BERNER - Trademark Details
Status: 709 - Registration cancelled because registrant did not file an acceptable declaration under Section 71
Serial Number
79061250
Registration Number
3936689
Word Mark
BERNER
Status
709 - Registration cancelled because registrant did not file an acceptable declaration under Section 71
Status Date
2017-11-03
Filing Date
2008-05-26
Registration Number
3936689
Registration Date
2011-03-29
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
260903, 260921 - Incomplete squares. Squares that are completely or partially shaded.
Published for Opposition Date
2009-12-08
Attorney Name
Law Office Assigned Location Code
M10
Employee Name
CAPSHAW, DANIEL
Statements
Indication of Colors claimed
Color is not claimed as a feature of the mark.
Description of Mark
The mark consists of a design of an incomplete square and the wording "BERNER".
Goods and Services
Chemicals used in industry, industrial adhesives
Goods and Services
Paints, lacquers, rust preservatives and preventatives in the nature of a coating, anti-rust oils, anti-rust greases; wood preservatives for use against deterioration of wood; mordant dyes for general use
Goods and Services
Cleaning, polishing, scouring and abrasive preparations
Goods and Services
Industrial oils and greases, industrial lubricants, automotive lubricants, drilling lubricants
Goods and Services
Ironmongery and small items of metal hardware, namely, spring rings, metal safety chains, metal connective hinges, metal fastening collars for fastening bolted connections, metal cables and wires not for electrical purposes, metal cable rollers and reels, metal cable unwinding drums, metal cable holders, metal lubricator nipples, metal threaded rods, metal plugs and plug-in couplings; non-electric metal terminals, namely, wire clamps, quick-release fasteners, washers, shim washers and grommets, metal pipe fittings, perforated metal plates, metal locks, metal keys, and wire rope fittings of metal, namely, sockets; metal storing and sorting chests; metal clamping plates with screws; metal crampons, metal rope thimbles, welding wires, wire rope fittings in the nature of press studs and parts thereof as parts of iron fittings for wire rope; hand operated metal hose reels and hand operated non-electric cable reels; metal drawer guides and slides; metal furniture handles and locks; metal door handles and locks; metal angle brackets for connecting wood, cast and other construction materials; general purpose metal containers; metal tool containers; metal tool boxes; fastening materials, namely, nails, metal rivets, metal bolts, metal hooks, metal screws, metal nuts, metal gasket and sealing rings, metal gasket and sealing discs, metal springs, metal fastening anchors, metal fastening brackets, metal pipe hangers, metal clamps, metal cable fastening anchors, metal cable bands and clips; metal fastening sets for sanitary fittings, namely, bolts, rivets and screws; and metal fasteners for insulating plates, namely, bolts, rivets and screws, metal pegs and dowels; metal furniture fittings, namely, brackets, screws and dowels, metal welding and soldering rods; metal fasteners for mounting and demounting heating radiators in buildings, namely, bolts, rivets, screws, reels, brackets, clamps, hooks and eyes; metal license plates and securing means therefor, namely, metal nuts, washers, screws and bolts; all aforementioned goods with the exception of goods used in, and/or designed, manufactured, sold or distributed by, the HVAC or air control industries, namely, HVAC systems, energy recovery systems, geothermal systems, heating and/or cooling coils, heat exchangers, wind turbines, air doors, air curtains, air conditioning systems, air cleaning systems, air entrance systems, strip doors, air diffusion systems, ventilators, fabric ducts, heaters, bi-parting doors, rack covers, fans, rotors, coils, or parts and components of any of the foregoing goods
Goods and Services
Power tools, namely, machines designed for cutting, drilling, grinding, sawing, planing, milling, polishing metal, wood and synthetic materials and for fastening tarpaulins, and parts thereof; electrical drills, drilling machines and sanding machines; power-operated nailing guns; power-operated spray guns, spray guns for paint, hot melt glue guns, electric can openers, hammer drills; power or pneumatic cutting and grinding apparatus, namely, right angle grinders, countersinks, power-operated tap drills and thread-cutting tools, power-operated right angle grinders, power compass saws, finishing sanding machines, power-operated screwdrivers; angular gear cutting machines, power staplers; cutting and grinding discs driven with electrical angle grinders, namely, cutting-off and de-burring disks made of corundum that are used as machine parts and used for activating machines; torque converters not for land vehicles; chain saws, circular saws; power operated steel cutting tools, namely, thread taps and dies; power tools and parts for power tools, namely, countersinks and power operated de-burring bits, power chisels, power drill bits and power core bits; all aforementioned goods with the exception of goods used in, and/or designed, manufactured, sold or distributed by, the HVAC or air control industries, namely, HVAC systems, energy recovery systems, geothermal systems, heating and/or cooling coils, heat exchangers, wind turbines, air doors, air curtains, air conditioning systems, air cleaning systems, air entrance systems, strip doors, air diffusion systems, ventilators, fabric ducts, heaters, bi-parting doors, rack covers, fans, rotors, coils, or parts and components of any of the foregoing goods
