FADEGAME BARBERSHOP - Trademark Details
Status: 775 - Opposition Dismissed
Serial Number
88304060
Word Mark
FADEGAME BARBERSHOP
Status
775 - Opposition Dismissed
Status Date
2021-06-15
Filing Date
2019-02-15
Mark Drawing
4000 - Standard character mark
Typeset
Published for Opposition Date
2021-03-30
Attorney Name
Law Office Assigned Location Code
N40
Employee Name
ROTH, BENJAMIN H.
Statements
Amendment to a Registration/Renewal Certificate
Applicant seeks registration of the FADEGAME BARBERSHIP mark in connection with "Barbershops" for the States of Florida, Georgia, Louisiana, and Texas. Alvin E Parker (the "Excepted User"), with an address of 112-21 Guy R Brewer Boulevard, Jamaica, New York 11433, owns a trademark registration for the mark THE FADE GAME (Reg. No. 5315644) with the US Patent and Trademark Office ("PTO") and claims to have used the mark in commerce in connection with "Barbershops" since Nov. 1, 2016. To the verifier's knowledge, the Excepted User uses its mark for a barbershop in New York and on websites directing consumers to their barbershop in New York. The Excepted User filed its application with the PTO on Mar. 3, 2017. Applicant uses its mark for a barbershop in Louisiana on the storefront, on advertisements, on its website, and on social media. Applicant has used its mark in commerce since at least as early as April, 2016, prior to the filing date of the Excepted User's application.
Concurrent Use Statement
Subject to concurrent use proceeding with US registration number 5315644, Applicant claims the exclusive right to use the mark in the area comprising the States of Florida, Georgia, Louisiana, and Texas, except for New York. Applicant seeks registration of the FADEGAME BARBERSHIP mark in connection with "Barbershops" for the States of Florida, Georgia, Louisiana, and Texas. Alvin E Parker (the "Excepted User"), with an address of 112-21 Guy R Brewer Boulevard, Jamaica, New York 11433, owns a trademark registration for the mark THE FADE GAME (Reg. No. 5315644) with the US Patent and Trademark Office ("PTO") and claims to have used the mark in commerce in connection with "Barbershops" since Nov. 1, 2016. To the verifier's knowledge, the Excepted User uses its mark for a barbershop in New York and on websites directing consumers to their barbershop in New York. The Excepted User filed its application with the PTO on Mar. 3, 2017. Applicant uses its mark for a barbershop in Louisiana on the storefront, on advertisements, on its website, and on social media. Applicant has used its mark in commerce since at least as early as April, 2016, prior to the filing date of the Excepted User's application.
Concurrent Use Statement
Subject to concurrent use proceeding with US registration number 5315644, Applicant claims the exclusive right to use the mark in the area comprising the States of Florida, Georgia, Louisiana, and Texas, except for New York. Applicant seeks registration of the FADEGAME BARBERSHIP mark in connection with "Barbershops" for the States of Florida, Georgia, Louisiana, and Texas. Alvin E Parker (the "Excepted User"), with an address of 112-21 Guy R Brewer Boulevard, Jamaica, New York 11433, owns a trademark registration for the mark THE FADE GAME (Reg. No. 5315644) with the US Patent and Trademark Office ("PTO") and claims to have used the mark in commerce in connection with "Barbershops" since Nov. 1, 2016. To the verifier's knowledge, the Excepted User uses its mark for a barbershop in New York and on websites directing consumers to their barbershop in New York. The Excepted User filed its application with the PTO on Mar. 3, 2017. Applicant uses its mark for a barbershop in Louisiana on the storefront, on advertisements, on its website, and on social media. Applicant has used its mark in commerce since at least as early as April, 2016, prior to the filing date of the Excepted User's application.
Disclaimer with Predetermined Text
"BARBERSHOP"
Goods and Services
Barbershops
Pseudo Mark
FADE GAME BARBERSHOP
Classification Information
International Class
044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
US Class Codes
100, 101
Class Status Code
6 - Active
Class Status Date
2019-03-09
Primary Code
044
First Use Anywhere Date
2016-04-00
First Use In Commerce Date
2016-04-00
Correspondences
Name
MICHAEL L. BARTHOLOMEW
Address
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Trademark Events
| Event Date | Event Description |
| 2019-02-19 | NEW APPLICATION ENTERED IN TRAM |
| 2019-03-09 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| 2019-04-27 | ASSIGNED TO EXAMINER |
| 2019-05-02 | NON-FINAL ACTION WRITTEN |
| 2019-05-02 | NON-FINAL ACTION E-MAILED |
| 2019-05-02 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 2019-10-30 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2019-10-30 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2019-10-30 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2019-11-13 | SUSPENSION LETTER WRITTEN |
| 2019-11-13 | LETTER OF SUSPENSION E-MAILED |
| 2019-11-13 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| 2020-06-04 | ASSIGNED TO LIE |
| 2020-06-18 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| 2020-11-03 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| 2020-11-25 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2020-11-25 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2020-12-15 | TEAS VOLUNTARY AMENDMENT RECEIVED |
| 2020-12-15 | PRELIMINARY/VOLUNTARY AMENDMENT - ENTERED |
| 2021-01-21 | TEAS VOLUNTARY AMENDMENT RECEIVED |
| 2021-01-21 | PRELIMINARY/VOLUNTARY AMENDMENT - ENTERED |
| 2021-02-18 | DATA MODIFICATION COMPLETED |
| 2021-02-21 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| 2021-03-10 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| 2021-03-30 | PUBLISHED FOR OPPOSITION |
| 2021-03-30 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| 2021-06-15 | CONCURRENT USE PROC. INSTITUTED NO. 999999 |
