence Received

2004-07-06 - PAPER RECEIVED

2004-05-13 - Opposition dismissed for Proceeding

2003-07-24 - Opposition instituted for Proceeding

2003-06-16 - Opposition instituted for Proceeding

2003-01-22 - Opposition instituted for Proceeding

2003-01-08 - Opposition papers filed

2002-12-10 - Published for opposition

2002-11-20 - Notice of publication

2002-10-29 - PAPER RECEIVED

2002-05-22 - Approved for Pub - Principal Register (Initial exam)

2002-03-15 - Communication received from applicant

2002-03-18 - Communication received from applicant

2002-05-01 - Assigned To Examiner

2002-02-27 - Assigned To Examiner

2002-01-24 - Communication received from applicant

2001-09-20 - Continuation of final refusal mailed

2001-07-27 - Examiner's amendment mailed

2001-04-18 - Final refusal mailed

2001-03-13 - Communication received from applicant

2001-03-13 - Communication received from applicant

2001-02-14 - Non-final action mailed

2001-02-13 - Previous action count withdrawn

2000-06-07 - Non-final action mailed

2000-06-07 - Assigned To Examiner

2000-04-27 - Letter of Protest accepted

2000-01-05 - Communication received from applicant

1999-07-06 - Non-final action mailed

1998-03-26 - Communication received from applicant

1998-03-26 - Communication received from applicant

1998-06-10 - Divisional processing completed

1998-03-26 - Divisional request received

1997-09-26 - Non-final action mailed

1997-09-11 - Assigned To Examiner

ATTORNEY/CORRESPONDENT INFORMATION
Attorney of Record
JANET DORE

Correspondent
Mary Catherine Merz
Merz & Associates, PC
1140 Lake Street Suite 304
Oak Park, IL 60301
Phone Number: 708-383-8801
Fax Number: 708-383-8897

Domestic Representative
MORGAN & FINNEGAN L.L.P.