ARE YOU SMARTER THAN A 5TH GRADER? - Trademark Details
Status: 710 - Cancelled - Section 8
Serial Number
77976700
Registration Number
3636694
Word Mark
ARE YOU SMARTER THAN A 5TH GRADER?
Status
710 - Cancelled - Section 8
Status Date
2020-01-10
Filing Date
2007-02-14
Registration Number
3636694
Registration Date
2009-06-09
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
010905, 050905, 200101 - Atoms or molecular models. Apples. Pencils, pens (excluding quill pens), crayons, pen points, chalk, markers.
Published for Opposition Date
2007-10-30
Attorney Name
Law Office Assigned Location Code
M30
Employee Name
PEETE, KYLE C
Statements
Indication of Colors claimed
The color(s) brown, green, red, white, pink, gold, black, yellow, silver and beige is/are claimed as a feature of the mark.
Description of Mark
The mark consists of a red apple with yellow specks. The apple stem is dark brown at the top of the stem and fades into green and yellow at the bottom of the stem where the stem meets the apple. The words "ARE YOU SMARTER THAN A 5TH GRADER?" appear in three dimensional gold letters across the apple and curving around it. A pencil appears across the apple and bisects the words "ARE YOU SMARTER" and "THAN A 5TH GRADER?". The pencil has a pink eraser at one end. The pencil stem is yellow with a silver band between the eraser portion of the design and the stem portion. The pointed end of the pencil is beige with a black tip. Two pink rings circumscribe the apple, the words and the pencil. Each ring has two star-like images attached to it. The star designs are white and appear as points of light in the design.
Goods and Services
clothing, namely, shirts, tops, jerseys
Pseudo Mark
ARE YOU SMARTER THAN A FIFTH GRADER?
Section 2(f) Limitation Statement
The applied for mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
Classification Information
International Class
025 - Clothing, footwear, headgear. - Clothing, footwear, headgear.
US Class Codes
022, 039
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2020-01-10
Primary Code
025
First Use Anywhere Date
2007-11-30
First Use In Commerce Date
2007-11-30
Correspondences
Name
Alicia Woolslayer
Address
Please log in with your Justia account to see this address.
Prior Registrations
| Relationship Type | Reel Number |
| Continuity Parent | 77107817 |
Trademark Events
| Event Date | Event Description |
| 2007-02-20 | NEW APPLICATION ENTERED IN TRAM |
| 2007-02-21 | NOTICE OF DESIGN SEARCH CODE MAILED |
| 2007-05-01 | ASSIGNED TO EXAMINER |
| 2007-05-04 | PRIORITY ACTION WRITTEN |
| 2007-05-07 | PRIORITY ACTION MAILED |
| 2007-08-06 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2007-08-06 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2007-08-07 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2007-08-08 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| 2007-09-17 | ASSIGNED TO LIE |
| 2007-09-17 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| 2007-09-25 | WITHDRAWN FROM PUB - TQR/NON-ATTY REQUEST |
| 2007-10-10 | NOTICE OF PUBLICATION |
| 2007-10-30 | PUBLISHED FOR OPPOSITION |
| 2008-01-22 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| 2008-06-30 | TEAS EXTENSION RECEIVED |
| 2008-06-30 | EXTENSION 1 FILED |
| 2008-06-30 | EXTENSION 1 GRANTED |
| 2008-10-29 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| 2008-10-29 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| 2009-01-07 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| 2009-01-07 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| 2009-01-22 | TEAS STATEMENT OF USE RECEIVED |
| 2009-02-12 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| 2009-03-03 | ITU OFFICE ACTION ISSUED FOR DIVISIONAL REQUEST |
| 2009-03-03 | TEAS POST PUBLICATION AMENDMENT RECEIVED |
| 2009-01-22 | TEAS REQUEST TO DIVIDE RECEIVED |
| 2009-01-22 | DIVISIONAL REQUEST RECEIVED |
| 2009-03-04 | DIVISIONAL PROCESSING COMPLETE |
| 2009-01-22 | USE AMENDMENT FILED |
| 2009-03-04 | STATEMENT OF USE PROCESSING COMPLETE |
| 2009-03-05 | NOTICE OF DESIGN SEARCH CODE MAILED |
| 2009-04-02 | SU - NON-FINAL ACTION - WRITTEN |
| 2009-04-02 | NON-FINAL ACTION E-MAILED |
| 2009-04-02 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 2009-04-03 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2009-04-03 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2009-04-04 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2009-05-03 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| 2009-05-06 | LAW OFFICE REGISTRATION REVIEW COMPLETED |
| 2009-06-09 | REGISTERED-PRINCIPAL REGISTER |
| 2010-07-02 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| 2010-07-02 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| 2012-04-10 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| 2012-04-10 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| 2014-07-23 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| 2015-03-30 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| 2015-03-30 | TEAS SECTION 8 & 15 RECEIVED |
| 2015-04-01 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| 2015-04-09 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| 2015-04-13 | REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. |
| 2015-04-13 | NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED |
| 2015-05-19 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| 2015-05-19 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| 2015-06-03 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| 2016-07-20 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| 2018-06-09 | COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED |
| 2018-08-08 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| 2020-01-10 | CANCELLED SEC. 8 (10-YR)/EXPIRED SECTION 9 |
