Trademark Trial and Appeal Board Electronic Filing System. 3935
`
`ESTTA Tracking number: ESTTA20353
`
`Filing date3
`
`12/01/2004
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated
`application.
`
`Opposer Information
`
`Name
`
`Der Grune Punkt-Duales System Deutschland AG
`
`Granted to
`
`D3“?
`of previous
`extension
`
`12/01/2004
`
`Frankfurter Strasse 720-726
`
`Address
`
`Koln, 51 145
`GERMANY
`
`Jeffrey H. Kaufman
`Oblon, Spivak, McClelland, Maier & Neustadt
`1940 Duke Street
`
`Attorney
`information
`
`Alexandria, VA 22314
`UNITED STATES
`
`tmd0cket@0bl0n. com, cdurst-barkey@0bl0n. com Ph0ne:703 -413-
`3000
`
`Applicant Information
`
`Application No 78118317
`
`P“b::;‘i°“
`
`ios/03/2004
`
`Opposition
`Filing Date
`
`12/01/2004
`
`Opposition
`Period Ends
`
`§
`112/01/2004
`
`Applicant
`
`Wening, Scott T.
`2960 Los Olivos Suite 100
`
`

`
`Oxnard, CA 93030
`UNITED STATES
`
`Goodsl Services Affected by Opposition
`
`All goods and sevices in the class are opposed, namely: ACOUSTICAL COMPOSITE
`INSULATING SHIELD FOR AUTOMOBILES
`
`Class 019.
`
`All goods and sevices in the class are opposed, namely: BUILDING MATERIALS,
`NAMELY, FIBERBOARD WHICH INCORPORATES RECYCLED SUBSTANCES
`SUCH AS POLYMERIC FIBERS AND EROSION CONTROL FABRIC
`
`Class 024.
`
`All goods and sevices in the class are opposed, namely: MATTRESS PADDING
`
`Class 027.
`
`All goods and sevices in the class are opposed, namely: CARPET CUSHION,
`NAMELY, CARPET PADDING
`
`Related
`Proceedings
`
`Opp. No. 91160649
`
`Date
`
`12/01/2004
`
`

`
`Attorney Docket No.2 256494US33
`
`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.
`
`%%\./%%/%%%\/\/\J\/
`
`Opposition No.:
`Appln. Serial No. 78/118,317
`
`Honorable Commissioner of Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3514
`
`NOTICE OF OPPOSITION
`
`Der Griine Punkt - Duales System Deutschland AG, is a corporation duly organized and
`
`existing under the laws of Germany, having its principal offices at Frankfurter Strasse 720-726,
`
`51145 Koln, Germany (hereinafier "Opposer"), believes it will be damaged by the issuance of a
`
`registration for the mark GREENDOT, as applied for in Application Serial No. 78/118,317 filed
`
`on March 29, 2002 by Applicant Scott T. Wening (“Applicant”), published for opposition in the
`
`Official Gazette of August 3, 2004 at Page TM 81.
`
`

`
`As grounds for opposition, Opposer alleges as follows:
`
`1.
`
`Opposer is a German company established to fulfill recycling obligations on
`
`behalf of industry and trade as specified in the German Packaging Ordinance of 1991. Since
`
`1991 Opposer has been known throughout the World as Der Griine Punkt, or its English
`
`equivalent, the GREEN DOT.
`
`2.
`
`In 1991, Opposer created a graphic design/syrnbol 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 Griine 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
`
`the world's most widely used and known trade marks, and is synonymous with Opposer, Der
`
`Griine Punkt, and the wording GREEN DOT.
`4.
`Since long prior to March 29, 2002,
`
`rXpplicant’s filing date and potential
`
`constructive use date, the public has attributed and continues to attribute, and Opposer has used
`
`and continues to use throughout the United States and throughout the world, the GREEN DOT
`
`word and design and the DER GRUNE PUNKT name (hereinafter the “GREEN DOT marks”) as
`
`a collective mark, service mark and trade name in connection with a variety of goods and
`
`services, as more fi11ly 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.
`
`

`
`5.
`
`Opposer is the owner of, and will rely herein, upon the following Federal
`
`Collective Mark registrations of its GREEN DOT design:
`
`MARK
`
`REGISTRATION NO.
