Attorney Docket No.: 24683 8US33
`
`BOX TTAB FEE
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`DER GRUNE PUNKT — DUALES SYSTEM
`DEUTSCHLAND AG
`
`Opposer,
`
`V.
`
`SCOTT T. WENING,
`
`Applicant.
`
`\./\/&/$/\./%/%/\/\./§/\/§
`
`Honorable Commissioner of Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3514
`
`Opposition No.:
`Appln. Serial No. 78/116,994
`
`05-17-2004
`U.S. Pawn! & TMOfclTM Mail Hcpt Dt. #22
`
`NOTICE OF OPPOSITION
`
`Der Griine Punkt - Duales System Deutschland AG, is a corporation duly organized and
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`existing under the laws of Germany, having its principal offices at Frankfurter Strasse 720-726,
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`51145 Koln, Germany (hereinafter "Opposer"), believes it will be damaged by the issuance of a
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`registration for the mark GREEN DOT, as applied for in Application Serial No. 78/116,994 filed
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`on March 22, 2002 by Applicant Scott T. Wening (“Applicant”), published for opposition in the
`
`Official Gazette of November 18, 2003, Vol. 1276, No. 3, at Page TM 120.
`
`05/19/2004 JBROOKS1 00000086 76116994
`
`01 I-'C:6402
`
`600.00 OP
`
`

`
`
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`As grounds for opposition, Opposer alleges as follows:
`
`1.
`
`Opposer is a German company established to fulfill recycling obligations on
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`behalf of industry and trade as specified in the German Packaging Ordinance of 1991. Since
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`1991 Opposer has been known throughout
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`the world as Der Grune Punkt, or its English
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`equivalent, THE GREEN DOT.
`
`2.
`
`In 1991 Opposer created a graphic design/symbol to indicate that a manufacturer
`
`of packaging affixed with the design paid a license fee for the collection, sorting and recycling of
`
`its packaging. Due to the unusual facts and background surrounding the adoption of this
`
`design/symbol, this graphic design became known as “der Grtine Punkt” - the Green Dot.
`
`3.
`
`Today, upon information and belief, the GREEN DOT design is printed on more
`
`than 460 billion pieces of packaging each year and is protected through international intellectual
`
`property treaties in more than 170 countries. The GREEN DOT design is recognized as one of
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`the world's most widely used and known trade marks, and is synonymous with Opposer, Der
`
`Grune Punkt, and the wording GREEN DOT.
`
`4.
`
`Since long prior to March 22, 2002, App1icant’s filing date and potential
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`constructive use date, the public has attributed and continues to attribute, and Opposer has used
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`and continues to use throughout the United States and throughout the world, the GREEN DOT
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`word and design and the DER GRUNE PUNKT name (hereinafter the “GREEN DOT marks”) as
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`a collective mark, service mark and trade name in connection with a variety of goods and
`
`services, as more fully set out
`
`in the attached TARR printouts taken from the Patent and
`
`Trademark Office database. The GREEN DOT design and word mark are synonymous with
`
`each other.
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`

`
`
`
`5.
`
`Opposer is the owner of, and will rely herein, upon the following Federal
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`Collective Mark registrations of its GREEN DOT design:
`
`MARK
`
`REGISTRATION NO.
`
`ISSUED
`
`2,013,155
`
`November 5, 1996
`
`2,212,057
`
`December 22, 1998
`
`Copies of Opposer's registrations identified above, showing the goods and services in
`
`each registration are attached as Exhibit A. Said registrations are valid and subsisting and serve
`
`as prima facie evidence of Opposer's exclusive right to use the marks in commerce on the goods
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`and services specified in said registrations, and goods and services related thereto.
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`6.
`
`Opposer also has common law rights in its GREEN DOT marks and uses these
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`marks in connection with a wide variety of services, all related to recycling.
`
`7.
