Trademark Filing

Barnes & Noble Booksellers, Inc.

Application Filed: 2019-08-27
Trademark Application Details
Trademark Logo

The mark consists of an apple in the shape of a heart. The apple is in the color red with two green leaves on top.

Mark For: This trademark registration is intended to cover the categories of downloadable computer software and downloadable computer software applications for providing instructions and information access for temporarily reading, purchasing, storing, and sharing books, e-books, and digital content, namely, eCourses, worksheets, hand-outs, assignments, journals, activity books, quizzes, tests, and study guides on a variety of elementary, middle-school, high school, and college-level educational subjects and topics; downloadable electronic publications in the nature of digital files, PDF files, e-books, electronic documents, digital audio files, digital video files, digital animation files, podcast files, multimedia files, worksheets, hand-outs, assignments, journals, activity books, quizzes, tests, study guides, teacher lesson plans, and downloadable eCourses educational material all in the fields and featuring educational instruction and information on a variety of elementary, middle-school, high school, and college-level educational subjects and topics, namely, STEAM and STEM subject matter, reading, literature, Shakespeare, Math, Algebra, Calculus, Trigonometry, Geometry, Chemistry, Organic Chemistry, Biology, Microbiology, Physics, Astronomy, Computer Science, Geology, History, Psychology, Philosophy, Economics, Film, Health, Art History, Language, Foreign languages, English, English as a second language, Sign Language, Spanish, French, Italian, German, Hebrew, Japanese, Chinese, Latin, Law, Anatomy, Medicine, Nursing, Music, Marketing, Macroeconomics, Accounting, Mythology, Women's Studies, Sociology, and standardized educational proficiency examination preparation; downloadable electronic publications, namely, series of fiction and non-fiction e-books on a variety of topics; downloadable publications, namely fiction and non-fiction children's e-books, toddler e-books, beginner reader e-books, young-reader e-books, teen e-books, and e-books featuring Christmas, Easter, Jewish, Muslim, and other religious holiday stories; downloadable publications, namely, picture e-books; downloadable educational publications, namely, electronic educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, manuals, and educational electronic booklets in the fields of STEAM and STEM subject matter, reading, writing, language, mathematics, history, and science. [all]

>The color(s) red and green is/are claimed as a feature of the mark. The mark consists of an apple in the shape of a heart. The apple is in the color red with two green leaves on top.

Status

2020-02-12 UTC
LIVE APPLICATION Published for Opposition
A pending trademark application has been examined by the Office and has been published in a way that provides an opportunity for the public to oppose its registration.


Research OneLook Acronym Finder
Serial Number88594410
Mark Literal ElementsNone
Mark Drawing Type2 - AN ILLUSTRATION DRAWING WITHOUT ANY WORDS(S)/ LETTER(S)/NUMBER(S)
Mark TypeTRADEMARK. SERVICE MARK
Standard Character ClaimNo
RegisterPRINCIPAL
Current LocationPUBLICATION AND ISSUE SECTION 2020-02-03
Basis1(b)
Class StatusACTIVE
Primary US Classes
  • 021: Electrical Apparatus, Machines and Supplies
  • 023: Cutlery, Machinery, Tools and Parts Thereof
  • 026: Measuring and Scientific Appliances
  • 036: Musical Instruments and Supplies
  • 038: Prints and Publications
Primary International Class
  • 009 - Primary Class
  • (Electrical and scientific apparatus) Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
Filed UseNo
Current UseNo
Intent To UseYes
Filed ITUYes
44D FiledNo
44E CurrentNo
66A CurrentNo
Current BasisNo
No BasisNo
Attorney NameTodd Braverman, Esq.
Attorney Docket NumberT-7004-09-US
Law Office AssignedL90
Employee NameLATTUCA, FRANK J

Timeline

2019-08-27Application Filed
2019-12-23Location: PUBLICATION AND ISSUE SECTION
2019-12-23Status: Live/Pending
2019-12-24Transaction Date
2020-01-28Published for Opposition
2020-01-28Status: Application has been published for opposition. The opposition period begins on the date of publication.
2020-02-03Location: PUBLICATION AND ISSUE SECTION
2020-03-10Published