`
`ISSUED
`
`®
`
`2,013,155
`
`November 5, 1996
`
`2,013,156
`
`2,212,057
`
`November 5, 1996
`
`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 primafacie evidence of Opposer's exclusive right to use the marks in commerce on the goods
`
`and services specified in said registrations, and goods and services related thereto.
`
`6.
`
`Opposer also has common law rights in its GREEN DOT marks and uses these
`
`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
`
`investment in promoting the goods and services covered by its GREEN DOT marks. Opposer
`
`and/or Opposer’s licensees, have extensively used, promoted and offered Opposer's and/or its
`
`licensees, goods and services bearing the GREEN DOT marks to the public through various
`
`channels of trade in commerce, with the result that consumers and the public in general have
`
`come to know and recognize Opposer's GREEN DOT marks and associate same with Opposer
`
`and/or goods sold or services offered by Opposer and/or its licensees. Opposer has built
`
`extensive goodwill based on this usage.
`
`

`
`8.
`
`Upon information and belief, notwithstanding Opposer's rights in and to its marks,
`
`on March 29, 2002, Applicant filed an application for registration of the alleged GREENDOT
`
`service mark for “acoustical composite insulating shield for automobiles,” “building materials,
`
`namely, fiberboard which incorporates recycled substances such as polymeric fibers and erosion
`
`99
`
`6‘
`
`control
`
`fabric,
`
`mattress padding” and “carpet cushion, namely, carpet padding.” Said
`
`application was assigned Serial No. 78/118,317 and was published for Opposition in the Official
`
`Gazette of August 3, 2004.
`
`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 goods of
`
`Applicant, to cause confusion or mistake or to deceive purchasers resulting in damage and
`
`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
`
`equivalent of Opposer’s GREEN DOT Design.
`
`11.
`
`Under the doctrine of foreign equivalents, a foreign word and the English
`
`equivalent may be found confusingly similar. Applicant’s GREENDOT mark is the English
`
`equivalent of Opposer’s trade name, Der Grfine Punkt.
`
`12.
`
`Upon information and belief, Opposer's and Applicant's goods will be offered,
`
`purchased and consumed by the same general class of purchasers.
`
`13.
`
`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
`
`Applicant's proposed goods to be marketed under Applicant's alleged GREENDOT trademark
`
`and misled into believing that such goods are produced by, emanate from, or are in some 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 Trademark
`
`Act , as amended, 15 U.S.C. §§ 1052 and 1053, and should be refixsed registration.
`
`14.
`
`Der Griine Punkt and its English equivalent THE GREEN DOT are names of an
`
`“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
`
`the name THE GREEN DOT and/or DER GRUNE PUNKT.
`
`16.
`
`Opposer is not affiliated or connected with Applicant, or with the goods for which
`
`Applicant seeks registration of the GREENDOT mark.
`
`17.
`
`Accordingly, registration of Applicant’s mark will
`
`fL1I'tl'16I‘ 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 refused 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. 78/118,317.
`
`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. 78/118,317
`
`

`
`be rejected, that no registration be issued thereon to Applicant, and that this Opposition be
`
`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 $1,200 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
`
` e frey
`
`. Kaufm
`Colette A. Durst-Barkey
`Oblon, Spivak, McClelland,
`Maier & Neustadt, P.C.
`1940 Duke Street
`
`Alexandria, Virginia 22314
`(703) 413-3000
`fax (703) 413-2220
`e-mail: tmdocket@oblon.com
`
`Date; December 1, 2004
`
`JHK/CDB/ssb
`
`{I:\ATl'Y\JHK\GREENDOT\8228-GREENDOTZUS-0PP.DOC}
`
`

`
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`fraiiemark Electronic Search System(Tess)
`TESS was last updated on Tue Nov 30 04:25:44 EST 2004
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`Record 1 out of 7
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` TA.RR contains current status, correspondence address and attorney ofrecordfor this mark.