`
`Since its initial use of the GREEN DOT marks, Opposer has made a substantial
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`investment in promoting the goods and services covered by its GREEN DOT marks. Opposer
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`and/or Opposer’s licensees, have extensively used, promoted and offered Opposer's and/or its
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`licensees, goods and services bearing the GREEN DOT marks to the public through various
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`channels of trade in commerce, with the result that consumers and the public in general have
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`come to know and recognize Opposer's GREEN DOT marks and associate same with Opposer
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`and/or goods sold or services offered by Opposer and/or its licensees. Opposer has built
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`extensive goodwill based on this usage.
`
`8.
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`Upon information and belief, notwithstanding Opposer's rights in and to its marks,
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`on March 22, 2002, Applicant filed an application for registration of the alleged GREENDOT
`
`

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`service mark for ‘‘collection for recycling of used carpet” and “material recycling services.” Said
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`application was assigned Serial No.78/116,994, and was published for Opposition in the Official
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`Gazette of November 18, 2003.
`
`9.
`
`Applicant's GREENDOT mark is a simulation and colorable imitation of, and so
`
`resembles Opposer's GREEN DOT marks as to be likely, when applied to the proposed services
`
`of Applicant, to cause confusion or mistake or to deceive purchasers resulting in damage and
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`detriment to Opposer and its reputation.
`
`10.
`
`Under the doctrine of legal equivalents, a pictorial representation and its literal
`
`equivalent may be found to be confusingly similar. Applicant’s GREENDOT mark is the literal
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`equivalent of Opposer’s GREEN DOT Design.
`
`11.
`
`Under the doctrine of foreign equivalents, a foreign word and the English
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`equivalent may be found confiisingly similar. Applicant’s GREENDOT mark is the English
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`equivalent of Opposer’s trade name, Der Grune Punkt.
`
`12.
`
`Upon information and belief, Opposer's and Applicant's services will be offered,
`
`purchased and consumed by the same general class of purchasers.
`
`13.
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`Opposer, upon information and belief, avers that its customers, and the public in
`
`general, are likely to be confused, mistaken or deceived as to the origin and sponsorship of
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`Applicant's proposed services to be marketed under Applicant's alleged GREENDOT service
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`mark and misled into believing that such services are produced by, emanate from, or are in some
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`way directly or indirectly associated with Opposer, to the damage and detriment of Opposer and
`
`its reputation. Thus, Applicant’s mark is unregistrable under Sections 2(d) and 3 of the
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`Trademark Act , as amended, 15 U.S.C. §§ 1052 and 1053, and should be refused registration.
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`

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`14.
`
`Der Grune Punkt and its English equivalent THE GREEN DOT are names of an
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`“institution” within the meaning of Section 2(a) of the United States Trademark Act, 15 U.S.C.
`
`§§1052(a).
`
`15.
`
`Applicant’s GREENDOT mark is the English equivalent of Opposer’s name,
`
`DER GRUNE PUNKT, and therefore the public would recognize it as a close approximation of
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`the name THE GREEN DOT and/or DER GRUNE PUNKT.
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`16.
`
`Opposer is not affiliated or connected with Applicant, or with the services for
`
`which Applicant seeks registration of the GREENDOT mark.
`
`17.
`
`Accordingly, registration of Applicant’s mark will further damage Opposer
`
`because Applicant’s mark falsely suggests a connection with Opposer. Thus, Applicant’s mark
`
`is unregistrable under Sections 2(a) and 3 of the United States Trademark Act, as amended, 15
`
`U.S.C. §§ 1052 and 1053 and should be refiised registration.
`
`18.
`
`Upon information and belief, the bona fides of Applicant's intent-to-use is not
`
`apparent from materials of record in the subject application, and Opposer therefore challenges
`
`same and leaves the Applicant to its proofs with regard to the nature and sufficiency of its intent
`
`to use at the time of filing Application Serial No. 78/116,994.