Trademark Parties (Applicants & Owners)

Party: BARNES & NOBLE BOOKSELLERS, INC.
Address122 Fifth Avenue New York, NEW YORK UNITED STATES 10011
Legal Entity TypeCorporation
Legal Entity StateDELAWARE
Party: BARNES & NOBLE BOOKSELLERS, INC.
Address122 Fifth Avenue New York DE 10011
Legal Entity Type
Legal Entity StateDE

*multiple parties listed, check assignment documents for ownership information

Design Search Codes

05.03.08More than one leaf, including scattered leaves, bunches of leaves not attached to branches
05.09.05Apples
021113Hearts used as backgrounds or carriers
050308More than one leaf, including scattered leaves, bunches of leaves not attached to branches
050905Apples

Attorney of Record

TODD BRAVERMAN, ESQ.
PEARL COHEN ZEDEK LATZER BARATZ LLP
1500 BROADWAY, 12TH FLOOR
NEW YORK, NY 10036

Good, Services, and Codes


IC 009. US 021 023 026 036 038. G & S: Downloadable computer software and downloadable computer software applications for providing instructions and information access for temporarily reading, purchasing, storing, and sharing books, e-books, and digital content, namely, eCourses, worksheets, hand-outs, assignments, journals, activity books, quizzes, tests, and study guides on a variety of elementary, middle-school, high school, and college-level educational subjects and topics; downloadable electronic publications in the nature of digital files, PDF files, e-books, electronic documents, digital audio files, digital video files, digital animation files, podcast files, multimedia files, worksheets, hand-outs, assignments, journals, activity books, quizzes, tests, study guides, teacher lesson plans, and downloadable eCourses educational material all in the fields and featuring educational instruction and information on a variety of elementary, middle-school, high school, and college-level educational subjects and topics, namely, STEAM and STEM subject matter, reading, literature, Shakespeare, Math, Algebra, Calculus, Trigonometry, Geometry, Chemistry, Organic Chemistry, Biology, Microbiology, Physics, Astronomy, Computer Science, Geology, History, Psychology, Philosophy, Economics, Film, Health, Art History, Language, Foreign languages, English, English as a second language, Sign Language, Spanish, French, Italian, German, Hebrew, Japanese, Chinese, Latin, Law, Anatomy, Medicine, Nursing, Music, Marketing, Macroeconomics, Accounting, Mythology, Women's Studies, Sociology, and standardized educational proficiency examination preparation; downloadable electronic publications, namely, series of fiction and non-fiction e-books on a variety of topics; downloadable publications, namely fiction and non-fiction children's e-books, toddler e-books, beginner reader e-books, young-reader e-books, teen e-books, and e-books featuring Christmas, Easter, Jewish, Muslim, and other religious holiday stories; downloadable publications, namely, picture e-books; downloadable educational publications, namely, electronic educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, manuals, and educational electronic booklets in the fields of STEAM and STEM subject matter, reading, writing, language, mathematics, history, and science
IC 016. US 002 005 022 023 029 037 038 050. G & S: Publications, namely, educational publications for beginning readers, namely, non-fiction books, reference books, dictionaries, worksheets, hand-outs, assignments, journals, activity books, printed quizzes, printed tests, study guides, teacher lesson plans, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, teacher manuals, and educational booklets featuring instruction and information on a variety of elementary, middle-school, high school, and college-level educational subjects and topics; series of fiction and non-fiction books on a variety of topics; blank paper journals and sketchbooks; fiction and non-fiction children's books, toddler books, beginner reader books, young-reader books, teen books, and books featuring Christmas, Easter, Jewish, Muslim, and other religious holiday stories; picture books; educational publications, namely, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, manuals, and educational booklets in the fields of STEM and STEAM subject matter, reading, writing, language, mathematics, history, and science; school supplies, namely, erasers, binders, presentation folders, notepads, writing paper pads, blank paper, ruled paper, loose-leaf paper, blank notebooks, markers, paper staplers, paper staple removers, stationery, calendars, desktop organizers, rubber stamps and ink pads, binder and paper clips, dispensers for adhesive tape for stationery or household purposes, pen and pencil holders, stationery cases and holders, file trays for desk accessories, book covers, book ends, book holders, book marks, book plates, paper weights for