`Use the "Back " button ofthe Internet Browser to return to TESS)
`
`
`
`Goods and
`Services
`
`IC 040. US 100 103 106. G & S: Recycling of packaging and waste materials using various
`energetic, physical and chemical methods
`
`Mark Drawing
`Code
`
`Design Search
`Code
`
`(2) DESIGN ONLY
`
`241501260102 260121
`
`Serial Number
`
`76271583
`
`Filing Date
`
`June 14, 2001
`
`Current Filing
`Basis
`
`44E
`
`Original Filing
`Basis
`
`_
`1B’44E
`
`g“b“s'.“?d f°"
`
`pposltion
`
`Registration
`Number
`
`June 3, 2003
`
`2868283
`
`Registration Date August 3, 2004
`Owner
`
`(REGISTRANT) Der Grune Punkt - Duales System Deutschland Aktiengesellschafi
`CORPORATION FED REP GERMANY Frankfurter Strasse 720-726 51145 Koln
`
`http ://tess2.uspto.gov/bin/gate.exe?f=doc&state=oa2tu4.3. 1
`
`1 1/3 0/2004
`
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`Record
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`Prior
`Registrations
`Type of Mark
`
`Register
`Live/Dead
`Indicator
`
`Cologne FED REP GERMANY
`
`JEFFREY H KAUFMAN
`
`2013 155
`SERVICE MARK
`
`PRINCIPAL
`
`LIVE
`
`
`
`:15"
`
`I—
`
`"’J(V:'hul
`
`HOME I INDEX I SEARCH I SYSTEM ALERTS I BUSINESS CENTER I NEWS&NOT|CE$ I
`CONTACT US I PRIVACY STATEMENT
`
`http://tess2.uspto. gov/bin/gate.exe?f=doc&state=oa2tu4.3 .1
`
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`Latest Status Info
`
`Page 1 Of 3
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`Thank you for your request. Here are the latest results from the $fl§L
`
`This page was generated by the TARR system on 2004-11-30 11:36:50 ET
`
`Serial Number: 76271583
`
`Registration Number: 2868283
`
`Mark
`
`
`
`Standard Character claim: No
`
`Current Status: Registered.
`
`Date of Status: 2004-08-03
`
`Filing Date: 2001-06-14
`
`Transformed into a National Application: No
`
`Registration Date: 2004-08-03
`
`Register: Principal
`
`Law Office Assigned: LAW OFFICE 110
`
`If you are the applicant or applicant's attorney and have questions about this file, please contact the
`Trademark Assistance Center at TrademarkAssistanceCenter@usptogov
`
`Current Location: 900 -File Repository (Franconia)
`
`Date In Location: 2004-08-09
`
`
`
`LAST APPLICANT(S)/OWNER(S) OF RECORD
`
`1. Der Grune Punkt - Duales System Deutschland Aktiengesellschafi
`
`Address:
`
`Der Grune Punkt - Duales System Deutschland Aktiengesellschaft
`Frankfurter Strasse 720-726 51145 Koln
`
`Cologne
`Fed Rep Germany
`
`http://tarr.uspto. gov/servlet/tarr?regseFseria1&entry=7627 1 5 83
`
`1 1/3 0/2004
`
`

`
`Latest Status Info
`
`Page 2 of 3
`
`Legal Entity Type: Corporation
`State or Country of Incorporation: Fed Rep Germany
`
`GOODS AND/OR SERVICES
`
`International Class: 040
`
`Recycling of packaging and waste materials using various energetic, physical and chemical methods
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
`ADDITIONAL INFORMATION
`
`Prior Registration Number(s):
`201 3 1 5 5
`
`Foreign Registration Number: 39514625
`Foreign Registration Date: 1995-08-21
`Country: Fed Rep Germany
`Foreign Expiration Date: 2005-04-30
`
`
`
`MADRID PROTOCOL INFORMATION
`
`(NOT AVAILABLE)
`
`
`
`PROSECUTION HISTORY
`
`2004-08-03 - Registered - Principal Register
`
`2004-02-18 - ITU claim deleted
`
`2004-02-26 - Notice of Allowance canceled
`
`2004-02-18 - PAPER RECEIVED
`
`2003-08-26 - Notice of allowance - mailed
`
`2003-06-03 - Published for opposition
`
`2003-05-14 - Notice of publication
`
`2003-03-17 - Communication received from applicant
`
`2002-11-29 - PAPER RECEIVED
`
`2002-11-05 - Approved for Pub - Principal Register (Initial exam)
`
`http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76271583
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`1 1/30/2004
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`Page 3 of 3
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`2002-10-17 — Previous allowance count withdrawn
`
`2002-08-20 - Approved for Pub - Principal Register (Initial exam)
`
`2002-06-18 - Examiner's amendment mailed
`
`2002-06-17 — Previous allowance count withdrawn
`
`2002-04-11 - Approved for Pub - Principal Register (Initial exam)
`
`2002-02-25 - Communication received from applicant
