Trading cards; greeting cards; blank cards; note cards; gift cards; business cards; occasion cards; stickers; albums for stickers; bumper stickers; sticker books; appliques in the form of decals; adhesive labels; printed paper labels; printed matter; namely magazines and catalogs in the field of entertainment or sports; books in the field of entertainment or sports; comic books; comic strips; cartoon prints; newspaper cartoons; coloring books; children's books; activity books; notebooks; composition books; book covers; scrapbooks; photo albums; binders; stationery; writing journals; posters; role playing equipment in the nature of game book manuals; photographs; lithographs; animation cells; paper banners; paper programs relating to sports and entertainment; cardboard packaging; packaging; namely blister cards; plastic or paper bags for packaging; postcards; desk calendars; desk pads and desk top organizers; bookmarks; calendars; pen or pencil cases; lunch bags; temporary body tattoos

Class [009]
Computer & Software Products & Electrical & Scientific Products

Entertainment software to be used in connection with television gaming systems, portable gaming systems, personal computers, global computer network, personal digital assistants, Electronic games; hand-held units for playing electronic games; CD-ROMS; optical discs; moving pictures; animated cartoons; video game discs; video game machines; video game software; computer game programs; computer software; computer game cartridge; computer operating system software; mouse pads; apparatus for transmitting, recording, or reproducing sound or images; prerecorded multimedia, namely, audio cassettes, video cassettes, DVD videos; DVD players; video cameras, computer compact discs; audio compact discs; cellular telephones; cordless telephones; electronic game software for cellular telephones; calculators; walkie-talkies; vending machines; Electronic books; electronic magazines; electronic newsletters; electronic catalogues; electronic journals

Class [014]
Jewelry Products

pins; watches; precious metal trading cards namely using silver, bronze, gold; non-monetary collectible coins; jewelry; jewelry boxes; precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes

Class [028]
Toys and Sporting Goods Products

Action skill games; Amusement game machines; Arcade games; Arcade-type electronic education video games; Arcade-type electronic video games; Basketball table top games; Billiard game playing equipment; Bingo game playing equipment; Board games; Card games; Trading card games; Coin-operated video games; Dice games; Disposable ticket sets for playing games of chance; Electronic dart games; Electronic educational game machines for children; Equipment sold as a unit for playing board games; Equipment sold as a unit for playing card games; Equipment sold as a unit for playing a memory game; Equipment sold as a unit for playing action type target games; Exercise machines incorporating electronic and video game controllers; Floor-standing units for playing electronic games other than in conjunction with a television or computer; Game equipment, namely, chips; Game tables; Gaming equipment, namely, game wheels; Hand held unit for playing electronic games; Hand held unit for playing video games; Hand-held games with liquid crystal displays; Horizontal pinball machine; Japanese chess; Japanese dice games; Karuta playing cards (Japanese card game); LCD game machines; Manipulative games; Nets for ball games; Paddle ball games; Parlor games; Party games; Pinball-type games; Promotional game cards; Ring games; Role playing games; Stand alone video game machines; Tabletop units for playing electronic games other than in conjunction with a television or computer; Toy, namely, battery-powered computer game with LCD screen which features animation and sound effects; Baby multiple activity toys; Bath toys; Battery operated action toys; Cases for toy structures. Cases for toy vehicles; Children's multiple activity toys; Children's wire construction and art activity toys; Collectable toy figures; Electric action toys; Electronic learning toys; Electronically operated toy motor vehicles; Fantasy character toys; Infant toys; Mechanical toys; Miniature toy helmets; Miniature vehicles; Toy model train sets; Toy model cars; Modeled toy figurines; Musical toys; Play mats for use with toy vehicles; Plush toys; Pop up toys; Positional toy figures; Remote control toys; Sand toys; Rubber character toys; Squeeze toys; Stacking toys; Stuffed toy animals; Toy action figures; Toy animals and accessories; Toy boxes; Toy building blocks; Toy clocks and watches; Toy construction sets; Toy furniture; Toy masks; Toy stamps; Wind-up toys Toy sports figurines, bendable toys, rubber character toys, plastic character toys, inflatable toys, squeeze toys, dolls and sports balls. Autographed sports memorabilia for baseball, football, basketball, hockey and soccer namely, helmets, balls, gloves, pucks, sticks, bats

