THE UPSIDE

Live / Registered — Registered — international registration renewed (as of 19 Feb 2025)

What this means for you

Registered since 12 Aug 2014. The owner can stop confusingly similar uses in the classes it covers.

Record

Serial number
79975297
Registration number
4582431
Mark type
Stylized text
Filed
21 Nov 2012
Published for opposition
27 May 2014
Registered
12 Aug 2014
Attorney of record
Michael M. Morris

Goods and services

  • Class 003 — Cosmetics and cleaning preparations: [ Cosmetics, beauty products and skin care products, namely, skin moisturising creams and lotions, anti-wrinkle creams and lotions, lanolin based creams and lotions, and emu oil based creams and lotions; sunscreens and sun protection creams and lotions; lip balms; lipsticks; soaps, bath soaps and moisturizing soaps; shampoos, hair conditioners, hair lotions, hair gels and hair creams; essential oils, namely, primrose oil, jojoba oil, eucalyptus oil and tea-tree oil; perfumery and eau de cologne; after shave creams and lotions; bath oils and bath salts; talcum powder; toothpastes and dentifrices; toiletries, namely, deodorants and mouthwashes; tissues and wipes impregnated with cosmetic lotions or perfumed preparations ]
  • Class 009 — Scientific and electric apparatus: [ Sunglasses, spectacles, frames for spectacles and sunglasses, binoculars; cases for sunglasses and spectacles; cords for sunglasses and spectacles; pre-recorded CD's, DVD's and flash drives, all featuring content and information relating to yoga, fitness, health, sport and fashion; electrical and electronic apparatus, namely, sensors for scientific use to be worn by a human to gather human biometric data; MP3 players; headphones and ear plugs for attachment to electric apparatus for playing music; ] Downloadable electronic publications in the nature of catalogues, brochures, journals, periodicals and books in the field of yoga, fitness, health, sport and fashion [ ; protective clothing, protective headgear and protective footwear, namely, protective helmets; swimming goggles ]
  • Class 016 — Paper goods and printed matter: [ Printed materials, namely, books, booklets, posters, calendars, and diaries, all of the foregoing in the field of yoga, fitness, health, sport and fashion; photographs, postcards, and ] greeting cards; [ instructional and teaching materials and manuals in the field of yoga, fitness, health, sport and fashion; ] adhesives, namely, [ adhesive notepads, adhesive address labels, ] adhesive stickers [, and adhesives for stationery purposes; decals ] ; gift wrapping paper [ ; stationery ]
  • Class 018 — Leather goods: [ Backpacks, rucksacks, ] duffel bags, overnight bags, [ luggage, ] wallets, purses, [ umbrellas, suitcases, and ] bags in the nature of travel bags, tote bags, daypacks, shoulder bags, travel packs, school packs, [ briefcases, toiletry bags sold empty, waist bags and ] bags for sports [ ; accessories in this class for the aforesaid goods, namely, luggage tags and straps for luggage ]
  • Class 025 — Clothing: Clothing for men, women, children and infants, namely, T-shirts, shirts, blouses, singlets, shorts, board shorts, trousers, [ jeans, ] pants, leggings, jackets, hooded sweatshirts, skirts, dresses, sweaters, raincoats, [ socks, underwear, sleepwear] and lingerie; swimwear, namely, swimming costumes, bikinis and rash shirts; wetsuits, [ wetsuit booties, wetsuit gloves, wetsuit hoods and wetsuit vests; footwear, namely, shoes, boots, thongs, sandals and socks; ] headgear, namely, sun visors, [ beanies, caps, ] and caps [ for surfing; accessories in this class for clothing, footwear and headgear, namely, belts and neckties; swimming caps ]
  • Class 027 — Floor coverings: [ Yoga mats ]
  • Class 028 — Toys and sporting goods: [ Sporting products, namely, body training apparatus and weight lifting machines for exercising and strengthening various parts of the body, namely, chest, back, shoulders, arms, abdominals and legs; gymnastic products, namely, balance beams, pommel horses and climbing frames; yoga equipment, namely, yoga blocks and stretch bands for use with yoga; surf craft, balls for sport; bags specifically designed for sporting equipment ]
  • Class 035 — Advertising and business services: Retail store, online retail store, [ and wholesale store ] services relating to clothing, swimwear, [ sleepwear, ] underwear, lingerie, [ footwear, ] headgear, sporting goods,[ recreational goods, exercise equipment, yoga mats, yoga equipment, cosmetics, soaps, perfumery, body care preparations, hair care preparations, pushbikes, games, playthings, sunglasses, jewellery, wristbands, precious stones, watches, stationery, magazines, electronic magazines provided online, journals, electronic journals provided online, books, electronic books provided online, calendars, diaries, greeting cards, posters, luggage, backpacks, rucksacks, ] bags, [ giftware, ] homewares [, furniture, furnishings, bedding, cutlery, crockery, glassware, coffee mugs, candles, towels, tea towels, umbrellas, camping equipment, rugs, mats, yarns, threads, herbal teas, coffee, beverages, non-alcoholic beverages, health foods and snack foods; marketing and advertising services; consultation, advisory and information services in relation to the aforementioned services ]

Owner

Prosecution history

  • 19 Feb 2025 — NOTICE OF ACCEPTANCE OF SEC. 71 & 15 - E-MAILED
  • 19 Feb 2025 — REGISTERED - SEC. 71 ACCEPTED & SEC. 15 ACK.
  • 09 Feb 2025 — CASE ASSIGNED TO POST REGISTRATION PARALEGAL
  • 08 Aug 2024 — TEAS SECTION 71 & 15 RECEIVED
  • 12 Aug 2023 — COURTESY REMINDER - SEC. 71 (10-YR) E-MAILED
  • 28 Jun 2023 — PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED
  • 10 Dec 2022 — INTERNATIONAL REGISTRATION RENEWED
  • 28 Oct 2022 — NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED
  • 28 Oct 2022 — CASE ASSIGNED TO POST REGISTRATION PARALEGAL
  • 28 Oct 2022 — REGISTERED-SEC.71 ACCEPTED
  • 19 Jul 2021 — PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED
  • 19 Nov 2020 — NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED
  • 19 Nov 2020 — REGISTERED - PARTIAL SEC 71 ACCEPTED
  • 17 Nov 2020 — CASE ASSIGNED TO POST REGISTRATION PARALEGAL
  • 24 Jun 2020 — TEAS SECTION 71 RECEIVED

View this trademark record on Marksy