books, paper weights, push pins, paper clips, sketchbooks, scratch pads, address books, and dry erase writing boards; educational activity kits sold as a unit comprised of children's arts and crafts paper kits, pens, pencils, paint brushes, erasers, markers, stickers, printed activity sheets, toys, books, workbooks, paper stationery pads, printed photos, printed puzzles, temporary tattoo transfers, and coloring books; children's activity kits, namely, hobby craft kits comprised of drawing paper; arts and craft paint kits; canvas for painting; craft and activity kits for children, namely, arts and craft paint kits; craft and activity kits for children for painting and decorating wooden objects, consisting primarily of paint and paint brushes, and wooden objects to be painted; paint brushes, educational activity kits comprised of activity cards, books, teacher's guides, and digital content in the nature of prerecorded educational videos for learning and temporary use of non-downloadable interactive educational computer application software for learning, and supporting manipulative teaching materials for educational activities in the fields of STEM and STEAM subject matter, science, technology, engineering, and mathematics; educational activity kits comprised of activity cards, books, teacher's guides, and digital content in the nature of prerecorded educational videos for learning and temporary use of non-downloadable interactive educational computer application software for learning, and supporting manipulative teaching materials for educational activities in the fields of STEM and STEAM subject matter, science, technology, engineering, and mathematics; educational and multimedia activity kits comprising of flash cards, workbooks, jigsaw puzzles, bulletin boards, posters, art paper, construction paper, arts and crafts paint kits, pen cases, drawing rulers, bookmarks, book plates, book covers, note pads, desk pads, stencils, file folders, rubber stamps, paper bags, art prints; color prints; lithographic prints; photographic prints; decorative stickers; stationery, namely, writing paper, note cards, post cards, diaries, pens, pencils, pencil cases, paper stationery portfolios, binders, notebooks; calendars; photographs; decals and stickers; educational activity kits comprising, school supplies, namely, erasers, binders, presentation folders, notepads, writing paper pads, blank paper, ruled paper, loose-leaf paper, blank notebooks, markers, paper staplers, paper staple removers, stationery, calendars, desktop organizers, rubber stamps and ink pads, binder and paper clips, dispensers for adhesive tape for stationery or household purposes, pen and pencil holders, stationery cases and holders, file trays for desk accessories, book covers, book ends, book holders, book marks, book plates, paper weights for books, paper weights, push pins, paper clips, sketchbooks, scratch pads, address books, and dry erase writing boards
IC 035. US 100 101 102. G & S: Retail store and online retail bookstore services featuring downloadable electronic publications in the nature of digital files, PDF files, e-books, electronic documents, digital audio files, digital video files, digital animation files, podcast files, multimedia files, worksheets, hand-outs, assignments, journals, activity books, quizzes, tests, study guides, teacher lesson plans, and eCourses featuring educational instruction and information on a variety of elementary, middle-school, high school, and college-level educational subjects and topics, namely, STEM and STEAM subject matter, reading, literature, Shakespeare, Math, Algebra, Calculus, Trigonometry, Geometry, Chemistry, Organic Chemistry, Biology, Microbiology, Physics, Astronomy, Computer Science, Geology, History, Psychology, Philosophy, Economics, Film, Health, Art History, Language, Foreign languages, English, English as a second language, Sign Language, Spanish, French, Italian, German, Hebrew, Japanese, Chinese, Latin, Law, Anatomy, Medicine, Nursing, Music, Marketing, Macroeconomics, Accounting, Mythology, Women's Studies, Sociology, and standardized educational proficiency examination preparation; retail store and online retail store services featuring publications, namely, educational publications for beginning readers, non-fiction books, reference books, dictionaries, worksheets, hand-outs, assignments, journals, activity books, printed quizzes, printed tests, study guides, teacher lesson plans, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, teacher manuals, and educational booklets featuring instruction and information on a variety of elementary, middle-school, high school, and college-level educational subjects and topics; retail and online retail bookstore services featuring a series of fiction and non-fiction books on a