MOMSPIRATION412 - Trademark Details
Status: 775 - Opposition Dismissed
Image for trademark with serial number 88895674
Serial Number
88895674
Word Mark
MOMSPIRATION412
Status
775 - Opposition Dismissed
Status Date
2021-08-09
Filing Date
2020-04-30
Mark Drawing
4000 - Standard character mark Typeset
Published for Opposition Date
2021-07-06
Attorney Name
Law Office Assigned Location Code
M10
Employee Name
PERKINS, ELLEN J
Statements
Amendment to a Registration/Renewal Certificate
1) Applicant seeks registration of the mark "MOMSPIRATION412" for Educational and entertainment services for families, namely providing online journals in the nature of blogs to provide information about motherhood; educational and entertainment services for families, namely providing non-downloadable videos and photographs for parents featuring information and advice about motherhood" in the geographic area of the entire United States, except for Bradford County, Pennsylvania. 2) Applicant provides educational and entertainment services for families namely providing online non-downloadable videos featuring educational stories, songs, arts and crafts for children under the mark "MOMSPIRATION412" 3) Applicant is using the mark without restrictions with respect to mode of use 4) Applicant claims an exception to its exclusive use of the mark "MOMSPIRATION412" by one other third party user (i.e., the "Concurrent User") of similar marks which include the term "Momspiration" in Rome, Pennsylvania 5) The Concurrent User is believed to be using the mark "MOMSPIRATION" in association with "On-line journals, namely, blogs featuring commentary, information, and entertainment in the fields of parenting, lifestyle, advice and motherhood. 6) Applicant believes the correct name and address of the Concurrent User to be Candis M. Vargo, an individual having the address of 34321 route 187 Rome PENNSYLVANIA 18837 7) The Concurrent User is believed to be the owner of U.S. Trademark No. 5,873,056 and the alleged date of first use in commerce is January 10, 2019 8) Applicant believes that the Concurrent User is using its mark without restrictions with respect to mode of use 9) It is believed that the Concurrent User has been using its mark since January 10, 2019 10) Applicant's date of first use in commerce is Feb. 4, 2018. 11) Applicant declares that no one else except as specified in the application has the right to use the mark
Concurrent Use Statement
Subject to Concurrent Use Proceeding with U.S. Registration No. 5873056. Applicant claims the exclusive right to use the mark in the area comprising the entirety of the United States, except for Bradford County, Pennsylvania.
Goods and Services
Educational and entertainment services for families, namely, providing online journals in the nature of blogs to provide information about motherhood; educational and entertainment services for families, namely, providing non-downloadable videos and photographs for parents featuring information and advice about motherhood
Pseudo Mark
MOMSPIRATION FOUR ONE TWO; MOMSPIRATION FOUR HUNDRED TWELVE
Classification Information
International Class
041 - Education; providing of training; entertainment; sporting and cultural activities. - Education; providing of training; entertainment; sporting and cultural activities.
US Class Codes
100, 101, 107
Class Status Code
6 - Active
Class Status Date
2020-05-14
Primary Code
041
First Use Anywhere Date
2018-02-04
First Use In Commerce Date
2018-02-04
Correspondences
Name
THOMAS M. JOSEPH
Address
Please log in with your Justia account to see this address.
Trademark Events
Event DateEvent Description
2020-05-04NEW APPLICATION ENTERED IN TRAM
2020-05-14NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
2020-07-24ASSIGNED TO EXAMINER
2020-08-02NON-FINAL ACTION WRITTEN
2020-08-02NON-FINAL ACTION E-MAILED
2020-08-02NOTIFICATION OF NON-FINAL ACTION E-MAILED
2020-12-07TEAS RESPONSE TO OFFICE ACTION RECEIVED
2020-12-07CORRESPONDENCE RECEIVED IN LAW OFFICE
2020-12-08TEAS/EMAIL CORRESPONDENCE ENTERED
2020-12-28FINAL REFUSAL WRITTEN
2020-12-28FINAL REFUSAL E-MAILED
2020-12-28NOTIFICATION OF FINAL REFUSAL EMAILED
2021-01-07TEAS REQUEST FOR RECONSIDERATION RECEIVED
2021-04-07ASSIGNED TO LIE
2021-04-21ASSIGNED TO LIE
2021-04-28CORRESPONDENCE RECEIVED IN LAW OFFICE
2021-04-28TEAS/EMAIL CORRESPONDENCE ENTERED
2021-06-01APPROVED FOR PUB - PRINCIPAL REGISTER
2021-06-16NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
2021-07-06PUBLISHED FOR OPPOSITION
2021-07-06OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
2021-08-09CONCURRENT USE PROC. INSTITUTED NO. 999999