`
`WHEREFORE,
`
`this Opposer, Der Griine Punkt
`
`- Duales System Deutschland AG,
`
`believes and avers that it is being and will continue to be damaged by registration of the alleged
`
`GREEN DOT service mark as aforesaid, and prays that said Application Serial No. 78/116,994
`
`be rejected, that no registration be issued thereon to Applicant, and that this Opposition be
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`sustained in favor of Opposer.
`
`Opposer has appointed JEFFREY H. KAUFMAN, a member of the law firm of OBLON,
`
`SPIVAK, MCCLELLAND, MAIER & NEUSTADT, P.C., a member of the Bar of the Common-
`
`

`
`wealth of Virginia, to prosecute this opposition proceeding and to transact all business in and
`
`before the United States Patent and Trademark Office in connection herewith. Please address all
`
`correspondence to:
`
`JEFFREY H. KAUFMAN
`
`OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT,P.C.
`1940 Duke Street
`
`Alexandria, Virginia 22314
`
`The filing fee for this opposition in the amount of $600 is enclosed herewith. The
`
`Commissioner is hereby authorized to charge any additional fees which may be required, or
`
`credit any overpayment, to Account No. 50-2014.
`
`Respectfully submitted,
`
`DER GRUNE PUNKT-DUALES SYSTEM
`DEUTSCHLAND AG
`.
`/
`
`
`
`
`. Kaufinan
`Jef ey
`Colette A. Durst—Bark
`
`Oblon, Spivak, McC1elland,
`Maier & Neustadt, P.C.
`1940 Duke Street
`
`Alexandria, Virginia 22314
`(703) 413-3000
`fax (703) 413-2220
`e-mail: tmd0cket@obl0n.com
`
`Date: May 17,
`
`JHK/CDB/ssb
`
`{I:\ATW\JHK\GREENDOT\8228-246838US-OPP.Doc}
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`

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`EXHIBIT AEXHIBIT A
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`
`Goods and
`Services
`
`IC 023. US 043. G & S: yarn and thread, for textile use
`
`IC 001. US 001 005 006 010 026 046. G & S: chemicals used in industry, science, agriculture,
`horticulture and forestry, namely, chemical raw material, namely, chlorine, ammonia and boric acid for
`use in the manufacture of photographic film, fire extinguishing compositions and paper, test paper,
`sensitized paper for photography, photosensitive foils and films, sensitized cloth for photography,
`chemical reagents for scientific use, chemical cement preservatives and cements-waterproofing
`preparations, photographic paper, soda ash, alkaline iodides, aluminum iodides and bismuth nitrate for
`use in chemical industry, leather and textile impregnating chemicals, preparations for diagnosis for
`scientific purposes (in vitro), chemicals, namely, starch for use in the chemical industry, detergents for
`use in manufacture of plastics, paper and glass processes, filtering materials, namely, chemical, mineral
`or vegetable substances or ceramic materials or unprocessed plastics of chemical industry, mercury,
`antimony, alkaline and alkaline-earth metals, bauxite for industrial, corrosive chemical preparations,
`namely, corrosive preparations for metal, carbon dioxide snow in the nature of solid carbon dioxide for
`use in chemical industry, chemicals used in agriculture, namely, fertilizers and soil amendments,
`horticulture and forestry, photographic chemicals, unprocessed plastics, namely, unprocessed artificial
`resins, unprocessed plastics for use in chemical or recycling industry, manures; fire-extinguishing
`compositions; tempering chemicals for use in metal working; soldering chemicals; chemical substances,
`namely, sultite for preserving foodstuffs; tanning agents for use in the manufacture of leather; adhesives
`used in the chemical or recycling industry, namely, paper glue, wood glue, adhesives for wallpapers,
`cement for shoes and boots, mastic for leather, tree cavity fillers, adhesives for floor coverings, walls and
`ceilings
`
`IC 004. US 001 006 015. G & S: industrial oils and greases; industrial lubricants; petroleum-based stuff
`
`http://tess2.uspto.gov/bin/gate.exe?f=doc&state=rf7re8.7.2