`
`2001-09-28 - Non-final action mailed
`
`2001-08-30 - Case file assigned to examining attorney
`
`
`
`CORRESPONDENCE INFORMATION
`
`
`Correspondent
`JEFFREY H KAUFMAN (Attorney of record)
`
`JEFFREY H KAUFMAN
`
`OBLON SPIVAK MCCLELLAND MAIER & NEUSTADT
`1940 DUKE STREET
`
`ALEXANDRIA, VA 22314-3454
`
`Phone Number: 703-413-3000
`
`Fax Number: 703-413-2220
`
`Domestic Representative
`Baker & McKenzie
`
`~
`
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`Goods and
`Services
`
`IC 029. US 046. G & S: meat; fish for food purposes, namely fresh, frozen and canned fish;
`chicken; turkey; food game; meat extracts; carmed, fresh and frozen fruit and vegetables; all
`preserved, dried, and cooked; meat, fish, fruit, and vegetable aspics; fruit preserves; eggs and
`milk; milk products, namely butter and cheese for consumer use; cream, yogurt, and milk
`powder for food use; edible oils and fats; salad oil; meat, fish, and vegetable preserves
`
`IC 002. US 006 011 016. G & S: paints, namely artistic paints, interior, exterior and household
`paint for commercial and domestic use; varnishes, lacquers * in the nature of a coating; and *
`wood preservatives and rust [ preservatives ] * preventatives* in the nature of a coating
`
`IC 003. US 001 004 006 050 051 052. G & S: detergents, namely automatic dishwashing, dish
`and laundry; detergent soap; laundry bleach; cleaners for use on glass, masonry, wood, plastic
`and porcelain; cleaning preparations for all purposes, including industrial cleaning; polish,
`namely chrome, floor, furniture, shoe and nails; perfume; perfume oils; essential oils for
`personal use or for use in air fresheners; products for body and beauty care, namely toilet soaps,
`deodorants, shaving cream, after-shave lotion, shampoo, hair mousse, hair spray, sunscreen, skin
`and body lotion; toothpaste
`
`IC 005. US 006 018 044 046 051 052. G & S: pharmaceutical and veterinary pharmaceutical
`products, namely antibiotics, anti-depressants, anti-inflarnmatories, decongestants, anti-
`depressants, hydrocortisone and muscle relaxants; veterinary vaccines for horses, cattle, sheep,
`
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`cats and dogs; health care preparations, namely cough syrup, dental rinses, medicated skin
`preparations; dietary products for children and the infirm, namely infant formula, laxatives, or
`dietary drink mix for use as a meal replacement; medical plasters; surgical bandages and
`bandages for skin wounds
`
`IC 006. US 002 012 013 014 023 025 050. G & S: metal pipe fittings
`
`IC 008. US 023 028 044. G & S: manually operated tools, namely hammers, shovels, axes,
`wrenches, screwdrivers, shears, and metal Vises; and table cutlery, namely forks, spoons, and
`knives
`
`IC 009. US 021 O23 026 036 038. G & S: electric household equipment, namely irons, Vacuum
`cleaners; equipment for recording, transmitting, and reproducing sound and pictures, namely
`video cameras, video recorders, audio cassette recorders, compact disc players, audio receivers
`and televisions; magnetic recording media, namely blank and pre-recorded video tape featuring
`movies, fitness videos, documentaries, sports programs, educational topics, and other topics of
`public interest, and blank and pre-recorded audio tape featuring music; phonograph records
`featuring music; data processing equipment and computers, namely personal computers,
`printers, modems, scanners, CD-ROM drives and calculators
`
`IC 016. US O02 O05 022 023 029 037 038 050. G & S: paper, namely computer, copy,
`newsprint, wrapping; cardboard; products made of paper and cardboard, namely towels, table
`napkins, and handkerchiefs; packaging and packaging materials of paper and cardboard, namely
`blister cards and plastic bubble packs for wrapping and packaging; printed products, namely
`newspapers, magazines featuring sports, fashion, news, entertainment, hobbies, and other topics
`of general interest, maps, calendars, greeting cards, art prints, catalogues featuring electronics,
`sporting goods, clothing, home furnishings, pet supplies, and other items of general interest, and
