marks published for opposition - U.S. Patent and Trademark Office

JULY 17, 2012 U.S. PATENT AND TRADEMARK OFFICE TM 331
SN 85-539,393. KIWI CRATE, INC., MOUNTAIN VIEW, CA.
FILED 2-10-2012.
THE MARK CONSISTS OF KIWI BIRD DESIGN.
CLASS 28—TOYS AND SPORTING GOODS
FOR CHILDREN’S MULTIPLE ACTIVITY TOYS AND
CRAFT SETS SOLD AS A UNIT; CHILDREN’S EDUCA-
TIONAL TOYS FOR DEVELOPING COGNITIVE SKILLS,
COUNTING SKILLS, FINE MOTOR SKILLS, IMAGINA-
TIVE PLAY, AND LANGUAGE (U.S. CLS. 22, 23, 38 AND
50).
FIRST USE 7-26-2011; IN COMMERCE 8-11-2011.
CLASS 35—ADVERTISING AND BUSINESS
FOR ONLINE RETAIL STORE SERVICES FEATUR-
ING CHILDREN’S INSTRUCTIONAL, EDUCATIONAL,
AND TEACHING MATERIALS FOR EDUCATIONAL
ACTIVITIES, NAMELY, MULTIPLE ACTIVITY TOYS
AND CRAFT SETS SOLD AS A UNIT AND CHILDREN’S
EDUCATIONAL TOYS FOR DEVELOPING COGNITIVE
SKILLS, COUNTING SKILLS, FINE MOTOR SKILLS,
IMAGINATIVE PLAY, AND LANGUAGE (U.S. CLS. 100,
101 AND 102).
FIRST USE 7-26-2011; IN COMMERCE 8-11-2011.
TINA L. SNAPP, EXAMINING ATTORNEY
SN 85-539,522. CAPT. PEACOCK YACHTS & EXPEDITIONS,
INC., ARLINGTON, TX. FILED 2-10-2012.
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO
USE "YACHTS & EXPEDITIONS", APART FROM THE
MARK AS SHOWN.
THE NAME "CAPT PEACOCK" DOES NOT IDENTIFY
THE NAME OF A LIVING INDIVIDUAL
THE COLOR(S) GREEN, LIGHT GREEN, DARK GREEN,
ORANGE, LIGHT ORANGE, YELLOW, BLUE-GREY,
BLACK, BLUE, AND WHITE IS/ARE CLAIMED AS A
FEATURE OF THE MARK.
THE MARK CONSISTS OF A LEAPING PEACOCK BASS
FACING TO THE RIGHT. THE PEACOCK BASS’ BODY IS
SHADED A DARK GREEN AT THE TOP, FADING TO-
WARD A LIGHT GREEN AS YOU MOVE DOWN VERTI-
CALLY. AT THE MIDDLE OF THE BODY IT TURNS TO A
YELLOW BEFORE TURNING TO A LIGHT ORANGE. THE
BOTTOM OF THE BASS BODY IS WHITE. THE TOP AND
SIDE FINS ARE SHADED BLUE-GRAY. THE TAIL FIN IS
SHADED BLUE-GRAY ON THE TOP AND ORANGE ON
THE BOTTOM. THE BOTTOM FINS ARE ORANGE. THERE
ARE THREE VERTICAL BLACK STRIPES ON THE BODY
OF THE BASS. THERE IS A BLACK SPLOTCH ON THE
TAIL OF THE BASS. THERE ARE MULTIPLE BLACK
SPLOTCHES LOCATED NEAR THE GILLS AND FACE OF
THE BASS. THE EYE OF THE BASS IS A BLACK PUPIL
SURROUNDED BY AN ORANGE EYEBALL. THE LIPS OF
THE FISH ARE GREEN WITH WHITE HIGHLIGHTS AND
THE INSIDE OF THE MOUTH IS WHITE. THE BASS SITS
OVER A STYLIZED TERM "CAPT" IN BLACK LETTERING.
BENEATH "CAPT" IS A TERM "PEACOCK" IN BLACK
STYLIZED LETTERING. BENEATH THE WORD "PEA-
COCK" IS THE WORDING "YACHTS & EXPEDITIONS"
SHOWN IN WHITE STYLIZED LETTERING CONTAINED
IN SOLID BLUE QUADRILATERAL CARRIER WITH A
THIN LIGHT GREEN BORDER ON THE BOTTOM.
CLASS 25—CLOTHING
FOR BASEBALL CAPS AND HATS; FISHING SHIRTS;
T-SHIRTS (U.S. CLS. 22 AND 39).
FIRST USE 11-1-2010; IN COMMERCE 11-1-2010.
CLASS 39—TRANSPORTATION AND STO-
RAGE
FOR CONDUCTING FISHING CHARTERS; PROVIDE
A WEBSITE FOR THE ARRANGEMENT AND BOOKING
OF ECO-TRAVEL AND ECO-TOURS; PROVIDING IN-
FORMATION ON FISHING EXPEDITIONS; TOUR CON-
DUCTING; TOUR ORGANISING (U.S. CLS. 100 AND
105).
FIRST USE 11-1-2010; IN COMMERCE 11-1-2010.
LINDA E. BLOHM, EXAMINING ATTORNEY
SN 85-539,720. THE NEST AND CRADLE, INC., MIAMI, FL.
FILED 2-10-2012.
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO
USE "CRADLE", APART FROM THE MARK AS SHOWN.
THE MARK CONSISTS OF THE WORDS "THE NEST &
CRADLE" WITH A DESIGN OF A BIRDS NEST ABOVE THE
WORDS "THE NEST & CRADLE".
CLASS 25—CLOTHING
FOR CHILDREN’S CLOTHING, NAMELY, DRESSES,
JUMPERS, BODY SUITS, PANTS, SHORTS, ROMPERS,
SHIRTS, BLOUSES, PAJAMAS (U.S. CLS. 22 AND 39).
FIRST USE 3-26-2009; IN COMMERCE 4-11-2011.