Trademark: 76347406
Status Date
Friday, June 30, 2023
Registration Number
2680402
Registration Date
Tuesday, January 28, 2003
Filing Date
Wednesday, December 12, 2001
Published for Opposition
Tuesday, November 5, 2002
10 earplugs for medical use
The mark consists of randomly dispersed longitudinal color streaks and swirls. The design of the earplug, shown on the drawing in broken lines, serves to show positioning of the mark and no claim is made to it.
Submitted therewith is a Declaration of Jonathan Sokol an attorney for Applicant in a lawsuit against a third party for infringement of the miscellaneous design mark which is the subject of this application. Attached to the Sokol Declaration are Declarations of Bernard Mishkin and Fred Ryan, the Vice-Presidents of Marketing and Sales for Applicants demonstrating the extensive sales, advertising and promotion of the product and product recognition by customers. Also as indicated in the Sokol declaration, the court in the trademark infringement action granted Applicant's Motion for a Preliminary Injunction stating that Applicant was "likely to succeed in its showing of secondary meaning". In addition, the mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.
The lining in the mark is for shading purposes only and does not indicate a particular color.
Jun 30, 2023
Notice Of Acceptance Of Sec. 8 & 9 - E-Mailed
Jun 30, 2023
Registered And Renewed (Second Renewal - 10 Yrs)
Jun 30, 2023
Registered - Sec. 8 (10-Yr) Accepted/Sec. 9 Granted
Jun 30, 2023
Case Assigned To Post Registration Paralegal
Dec 5, 2022
Teas Section 8 & 9 Received
May 11, 2022
Applicant/Correspondence Changes (Non-Responsive) Entered
May 11, 2022
Teas Change Of Correspondence Received
May 11, 2022
Attorney/Dom.Rep.Revoked And/Or Appointed
May 11, 2022
Teas Revoke/App/Change Addr Of Atty/Dom Rep Received
May 11, 2022
Teas Change Of Owner Address Received
Jan 28, 2022
Courtesy Reminder - Sec. 8 (10-Yr)/Sec. 9 E-Mailed
Sep 14, 2015
Notice Of Suit
Apr 23, 2015
Notice Of Suit
Feb 12, 2013
Notice Of Acceptance Of Sec. 8 & 9 - E-Mailed
Feb 12, 2013
Registered And Renewed (First Renewal - 10 Yrs)
Feb 12, 2013
Registered - Sec. 8 (10-Yr) Accepted/Sec. 9 Granted
Feb 11, 2013
Case Assigned To Post Registration Paralegal
Jan 24, 2013
Teas Section 8 & 9 Received
Nov 22, 2011
Withdrawal Of Attorney Granted
Nov 22, 2011
Teas Withdrawal Of Attorney Received
Aug 4, 2008
Notice Of Suit
Jun 26, 2008
Case File In Ticrs
Mar 3, 2008
Assigned To Paralegal
Feb 26, 2008
Teas Section 8 & 15 Received
Aug 20, 2005
Review Of Correspondence Complete
Feb 16, 2005
Fax Received
Jan 28, 2003
Registered-Principal Register
Nov 5, 2002
Published For Opposition
Oct 16, 2002
Notice Of Publication
Aug 20, 2002
Approved For Pub - Principal Register
Jun 4, 2002
Correspondence Received In Law Office
Mar 12, 2002
Non-Final Action Mailed
Feb 22, 2002
Assigned To Examiner
Trademark Alertz updated from USPTO on 2030-01-24