`tickets; stationery for commercial and household use; adhesives for paper and stationery;
`packaging and wrapping materials made of plastic, namely covers, bags and foil containers
`
`IC 021. US 002 013 023 029 030 033 040 050. G & S: small, manually operated devices and
`utensils for household and kitchen use, namely graters, non-electric juicers, bottle openers,
`pepper mills, cooking utensils, namely pots, pans, bakeware (not toys), strainers, and colanders,
`all for household use, corkscrews, fly-swatters, citrus squeezers, non-electric toothbrushes and
`whisks; containers for household or kitchen use, not made of metal or plated with precious
`metal; combs for hair; scouring pads and sponges for household use; brushes for clothes,
`cosmetics, dishwashing, fireplace, floor, shoe, toilet and not including paint brushes; artistic
`objects made of glass, procelain, and stoneware, namely figurines, busts, * and * sculptures;
`goods for household and kitchen made of glass, porcelain and stoneware, namely salad bowls,
`candlesticks, wine baskets, cruet stands for oil, flower pots, and salt shakers; packaging
`materials of glass, namely bottles sold empty; and serving utensils, namely serving spoons and
`serving forks
`
`IC 024. US 042 050. G & S: textile products, namely textile fabric made of cotton, polyester,
`nylon, woolen for men's, women's and children's clothing; household linen; tablecloths not of
`paper; bed linens
`
`IC 025. US 022 039. G & S: articles of clothing, namely jackets, shirts, pants, hosiery, T—shirts,
`sweat shirts, jogging suits, for men, women and children; shoes, headwear
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`IC 030. US 046. G & S: salad dressings; coffee; tea; cocoa; sugar; rice; tapioca; sago; chicory-
`based coffee substitutes; flour and grain products (excluding fodder), namely fruit pies, pasta,
`and processed cereals; bread; fine pastries; confectionery, namely cakes, chocolates and hard
`candies; ice cream; honey; molasses syrup; yeast; baking powder; salt; mustard; vinegar; sauces,
`namely barbecue, pizza and tartar; spices; ice for cooling purposes
`
`IC 032. US 045 046 048. G & S: beer; mineral water; non-alcoholic beverages, namely non-
`alcoholic malt beverage, namely beer substitute containing less than 0.5% alcohol; fruit
`beverages, namely apple cider, cherry cider, grape drink, lemonade, limeade; fi'uit juices; syrups
`for making soft drinks; products for preparing beverages, namely powdered mixes for making
`soft drinks
`
`IC 034. US 002 008 009 017. G & S: tobacco and tobacco products, namely cigars, cigarettes,
`cigarillos and chewing tobacco; articles for smokers, not made of or plated with precious metals,
`namely tobacco tins, ashtrays, pipes, pipe cleaners, lighters and matches
`
`IC 036. US 100 101 102. G & S: financing services, namely negotiating funds for investment in
`factories, plants, equipment, and services which specialize in the collection, transportation,
`sorting and use of waste and secondary raw materials, namely recyclable packaging and
`packaging materials made from glass, paper, cardboard, aluminum, plastic, and composites of
`paper, cardboard, plastic, and aluminum
`
`IC 039. US 100 105. G & S: transportation for others of waste and secondary raw materials,
`namely recyclable packaging and packaging materials made from glass, paper, cardboard,
`aluminum, plastic, and composites of paper, cardboard, plastic, and aluminum, by truck, rail and
`barge
`
`IC 042. US 100 101. G & S: sorting for others of waste and secondary raw materials, namely
`recyclable packaging and packaging materials made from glass, paper, cardboard, aluminum,
`plastic, and composites of paper, cardbaord, plastic, and aluminum, by means of chemical,
`physical, and/or biological process; consultation for consumers regarding the purchase, use, and
`disposal of ecologically compatible packaging and packaging materials
`
`IC 011. US 013 021 023 031 034. G & S: electric coffee makers for commercial and domestic
`use; and electric toasters
`
`IC 012. US 019 021 023 031 035 044. G & S: manually and machine operated apparatus and
