O.P.I

What this means for you

Not registered yet, but its 19 Apr 2022 filing date beats anything filed after it. If it registers, the owner can stop confusingly similar uses in the classes it covers.

Record

Serial number

97369998

Mark type

Word mark

Filed

19 Apr 2022

Published for opposition

13 Feb 2024

Attorney of record

Jonathan M. Rixen

Goods and services

• Class 009 — Scientific and electric apparatus: Downloadable software for the production and modification of interactive media, video clips, photography, music, audio recording, data, visual effects, digital files, digital collectibles, cryptocollectibles authenticated by non-fungible tokens (NFTs) on a blockchain network featuring or linking to digital or physical products related to nail art, nail polish, nail care and non-medicated skincare preparations; Downloadable mobile application software for users to browse and perform electronic transactions of retail consumer goods, namely, nail art, nail polish, nail care and nonmedicated skincare preparations in a virtual environment including virtual computer environments through cloud computing, virtual reality, augmented reality, mixed reality, extended reality, or a combination thereof; Downloadable mobile application software for users to access to digital electronic content and experiences, namely, virtually trying on nail art and nail polish on their avatar, to assist users in the selection of nail art and nail color, to provide information and tutorials in the field of nail art, nail polish, nail care and non-medicated skin care, beauty trends, nail art and nail color trends, nail art, nail polish, nail care preparations and non-medicated skincare preparations application tips and nail product recommendations, to provide nail salon locator services; Virtual goods, namely, downloadable computer programs featuring nail art, nail polish, nail care preparations and nonmedicated skincare preparations for use online and in online virtual worlds; Downloadable virtual goods, namely, computer programs featuring nail art, nail polish, nail care preparations and non-medicated skincare preparations for use in online virtual worlds by virtual avatars; Downloadable audio and video recordings, featuring memes, fashion highlights, entertainment highlights, downloadable digital music, downloadable digital art, downloadable digital collectible objects, and downloadable digital crypto-collectible objects in the field of nail and skin care and nail art authenticated by non-fungible tokens (NFTs) for use in virtual online environments, extended reality virtual environments and for engaging in social networking and interacting with online communities; Digital collectibles in the nature of downloadable audio recordings in the field of nail and skin care and nail art events authenticated by non-fungible tokens (NFTs); Downloadable computer software for managing smart contracts using blockchain technology; Digital collectibles in the nature of downloadable video files in the field of nail and skin care and nail art authenticated by non-fungible tokens (NFTs)
• Class 035 — Advertising and business services: Online virtual retail store featuring virtual goods, namely, nail art, nail polish, nail care preparations and non-medicated skincare preparations, digital animated and non-animated designs and characters, avatars, digital overlays, and skins, and virtual services, namely, manicure services, in the field of nail art, nail polish, nail care preparations and non-medicated skincare preparations for use in online virtual environments; Provision of an online marketplace for buyers and sellers of downloadable digital art images authenticated by non-fungible tokens (NFTs), digital animated and non-animated designs and characters, avatars, digital overlays, skins; Administration of membership services and customer loyalty programs which provides access to events, programs, and access to or ability to modify digital or physical products; providing incentive award programs for customers and members through issuance and processing of loyalty points for on-line purchase of a company's goods and services; advertising services, all in the field of beauty; Development of digital marketing initiatives strategies, concepts and tactics, namely, audience development, brand awareness, customer relations, online community building and digital word of mouth communications for use in virtual online environments, extended reality virtual environments and for engaging in social networking and interacting with online communities; Advertising services, namely, promoting the goods of third parties through downloadable audio and video recordings, featuring memes, fashion highlights, entertainment highlights, downloadable digital music, downloadable digital art, downloadable digital collectible objects, and downloadable digital crypto-collectible objects authenticated by non-fungible tokens (NFTs) for use in virtual online environments, extended reality virtual environments and for engaging in social networking and interacting with online communities all for digital marketing; Advertising services, namely, production of special effects including model-making services, computer-generated imagery and computer-generated graphics for the production of commercials all for digital marketing; Online retail store services rendered in a virtual environment featuring virtual goods, namely, nail art, nail polish, nail care preparations and non-medicated skincare preparations, digital animated and non-animated designs and characters, avatars, digital overlays, and skins