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`absorbing, wetting and binding compositions for use in road building; fuel for motor vehicles, namely,
`gasoline and diesel; candles, wicks for oil lamps
`
`IC 007. US O13 O19 021 023 031 034 035. G & S: machines, namely, filling machines, elevators,
`excavators, bulldozers; printing presses; electric chopping machines; band conveyors; blowing engines
`for machines; cranes; electric milking machines; sewing machines; floor polishing machines; paper
`making machines and presses; power-operated machines for sharpening blades; cutting machines for
`bread and sausages; electric welding machines; textile machines; packaging machines; rolling mills;
`dishwashers; clothes washing machines; crushing machines; kitchen mixers; garbage disposal; machine
`tools, namely, lathes, milling machines, bandsaws; motors, namely, boat motors, airplane motors,
`machine motors; belts for machines; agricultural implements, namely, combines, harvesters, harrows,
`watering machines, manuring machine, sowing machine, planting machine; machines for cattle breeding
`and fish farming; incubators for eggs
`
`IC 010. US 026 039 044. G & S: surgical, medical, dental and veterinary apparatus and instruments,
`namely, special furniture for medical use, namely, operating tables; blood pressure measuring apparatus,
`hearing aids, scalpels, syringes, stethoscopes, EKG and EEG apparatus, X-ray units, medical saws,
`apparatus for infusions, namely, medical tubing, respirators, electrically heated cushions and blankets for
`medical purposes, incubators for babies, mechanical examination apparatus for medical use, namely,
`endoscopes, catheters, guidewires, ophthalmological apparatus, namely, optalmometers, ophthalmoscopes
`and eye droppers, pacemakers; dental instruments, namely, dental saws, dental drills, computer
`tomography hard and software for medical use, and veterinary apparatus and instruments, namely,
`artificial limbs, eyes and teeth; orthopedic articles, namely, sutures
`
`IC 011. US O13 021 023 031 034. G & S: lighting apparatus, namely, light bulbs, fluorescent lighting
`tubes, neon lighting tubes, oil lanterns, vehicle lights; heaters, namely, industrial water heaters, kerosene
`heaters, furnace boilers - steam generators; cooling apparatus, namely, air conditioners for home,
`industrial and vehicle use, electric fans; stoves and ovens, namely, microwave ovens, commercial ovens,
`gas ovens, gas burners, electrical stoves and commercial cooking ovens, coffee roasting ovens, electric
`coffee making machines for domestic use; refrigerators; dryers, namely, clothes and hand held electric
`hair dryers; oven ventilator hoods; water supply and sanitary apparatus, namely, faucets, toilets, bath tubs,
`drinking fountains, water filtering units for producing potable water for domestic, taps and waste
`purification units for sewerage
`
`IC 012. US 019 021 023 031 035 044. G & S: [[land, air and water vehicles, namely, bicycles, boats,
`canus; new and used automobiles; bicycles; airplanes; ships; motorboats; sailing boats; canoes; railway
`cars; motorcycles; tractors; vans; trucks; moped]]
`
`IC 013. US 002 009. G & S: firearms; ammunition and projectiles; explosives; fireworks
`
`IC 014. US 002 027 028 050. G & S: precious metals and their alloys sold in bulk; precious gemstones;
`jewelry; horological and chronometric instruments, namely, watches, clocks, chronometers, stopwatches
`
`IC 015. US 002 021 036. G & S: musical instruments
`
`IC 017. US 001 005 012 O13 035 050. G & S: rubber for use in the manufacture of tires, cable; asbestos
`for use in the manufacture of wall coverings; packing, cloth asbestos paper or mill boards, soles; mica for
`use as a filler in plastics, in the manufacture of electronic instruments, insulating plates; plastic packaging
`for shipping containers; insulating materials, namely, tape, plaster, glass wools, polyurethane foams;
`plumbing pipes of plastic
`
`IC 018. US 001 002 003 022 041. G & S: leather and imitation of leather sold in bulk; leather goods,