Goods and Services
Hand tools, namely, saws, drill files, knives, pliers, pincers, and plate shears for processing metal, wood and plastic materials; hand-operated tools for fastening tarpaulins; hand tools, namely, pliers for joining and separating electrical connections, pliers, riveting pliers, riveting guns, stripping pliers, spring collets, crimping pliers, bending pliers, offsetting pliers, punch pliers, bending tools for pipes, countersinks; hand tools for battery terminals, namely, battery clip pullers, pincers for connecting cables; hand tools, namely, files, saws, blades for hand saws, and cylinder or hole saws; hand tools, namely, manually-operated grinding, cutting and trimming disks, sharpening and blunting stones, sanding blocks, buffing pins, buffing wheels; hand-operated cutting apparatus, namely, burr removing knives, hand-operated shears and sheet metal shears, hand-operated electrode welding clamps, spatulas for applying filler or putty to a surface; auxiliary hand tools, namely, pliers for assembling and removing disks; inflating and deflating apparatus, namely, hand-operated tire inflators, spark plug wrenches, socket wrenches, hand tools, namely, tube benders and pipe-cutters; hand clamping tools, namely, pliers, nozzle spanners, wrenches for drill chucks, tongs; wheel removing hand tools, namely, gear pullers, planes, screwdrivers, shears, pruning scissors, tree pruners and hedge shears, non-electric can openers; hand tools, namely, screw clamps and cable cutters; mounting tools, namely, hand operated tools for mounting tire valves; spring assembly tools, namely, pliers, hand-operated car lifting jacks; vices, cutlery; all aforementioned goods with the exception of goods used in, and/or designed, manufactured, sold or distributed by, the HVAC or air control industries, namely, HVAC systems, energy recovery systems, geothermal systems, heating and/or cooling coils, heat exchangers, wind turbines, air doors, air curtains, air conditioning systems, air cleaning systems, air entrance systems, strip doors, air diffusion systems, ventilators, fabric ducts, heaters, bi-parting doors, rack covers, fans, rotors, coils, or parts and components of any of the foregoing goods
Goods and Services
Measuring instruments for garages, namely, testing devices for measuring and confirming electric power supply, electric testing apparatus for incandescent light bulbs, voltage testers, spark plug testers; measuring instruments for garages, namely, anti-freeze testing devices, namely, testers to check whether the concentration of anti-freeze substance in cars is sufficient; measuring instruments for garages, namely, battery charge testers, measuring instruments for garages, namely, compression pressure testers, measuring instruments for garages, namely, automobile cooling system testers and sensors and gauges for adjusting valves; measuring instruments for garages, namely, gauges in the nature of slide calipers and measuring tapes; measuring instruments for garages, namely, slide calipers; measuring instruments for garages, namely, protractors and carpenter's levels; electric soldering apparatus; welding helmets, welding torches, welding transformers, welding electrodes, reels for electric wire, protective clothing, protective eyewear; all aforementioned goods with the exception of goods used in, and/or designed, manufactured, sold or distributed by, the HVAC or air control industries, namely, HVAC systems, energy recovery systems, geothermal systems, heating and/or cooling coils, heat exchangers, wind turbines, air doors, air curtains, air conditioning systems, air cleaning systems, air entrance systems, strip doors, air diffusion systems, ventilators, fabric ducts, heaters, bi-parting doors, rack covers, fans, rotors, coils, or parts and components of any of the foregoing goods
Goods and Services
Lamps; automotive headlamps; all aforementioned goods with the exception of goods used in, and/or designed, manufactured, sold or distributed by, the HVAC or air control industries, namely, HVAC systems, energy recovery systems, geothermal systems, heating and/or cooling coils, heat exchangers, wind turbines, air doors, air curtains, air conditioning systems, air cleaning systems, air entrance systems, strip doors, air diffusion systems, ventilators, fabric ducts, heaters, bi-parting doors, rack covers, fans, rotors, coils, or parts and components of any of the foregoing goods