`equipment for transporting waste and secondary raw materials, namely hand trucks, fork lifts,
`and motorized carts for transporting recyclable packaging material made from glass, paper,
`cardboard, aluminum, plastic, and composites of paper, plastic, cardboard, and aluminum
`
`IC 020. US 002 013 022 025 032 050. G & S: timber products, namely boxes, crates, artistic and
`decorative figurines, busts, sculptures; plastic goods, namely boxes, crates
`
`Mark
`
`Drawing
`Code
`
`(2) DESIGN ONLY
`
`Design
`Search Code 241501241510 260111260121
`
`Serial
`
`74648575
`
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`Number
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`Filing Date March 20, 1995
`Current
`Filing Basis 44E
`Original
`Filing Basis
`Published
`
`44D
`
`for
`Opposition
`
`C'‘‘‘.“g° 1?‘
`Registration
`
`Registration
`Number
`
`August 13, 1996
`
`CHANGE IN REGISTRATION HAS OCCURRED
`
`2013156
`
`R°gi“”‘“°“ November 5, 1996
`Date
`
`Owner
`
`(REGISTRANT) Duales System Deutschland Gesellschaft fur Abfallvermeidung und
`Sekundarrohstoffgewinnung mbH CORPORATION FED REP GERMANY Frankfurter Strasse
`720-726 51145 Koln FED REP GERMANY
`
`(LAST LISTED OWNER) DER GRUNE PUNKT - DUALES SYSTEM DEUTSCHLAND
`AKTIENGESELLSCHAFT PUBLIC LIMITED COMPANY BY ASSIGNMENT FED REP
`GERMANY FRANKFURTER STRASSE 720-726, 51145 KOLN COLOGNE FED REP
`GERMANY
`
`A“ig"'“°“‘ ASSIGNMENT RECORDED
`Recorded
`
`Attorney of
`Record
`
`JEFFREY H KAUFMAN
`
`Priority Date October 31, 1991
`
`331°‘
`
`COLLECTIVE TRADEMARK. COLLECTIVE SERVICE MARK
`
`PRINCIPAL
`
`Register
`Live/Dead
`Indicator
`LIVE
`
`
`
`
`HOME | INDEX | SEARCH I SYSTEM ALERTS | BUSINESS CENTER | NEWS&NOT|CES |
`CONTACT US | PRIVACY STATEMENT
`
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`Thank you for your request. Here are the latest results from the mL
`
`This page was generated by the TARR system on 2004-11-30 11:37:00 ET
`
`Serial Number: 74648575 Assignment Information
`
`Registration Number: 2013156 Assignment Information
`
`Mark
`
`
`
`Standard Character claim: No
`
`Current Status: Registered.
`
`Date of Status: 1996-11-05
`
`Filing Date: 1995-03-20
`
`Transformed into a National Application: No
`
`Registration Date: 1996-11-05
`
`Register: Principal
`
`Law Office Assigned: LAW OFFICE 104
`
`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: 834 -Post Registration
`
`Date In Location: 2004-11-02
`
`
`
`LAST APPLICANT(S)/OWNER(S) OF RECORD
`
`1. DER GRUNE PUNKT - DUALES SYSTEM DEUTSCHLAND AKTIENGESELLSCHAFT
`
`Address:
`
`DER GRUNE PUNKT - DUALES SYSTEM DEUTSCHLAND AKTIENGESELLSCHAFT
`FRANKFURTER STRASSE 720-726, 51145 KOLN
`COLOGNE
`
`Fed Rep Germany
`
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`Legal Entity Type: PUBLIC LIMITED COMPANY
`State or Country Where Organized: Fed Rep Germany
`
`
`GOODS AND/OR SERVICES
`
`International Class: 002
`
`paints, namely artistic paints, interior, exterior and household paint for commercial and domestic use; varnishes,
`lacquers in the nature of a coating; and wood preservatives and rust preventatives in the nature of a coating
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
`International Class: 003
`
`detergents, namely automatic dishwashing, dish and laundry; detergent soap; laundry bleach; cleaners for use on
`glass, masonry, wood, plastic and porcelain; cleaning preparations for all purposes, including industrial
`cleaning; polish, namely chrome, floor, fiimiture, shoe and nails; perfume; perfume oils; essential oils for
`personal use or for use in air fresheners; products for body and beauty care, namely toilet soaps, deodorants,
`shaving cream, after-shave lotion, shampoo, hair mousse, hair spray, sunscreen, skin and body lotion;
`toothpaste
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
`International Class: 005
`
`pharmaceutical and veterinary pharmaceutical products, namely antibiotics, anti—depressants, anti-
`inflammatories, decongestants, anti-depressants, hydrocortisone and muscle relaxants; veterinary vaccines for
`horses, cattle, sheep, cats and dogs; health care preparations, namely cough syrup, dental rinses, medicated skin