`namely, handbags, suitcases and other cases not adapted to the product they are intended to contain,
`
`http://tess2.uspto.gov/bin/gate.exe?f=doc&state=rf7re8.7.2
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`purses, pocket wallets, key cases; shopping bags; rucksacks; animal skins, hides, trunks and traveling
`bags, umbrellas, parasols and walking sticks, whips, harness and saddlery
`
`IC 019. US O01 012 033 050. G & S: non-metal building materials, namely, wood paneling, wood
`veneers, building glass, glass floor slabs and tiles, roofing tiles, bricks, wooden flooring, parquet flooring,
`non-metallic door frames, mortar, cement, gypsum, non agricultural lime, marble, stone, glass granules
`for marking roads, wood pulp board and paper board for building, asbestos cement and mortar, ceramic
`tiles, concrete; cement, earthenware or sandstone pipes; asphalt; bitumen asphalt; pitch; portable non-
`metal building
`
`IC 020. US 002 013 022 025 032 050. G & S: furniture; furniture mirrors; picture frames; ornaments of
`bone, ivory, plastic, wax, wood; sculptures of bone, ivory, plastic, wax, wood
`
`IC 022. US 001 002 007 019 022 042 050. G & S: ropes, string, commercial nets, namely, fishnet; tents,
`awnings of fabric and plastic, tarpaulins, sails, sacks and bags, namely, sailor's kit bag; packaging bags
`made of textile, namely, sacks for the transport and storage of materials in bulk; bags made of cloth;
`pudding and stuffing materials (except of rubber or plastics), ball of polystyrene; downy feathers, raw
`fibrous textile materials, namely, plastic fibers for textile use; artificial silk, raw silk
`
`IC 026. US 037 039 040 042 050. G & S: lace and embroidery, ribbons and braid; buttons, hooks and
`eyes, pins and needles; artificial flowers
`
`IC 027. US 019 020 037 042 050. G & S: carpets; rugs; rubber mats and plastic bath mats; linoleum for
`use on floors; non-textile wall hangings
`
`IC 028. US 022 023 038 050. G & S: games, namely, board games, card games, backgammon games sets,
`darts, dominoes; gymnastic apparatus; decorations for Christmas trees; toys, namely, educational toys,
`namely, toy building blocks, wooden toys, namely, construction toys, plastic toys, namely, toy action
`figures, dolls and accessories, doll houses, stuffed animals, mechanical toys, toy building blocks;
`marionettes
`
`IC 031. US 001 046. G & S: seeds for agricultural purposes, namely, flower, alfalfa, wheat, rye, corn,
`barley, beans, fruit, herbs; agricultural grains for planting; unprocessed grains for eating; live animals;
`malt for brewing and distilling
`
`IC 033. US 047 049. G & S: alcoholic beverages, namely, wines, distilled spirits, schnapps, vodka,
`whiskey, rum, gin, liqueurs, brandy, Vermouth, champagne, sake, scotch
`
`IC 035. US 100 101 102. G & S: cooperative and advertising marketing; business management and
`consultation
`
`Mark
`
`Drawing
`Code
`
`(2) DESIGN ONLY
`
`Design
`Search Code
`
`241501260109
`
`Serial
`Number
`
`Filing Date
`Current
`
`Filing Basis
`
`Original
`Filing Basis
`
`75037961
`
`December 27, 1995
`
`44E
`
`1B;44E
`
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`5/17/2004
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`
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`TESS - Document Display
`Publislied
`for
`Opposition
`
`May 12, 1998
`
`Registration
`Number
`
`2212057
`
`Page 4 0f4
`
`Registration
`Date
`
`Owner
`
`December 22, 1998
`
`(REGISTRANT) Duales System Deutschland Gesellschaft fur Abfallvermeidung und
`Sekundarrohstoffgewinnung mbh CORPORATION FED REP GERMANY Frankfiarter Strasse 720-726
`51145 Koln FED REP GERMANY
`
`A“‘g““‘°"‘ ASSIGNMENT RECORDED
`Recorded
`
`A“°"‘ey °f LESLIE BERTAGNOLLI
`Record
`
`Type °f
`Mark
`
`Register
`Live/Dead
`Indicator
`
`TRADEMARK. SERVICE MARK
`
`PRINCIPAL
`
`LIVE
`
`
`
`um
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`
`Latest Status Info
`Thank you for your request. Here are the latest results from the TARR web server.