Class [025]
Clothing Products

Clothing, for men women and children; namely, sweaters, sweatshirts, sweatpants, t-shirts, blouses, tunics, halter tops, tank tops, jerseys, undershirts, jackets, pants, namely; jeans, slacks and track pants; jogging suits; shorts; skirts; suits; dresses; nightgowns, namely, night shirts, robes, pajamas and loungewear; leggings; socks; boxer shorts; underpants; headwear, namely, caps, hats, visors and headbands; gloves; neckties; scarves; belts; footwear, namely, boots, athletic shoes, sandals and slippers; swimwear namely, bathing suits, bathing trunks, beachwear and beach cover-ups

Class [035]
Advertising, Business & Retail Services

On-line and retail store services featuring sports and entertainment memorabilia, collectibles, and clothing; Providing advertising and marketing services for the promotion of memorabilia, collectibles and clothing. Organizing and conducting exhibitions, conferences and trade shows for commercial purposes; Online retail services featuring electronic goods, namely, video games, computer software, audio and video recordings, printed material and toys; Operating an online shopping site in the field of entertainment, sports, memorabilia, collectibles, toys and clothing

Class [020]
Furniture Products

Figurines and statuettes made of plastic, bone, ivory, plaster, fabric, wax or wood; cold cast resin figurines and statuettes; plaques made of bone, ivory, plastic, wax, wood; non-metal key rings; picture frames; party ornaments of plastic; plastic name badges; plastic novelty license plates; plastic pennants; plastic cake decorations; sleeping bags; tables; toy chests; wind chimes; drinking straws; bassinets; beds; benches; bookcases; cabinets; chairs; furniture

Class [041]
Education and Entertainment Services

Publishing services namely publication of magazines, periodicals, comic books, books, journals, workbooks, catalogs, brochures, electronic books, electronic magazines, and electronic journals. Production, distribution, transmission and broadcasting of movies, television movies, television programs, cable television and radio shows; Animation production services; Audio recording and production; Cinematographic adaptation and editing; Direction of making radio or television programs; Editing or recording of sounds and images; Entertainment in the nature of on-going television programs in the field of children's entertainment; Entertainment in the nature of theater productions; Entertainment in the nature of visual and audio performances, and musical, variety, news and comedy shows; Entertainment services, namely, providing an on-line computer game; Providing online information in the field of entertainment concerning movies, television movies, television programs and cable television programming services; Entertainment services, namely, providing a television program in the field of children's entertainment via a global computer network; Entertainment services, namely, production and distribution of a game show; Entertainment services in the nature of on-going television programs in the field of children's entertainment; Entertainment services, namely, providing on-line computer games; Film studios; Film mastering services; Film editing; Film distribution; Magazine publishing; Mobile media and entertainment services in the nature of content preparation, post-production; Motion picture song production; Motion picture theaters; Movie studios; Multimedia entertainment software production services; Multimedia publishing of books, magazines, journals, software, games, music; Production and distribution of motion pictures; electronic publications; Photographic and video services, namely, photographic and video capture; Production of video and creation of visual effects for others for use in DVDs, television programs and on websites; Production of video discs and tapes; Production of video and computer game software; Publication of books, magazines, journals, newspapers, periodicals, catalogs and brochures

Mark Details

Serial Number

No 77315825

Mark Type

No Service Mark

Attorney Docket Number

44D Filed

44D Current

44E filed

44E Current

66A Filed

66A Current

Current Basis

No Basis

Design Code(s)

26.07.21 -

Diamonds that are completely or partially shaded

26.07.28 -

Miscellaneous designs with overall diamond shape, including letters forming or comprising a diamond

26.11.02 -

Plain single line rectangles

26.11.25 -

Rectangles with one or more curved sides

Legal History

Status Date	Action Taken
28^th Feb 2008	ABANDONMENT - EXPRESS MAILED
28^th Feb 2008	ABANDONMENT NOTICE MAILED - EXPRESS ABANDONMENT
27^th Feb 2008	TEAS EXPRESS ABANDONMENT RECEIVED
12^th Feb 2008	NON-FINAL ACTION E-MAILED
12^th Feb 2008	NON-FINAL ACTION WRITTEN
12^th Feb 2008	NOTIFICATION OF NON-FINAL ACTION E-MAILED
05^th Feb 2008	ASSIGNED TO EXAMINER
02^th Nov 2007	NOTICE OF DESIGN SEARCH CODE MAILED
01^st Nov 2007	NEW APPLICATION ENTERED IN TRAM

UPPER D·E·C·K

Classification Information

Class [016]Paper Goods and Printed Material

Class [009]Computer & Software Products & Electrical & Scientific Products

Class [014]Jewelry Products

Class [028]Toys and Sporting Goods Products

Class [025]Clothing Products

Class [035]Advertising, Business & Retail Services

Class [020]Furniture Products

Class [041]Education and Entertainment Services