`preparations; dietary products for children and the infirm, namely infant formula, laxatives, or dietary drink mix
`for use as a meal replacement; medical plasters; surgical bandages and bandages for skin wounds
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
`International Class: 006
`
`metal pipe fittings
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
`International Class: 008
`
`manually operated tools, namely hammers, shovels, axes, wrenches, screwdrivers, shears, and metal vises; and
`table cutlery, namely forks, spoons, and knives
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
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`International Class: 009
`
`electric household equipment, namely irons, vacuum cleaners; equipment for recording, transmitting, and
`reproducing sound and pictures, namely video cameras, video recorders, audio cassette recorders, compact disc
`players, audio receivers and televisions; magnetic recording media, namely blank and pre-recorded video tape
`featuring movies, fitness videos, documentaries, sports programs, educational topics, and other topics of public
`interest, and blank and pre-recorded audio tape featuring music; phonograph records featuring music; data
`processing equipment and computers, namely personal computers, printers, modems, scarmers, CD-ROM drives
`and calculators
`
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
`International Class: 011
`
`electric coffee makers for commercial and domestic use; and electric toasters
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
`V
`
`International Class: 012
`
`manually and machine operated apparatus and equipment for transporting waste and secondary raw materials,
`namely hand trucks, fork lifts, and motorized carts for transporting recyclable packaging material made from
`glass, paper, cardboard, aluminum, plastic, and composites of paper, plastic, cardboard, and aluminum
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
`International Class: 016
`
`paper, namely computer, copy, newsprint, wrapping; cardboard; products made of paper and cardboard, namely
`towels, table napkins, and handkerchiefs; packaging and packaging materials of paper and cardboard, namely
`blister cards and plastic bubble packs for wrapping and packaging; printed products, namely newspapers,
`magazines featuring sports, fashion, news, entertainment, hobbies, and other topics of general interest, maps,
`calendars, greeting cards, art prints, catalogues featuring electronics, sporting goods, clothing, home
`furnishings, pet supplies, and other items of general interest, and tickets; stationery for commercial and
`household use; adhesives for paper and stationery; packaging and wrapping materials made of plastic, namely
`covers, bags and foil containers
`First Use Date: GDATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
`International Class: 020
`
`timber products, namely boxes, crates, artistic and decorative figurines, busts, sculptures; plastic goods, namely
`boxes, crates
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`Basis: 44(e)
`
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`International Class: 021
`
`small, manually operated devices and utensils for household and kitchen use, namely graters, non-electric
`juicers, bottle openers, pepper mills, cooking utensils, namely pots, pans, bakeware (not toys), strainers, and
`colanders, all for household use, corkscrews, fly-swatters, citrus squeezers, non-electric toothbrushes and
`whisks; containers for household or kitchen use, not made of metal or plated with precious metal; combs for
`hair; scouring pads and sponges for household use; brushes for clothes, cosmetics, dishwashing, fireplace, floor,
`shoe, toilet and not including paint brushes; artistic objects made of glass, procelain, and stoneware, namely
`figurines, busts, and sculptures; goods for household and kitchen made of glass, porcelain and stoneware,
`namely salad bowls, candlesticks, wine baskets, cruet stands for oil, flower pots, and salt shakers; packaging
`materials of glass, namely bottles sold empty; and serving utensils, namely serving spoons and serving forks
`First