`
`Page 1 of 7
`
`This page was generated by the TARR system on 2004-05-17 11:02:37 ET
`
`Serial Number: 75037961 Assignment Information
`
`Registration Number: 2212057 Assignment Information
`
`Mark
`
`
`
`Standard Character claim: No
`
`Current Status: Registered.
`
`Date of Status: 1998-12-22
`
`Filing Date: 1995-12-27
`
`Transformed into a National Application: No
`
`Registration Date: 1998- 1 2-22
`
`Register: Principal
`
`Law Office Assigned: TMEG Law Office 105
`
`If you are the applicant or applicant's attorney and have questions about this file, please contact the Trademark
`Assistance Center at TrademarkAssistanceCenter@uspto.gov
`
`Current Location: 900 -Warehouse (Newington)
`
`Date In Location: 1998-12-29
`
`LAST APPLICANT(S)/OWNER(S) OF RECORD
`
`1. Duales System Deutschland Gesellschaft fill‘ Abfallvermeidung und Sekundarrohstoffgewinnung mbh
`
`Address:
`
`Duales System Deutschland Gesellschaft fur Abfallvenneidung und Sekundarrohstoffgewinnung mbh
`Frankfurter Strasse 720-726
`51 145 Koln
`
`Fed Rep Germany
`Legal Entity Type: Corporation
`State or Country of Incorporation: Fed Rep Germany
`
`http ://tarr.uspto.goV/servlet/tarr?regse1=seria1&entry=7503 7961
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`5/17/2004
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`Page 2 of 7
`Latest Status Info
`
`
`GOODS AND/OR SERVICES
`
`chemicals used in industry, science, agriculture, horticulture and forestry, namely, chemical raw material, namely,
`chlorine, ammonia and boric acid for use in the manufacture of photographic film, fire extinguishing compositions and
`paper, test paper, sensitized paper for photography, photosensitive foils and films, sensitized cloth for photography,
`chemical reagents for scientific use, chemical cement preservatives and cements-waterproofing preparations,
`photographic paper, soda ash, alkaline iodides, aluminum iodides and bismuth nitrate for use in chemical industry,
`leather and textile impregnating chemicals, preparations for diagnosis for scientific purposes (in vitro), chemicals,
`namely, starch for use in the chemical industry, detergents for use in manufacture of plastics, paper and glass processes,
`filtering materials, namely, chemical, mineral or vegetable substances or ceramic materials or unprocessed plastics of
`chemical industry, mercury, antimony, alkaline and alkaline-earth metals, bauxite for industrial, corrosive chemical
`preparations, namely, corrosive preparations for metal, carbon dioxide snow in the nature of solid carbon dioxide for use
`in chemical industry, chemicals used in agriculture, namely, fertilizers and soil amendments, horticulture and forestry,
`photographic chemicals, unprocessed plastics, namely, unprocessed artificial resins, unprocessed plastics for use in
`chemical or recycling industry, manures; fire-extinguishing compositions; tempering chemicals for use in metal working;
`soldering chemicals; chemical substances, namely, sultite for preserving foodstuffs; tanning agents for use in the
`manufacture of leather; adhesives used in the chemical or recycling industry, namely, paper glue, wood glue, adhesives
`for wallpapers, cement for shoes and boots, mastic for leather, tree cavity fillers, adhesives for floor coverings, walls and
`ceilings
`International Class: 001
`
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
`industrial oils and greases; industrial lubricants; petroleum-based stuff absorbing, wetting and binding compositions for
`use in road building; fuel for motor vehicles, namely, gasoline and diesel; candles, wicks for oil lamps
`International Class: 004
`
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
`machines, namely, filling machines, elevators, excavators, bulldozers; printing presses; electric chopping machines; band
`conveyors; blowing engines for machines; cranes; electric milking machines; sewing machines; floor polishing
`machines; paper making machines and presses; power-operated machines for sharpening blades; cutting machines for
`bread and sausages; electric welding machines; textile machines; packaging machines; rolling mills; dishwashers; clothes
`washing machines; crushing machines; kitchen mixers; garbage disposal; machine tools, namely, lathes, milling
`machines, bandsaws; motors, namely, boat motors, airplane motors, machine motors; belts for machines; agricultural
`implements, namely, combines, harvesters, harrows, watering machines, manuring machine, sowing machine, planting
`machine; machines for cattle breeding and fish farming; incubators for eggs
`International Class: 007
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`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