Goods and Services
Accessories for motor vehicles, namely, counterbalance weights for balancing wheels and tires, brake line fittings, fasteners as parts for fitted covers for vehicles, windshield wipers; parts for vehicles, namely, brake and clutch cables and cable guides fuses, battery terminals, spark plug connectors
Goods and Services
Synthetic plastic as semi-finished products, in the form of foils, plates, rods, profiles, hoses, tubes, blocks; sealing, packing and insulating materials; flexible pipes, not of metal; all aforementioned goods with the exception of goods used in, and/or designed, manufactured, sold or distributed by, the HVAC or air control industries, namely, HVAC systems, energy recovery systems, geothermal systems, heating and/or cooling coils, heat exchangers, wind turbines, air doors, air curtains, air conditioning systems, air cleaning systems, air entrance systems, strip doors, air diffusion systems, ventilators, fabric ducts, heaters, bi-parting doors, rack covers, fans, rotors, coils, or parts and components of any of the foregoing goods
Goods and Services
Packaging containers of plastic, plastic pegs; workshop furniture; shelf systems comprising shelving; storage, workshop and garage furniture in the nature of perforated plate systems, comprising metal perforated plates hooks and tool holders for storing tools and tool parts; tool cabinets and boxes, not of metal; plastic novelty license plates and securing means therefor, namely, plastic nuts, washers, screws and bolts
Classification Information
International Class
001 - Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. - Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
US Class Codes
001, 005, 006, 010, 026, 046
Class Status Code
F - Section 71 - Cancelled
Class Status Date
2017-11-03
Primary Code
001
International Class
002 - Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. - Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
US Class Codes
006, 011, 016
Class Status Code
F - Section 71 - Cancelled
Class Status Date
2017-11-03
Primary Code
002
International Class
020 - Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. - Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.
US Class Codes
002, 013, 022, 025, 032, 050
Class Status Code
F - Section 71 - Cancelled
Class Status Date
2017-11-03
Primary Code
020
International Class
003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
US Class Codes
001, 004, 006, 050, 051, 052
Class Status Code
F - Section 71 - Cancelled
Class Status Date
2017-11-03
Primary Code
003
International Class
006 - Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. - Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
US Class Codes
002, 012, 013, 014, 023, 025, 050
Class Status Code
F - Section 71 - Cancelled
Class Status Date
2017-11-03
Primary Code
006
International Class
004 - Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks. - Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
US Class Codes
001, 006, 015
Class Status Code
F - Section 71 - Cancelled
Class Status Date
2017-11-03
Primary Code
004
International Class
012 - Vehicles; apparatus for locomotion by land, air or water. - Vehicles; apparatus for locomotion by land, air or water.
US Class Codes
019, 021, 023, 031, 035, 044
Class Status Code
F - Section 71 - Cancelled
Class Status Date
2017-11-03
Primary Code
012
International Class
007 - Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements (other than hand-operated); incubators for eggs. - Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements (other than hand-operated); incubators for eggs.
US Class Codes
013, 019, 021, 023, 031, 034, 035
Class Status Code
F - Section 71 - Cancelled
Class Status Date
2017-11-03
Primary Code
007
International Class
008 - Hand tools and implements (hand-operated); cutlery; side arms; razors. - Hand tools and implements (hand-operated); cutlery; side arms; razors.
US Class Codes
023, 028, 044
Class Status Code
F - Section 71 - Cancelled
Class Status Date
2017-11-03
Primary Code
008
International Class
009 - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; 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. - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; 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 - Section 71 - Cancelled
Class Status Date
2017-11-03
Primary Code
009
International Class
011 - Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. - Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
US Class Codes
013, 021, 023, 031, 034
Class Status Code
F - Section 71 - Cancelled
Class Status Date
2017-11-03
Primary Code
011
International Class
017 - Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. - Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
US Class Codes
001, 005, 012, 013, 035, 050
Class Status Code
F - Section 71 - Cancelled
Class Status Date
2017-11-03
Primary Code
017
Correspondences
Name
Prinz & Partner
Address
Please log in with your Justia account to see this address.