• Class 041 — Education and entertainment services: Entertainment services, namely, providing on-line, non-downloadable virtual nail art, nail polish, nail care preparations and non-medicated skincare preparations, digital animated and non-animated designs and characters, avatars, digital overlays, and skins for use in virtual environments created for entertainment purposes; Entertainment services in the nature of organizing, arranging, and hosting virtual performances, social entertainment events and beauty shows for entertainment purposes; Online business education and training services, namely, providing non-downloadable pre-recorded online videos related to the use and sale of nail art, nail polish, nail care preparations and non-medicated skincare preparations for use in virtual, augmented and mixed reality contexts; Educational and entertainment services, namely, providing non-downloadable pre-recorded online videos in the field of cosmetics, skincare, nail care, nail color and beauty products and in retail training and merchandising training, all for the proper recommendation and sale of nail art, nail polish, nail care preparations and non-medicated skincare preparations; Entertainment services, namely, providing on-line, non-downloadable virtual goods, namely, nail art, nail polish, nail care preparations and non-medicated skincare preparations for use in virtual environments created for entertainment purposes by virtual avatars; Entertainment services, namely, in the form of live nail and skin care and nail art events; Entertainment services, namely, production of special effects including model-making services and related digital production elements for use in virtual online environments, extended reality virtual environments and for engaging in social networking and interacting with online communities
• Class 042 — Scientific and technological services: Providing virtual computer environments through cloud computing for people to browse, accumulate, buy, sell, and trade virtual nail art, nail polish, nail care preparations and non-medicated skincare preparations
• Class 044 — Medical, beauty and agricultural services: Beauty consultation services, namely, online nail art, nail polish, nail care preparations and nonmedicated skincare preparations consultation services to assist consumers in selecting product that responds to his/her needs; Providing a web site for nail professionals and nail salon professionals that features information about the use and selection of nail art, nail polish, nail care preparations and nonmedicated skincare preparations; Beauty consultation services for avatars, namely, online nail art and nail polish consultation services to assist avatars in selecting nail art and nail polish in a virtual environment including virtual computer environments through cloud computing, virtual reality, augmented reality, mixed reality, extended reality, or a combination thereof; Virtual salon services for avatars, namely, online nail art and nail polish consultation services to assist avatars in selecting nail art and nail polish product in a virtual environment including virtual computer environments through cloud computing, virtual reality, augmented reality, mixed reality, extended reality, or a combination thereof

Owner

• Wella Operations US, LLC, Calabasas, CA, US
• Wella Operations US, LLC, Calabasas, CA, US

Prosecution history

• 31 Mar 2026 — NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
• 30 Mar 2026 — SOU EXTENSION 4 GRANTED
• 30 Mar 2026 — SOU EXTENSION 4 FILED
• 30 Mar 2026 — SOU TEAS EXTENSION RECEIVED
• 24 Sept 2025 — NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
• 23 Sept 2025 — SOU EXTENSION 3 GRANTED
• 23 Sept 2025 — SOU EXTENSION 3 FILED
• 23 Sept 2025 — SOU TEAS EXTENSION RECEIVED
• 05 Sept 2025 — TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
• 05 Sept 2025 — TEAS CHANGE OF CORRESPONDENCE RECEIVED
• 05 Sept 2025 — ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
• 05 Sept 2025 — TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
• 12 Mar 2025 — NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
• 11 Mar 2025 — SOU EXTENSION 2 GRANTED
• 11 Mar 2025 — SOU EXTENSION 2 FILED