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`Basis: 44(e)
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`surgical, medical, dental and veterinary apparatus and instruments, namely, special furniture for medical use, namely,
`operating tables; blood pressure measuring apparatus, hearing aids, scalpels, syringes, stethoscopes, EKG and EEG
`apparatus, X-ray units, medical saws, apparatus for infusions, namely, medical tubing, respirators, electrically heated
`cushions and blankets for medical purposes, incubators for babies, mechanical examination apparatus for medical use,
`namely, endoscopes, catheters, guidewires, ophthalmological apparatus, namely, optalmometers, ophthalmoscopes and
`eye droppers, pacemakers; dental instruments, namely, dental saws, dental drills, computer tomography hard and
`software for medical use, and veterinary apparatus and instruments, namely, artificial limbs, eyes and teeth; orthopedic
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`articles, namely, sutures
`International Class: 010
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`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
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`Basis: 44(e)
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`lighting apparatus, namely, light bulbs, fluorescent lighting tubes, neon lighting tubes, oil lanterns, vehicle lights;
`heaters, namely, industrial water heaters, kerosene heaters, furnace boilers — steam generators; cooling apparatus, namely,
`air conditioners for home, industrial and Vehicle use, electric fans; stoves and ovens, namely, microwave ovens,
`commercial ovens, gas ovens, gas burners, electrical stoves and commercial cooking ovens, coffee roasting ovens,
`electric coffee making machines for domestic use; refrigerators; dryers, namely, clothes and hand held electric hair
`dryers; oven ventilator hoods; water supply and sanitary apparatus, namely, faucets, toilets, bath tubs, drinking fountains,
`water filtering units for producing potable water for domestic, taps and waste purification units for sewerage
`International Class: 011
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`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
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`Basis: 44(e)
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`land, air and water vehicles, namely, bicycles, boats, canus; new and used automobiles; bicycles; airplanes; ships;
`motorboats; sailing boats; canoes; railway cars; motorcycles; tractors; vans; trucks; moped
`International Class: 012
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`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
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`Basis: 44(e)
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`firearms; ammunition and projectiles; explosives; fireworks
`International Class: 013
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`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
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`Basis: 44(e)
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`precious metals and their alloys sold in bulk; precious gemstones; jewelry; horological and chronometric instruments,
`namely, watches, clocks, chronometers, stopwatches
`International Class: 014
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`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
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`musical instruments
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`International Class: 015
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`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
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`Basis: 44(e)
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`rubber for use in the manufacture of tires, cable; asbestos for use in the manufacture of wall coverings; packing, cloth
`asbestos paper or mill boards, soles; mica for use as a filler in plastics, in the manufacture of electronic instruments,
`insulating plates; plastic packaging for shipping containers; insulating materials, namely, tape, plaster, glass wools,
`polyurethane foams; plumbing pipes of plastic
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`International Class: 017
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`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
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`Basis: 44(e)
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`leather and imitation of leather sold in bulk; leather goods, namely, handbags, suitcases and other cases not adapted to