Prior Registrations
| Relationship Type | Reel Number |
| Prior Registration | 3302892 |
International Registrations
International Registration Number
0651442
International Registration Date
1995-11-13
International Publication Date
2008-12-18
International Renewal Date
2025-11-13
Auto Protection Date
2010-05-27
International Status
001 - Request for extension of protection established
International Status Date
2008-11-27
Priority Claimed In
False
First Refusal In
True
Trademark Events
| Event Date | Event Description |
| 2008-11-27 | SN ASSIGNED FOR SECT 66A SUBSEQ DESIG FROM IB |
| 2008-12-01 | NEW APPLICATION ENTERED IN TRAM |
| 2008-12-01 | ASSIGNED TO EXAMINER |
| 2008-12-02 | NON-FINAL ACTION WRITTEN |
| 2008-12-03 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| 2008-12-03 | REFUSAL PROCESSED BY MPU |
| 2008-12-03 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| 2008-12-05 | APPLICATION FILING RECEIPT MAILED |
| 2009-01-08 | REFUSAL PROCESSED BY IB |
| 2009-04-09 | PAPER RECEIVED |
| 2009-04-10 | ASSIGNED TO LIE |
| 2009-04-10 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2009-04-10 | AMENDMENT FROM APPLICANT ENTERED |
| 2009-04-28 | NON-FINAL ACTION WRITTEN |
| 2009-04-28 | NON-FINAL ACTION MAILED |
| 2009-10-30 | PAPER RECEIVED |
| 2009-11-03 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2009-11-03 | AMENDMENT FROM APPLICANT ENTERED |
| 2009-11-04 | EXAMINERS AMENDMENT -WRITTEN |
| 2009-11-04 | EXAMINER'S AMENDMENT ENTERED |
| 2009-11-05 | EXAMINERS AMENDMENT MAILED |
| 2009-11-05 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| 2009-11-05 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| 2009-11-18 | NOTICE OF PUBLICATION |
| 2009-12-08 | PUBLISHED FOR OPPOSITION |
| 2009-12-22 | PAPER RECEIVED |
| 2010-01-05 | EXTENSION OF TIME TO OPPOSE RECEIVED |
| 2010-01-28 | ASSIGNED TO PETITION STAFF |
| 2010-01-29 | CHANGES/CORRECTIONS AFTER PUB APPROVAL ENTERED |
| 2010-04-29 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| 2010-04-29 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| 2010-05-13 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| 2010-06-05 | OPPOSITION NOTICE (IB REFUSAL) CREATED |
| 2010-06-07 | OPPOSITION NOTICE (IB REFUSAL) SENT TO IB |
| 2010-06-08 | OPPOSITION INSTITUTED NO. 999999 |
| 2010-07-02 | REFUSAL PROCESSED BY IB |
| 2011-02-22 | OPPOSITION DISMISSED NO. 999999 |
| 2011-02-22 | OPPOSITION TERMINATED NO. 999999 |
| 2011-02-22 | TTAB RELEASE CASE TO TRADEMARKS |
| 2011-02-08 | PAPER RECEIVED |
| 2011-03-29 | REGISTERED-PRINCIPAL REGISTER |
| 2011-05-13 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| 2011-06-29 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| 2011-07-08 | FINAL DISPOSITION PROCESSED |
| 2011-07-08 | FINAL DISPOSITION NOTICE SENT TO IB |
| 2011-08-08 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| 2012-03-29 | CHANGE OF OWNER RECEIVED FROM IB |
| 2013-05-18 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| 2016-01-03 | INTERNATIONAL REGISTRATION RENEWED |
| 2017-11-03 | CANCELLED SECTION 71 |
| 2018-07-03 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| 2018-07-10 | INVALIDATION PROCESSED |
| 2018-07-10 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| 2018-09-14 | TOTAL INVALIDATION PROCESSED BY THE IB |