`the product they are intended to contain, purses, pocket wallets, key cases; shopping bags; rucksacks; animal skins,
`hides, trunks and traveling bags, umbrellas, parasols and walking sticks, whips, harness and saddlery
`International Class: 018
`
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
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`non-metal building materials, namely, wood paneling, wood veneers, building glass, glass floor slabs and tiles, roofing
`tiles, bricks, wooden flooring, parquet flooring, non-metallic door frames, mortar, cement, gypsum, non agricultural
`lime, marble, stone, glass granules for marking roads, wood pulp board and paper board for building, asbestos cement
`and mortar, ceramic tiles, concrete; cement, earthenware or sandstone pipes; asphalt; bitumen asphalt; pitch; portable
`non-metal building
`International Class: 019
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`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
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`furniture; furniture mirrors; picture frames; ornaments of bone, ivory, plastic, wax, wood; sculptures of bone, ivory,
`plastic, wax, wood
`International Class: 020
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`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
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`Basis: 44(e)
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`ropes, string, commercial nets, namely, fishnet; tents, awnings of fabric and plastic, tarpaulins, sails, sacks and bags,
`namely, sailor‘s kit bag; packaging bags made of textile, namely, sacks for the transport and storage of materials in bulk;
`bags made of cloth; pudding and stuffing materials (except of rubber or plastics), ball of polystyrene; downy feathers,
`raw fibrous textile materials, namely, plastic fibers for textile use; artificial silk, raw silk
`International Class: 022
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`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
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`yarn and thread, for textile use
`International Class: 023
`
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
`lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
`International Class: 026
`
`First Use Date: (DATE NOT AVAILABLE)
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`First Use in Commerce Date: (DATE NOT AVAILABLE)
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`Basis: 44(e)
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`carpets; rugs; rubber mats and plastic bath mats; linoleum for use on floors; non-textile wall hangings
`International Class: 027
`
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
`games, namely, board games, card games, backgammon games sets, darts, dominoes; gymnastic apparatus; decorations
`for Christmas trees; toys, namely, educational toys, namely, toy building blocks, wooden toys, namely, construction toys,
`plastic toys, namely, toy action figures, dolls and accessories, doll houses, stuffed animals, mechanical toys, toy building
`blocks; marionettes
`International Class: 028
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`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
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`seeds for agricultural purposes, namely, flower, alfalfa, wheat, rye, corn, barley, beans, fruit, herbs; agricultural grains
`for planting; unprocessed grains for eating; live animals; malt for brewing and distilling
`International Class: 031
`
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
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`alcoholic beverages, namely, wines, distilled spirits, schnapps, vodka, whiskey, rum, gin, liqueurs, brandy, Vermouth,
`champagne, sake, scotch
`International Class: 033
`
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
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`cooperative and advertising marketing; business management and consultation
`International Class: 035
`
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
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`————————
`
`ADDITIONAL INFORMATION
`~_
`
`Foreign Registration Number: 39514625
`Foreign Registration Date: 1995-08-21
`Country: Fed Rep Germany
`Foreign Expiration Date: 2005-04-30
`
`m_m_
`
`MADRID PROTOCOL INFORMATION
`w
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`PROSECUTION HISTORY
`
`2002-1 1-29 - PAPER RECEIVED
`
`1998-12-22 - Registered - Principal Register
`
`1998-11-09 - ITU claim deleted
`
`1998-11-09 - Notice of Allowance canceled
`
`1998-08-04 - Notice of allowance - mailed
`
`1998-05-12 - Published for opposition
`
`1998-05-12 - Published for opp