variety of topics; retail store and online retail store services featuring blank paper journals and sketchbooks, fiction and non-fiction children's books, toddler books, beginner reader books, young-reader books, teen books, and books featuring Christmas, Easter, Jewish, Muslim, and other religious holiday stories, picture books, educational publications, namely, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, manuals, and educational booklets in the fields of STEM and STEAM subject matter, reading, writing, language, mathematics, history and science; retail and online retail bookstore services featuring school supplies, namely, erasers, binders, presentation folders, notepads, writing paper pads, blank paper, ruled paper, loose-leaf paper, blank notebooks, markers, paper staplers, paper staple removers, stationery, calendars, desktop organizers, rubber stamps and ink pads, binder and paper clips, dispensers for adhesive tape for stationery or household purposes, pen and pencil holders, stationery cases and holders and file trays for desk accessories, book covers, book ends, book holders, book marks, book plates, paper weights for books, paper weights, push pins, paper clips, sketchbooks, scratch pads, address books, and dry erase writing boards; retail and online retail bookstore services featuring educational activity kits sold as a unit comprised of children's arts and crafts paper kits, pens, pencils, paint brushes, erasers, markers, stickers, printed activity sheets, toys, books, workbooks, paper stationery pads, printed photos, printed puzzles, temporary tattoo transfers, and coloring books, children's activity kits, namely, hobby craft kits comprised of drawing paper, arts and craft paint kits, canvas for painting, craft and activity kits for children, namely, arts and craft paint kits, craft and activity kits for children for painting and decorating wooden objects, consisting primarily of paint and paint brushes, and also containing wooden objects to be painted; retail store and online retail store services featuring educational activity kits comprised of activity cards, books, teacher's guides, digital content in the nature of prerecorded educational videos for learning and temporary use of non-downloadable interactive educational computer application software for learning, and supporting manipulative teaching materials for educational activities in the fields of STEM and STEAM subject matter, science, technology, engineering, and mathematics; retail store and online retail store services featuring educational activity kits comprised of activity cards, books, teacher's guides, digital content in the nature of prerecorded educational videos for learning and temporary use of non-downloadable interactive educational computer application software for learning, and supporting manipulative teaching materials for educational activities in the fields of STEM and STEAM subject matter, science, technology, engineering, and mathematics; retail store and online retail store services featuring educational and multimedia activity kits comprising of flash cards, workbooks, jigsaw puzzles, bulletin boards, posters, art paper, construction paper, arts and crafts paint kits, pen cases, drawing rulers, bookmarks, book plates, book covers, note pads, desk pads, stencils, file folders, rubber stamps, paper bags, art prints, color prints, lithographic prints, photographic prints, decorative stickers, stationery, namely, writing paper, note cards, post cards, diaries, pens, pencils, pencil cases, paper stationery portfolios, binders, notebooks, calendars, photographs, decals, and stickers; retail store and online retail store services featuring educational activity kits comprising, school supplies, namely, erasers, binders, presentation folders, notepads, writing paper pads, blank paper, ruled paper, loose-leaf paper, blank notebooks, markers, paper staplers, paper staple removers, stationery, calendars, desktop organizers, rubber stamps and ink pads, binder and paper clips, dispensers for adhesive tape for stationery or household purposes, pen and pencil holders, stationery cases and holders, file trays for desk accessories, book covers, book ends, book holders, book marks, book plates, paper weights for books, paper weights, push pins, paper clips, sketchbooks, scratch pads, address books, and dry erase writing boards
IC 041. US 100 101 107. G & S: educational services, namely, providing online academic information for the purpose of academic study, online instruction, and online interactive educational classes, seminars, conferences, lectures, and workshops via a global computer information network in the fields of STEM and STEAM subject matter, reading, writing, language, mathematics, history, and science, and distributing course material therewith, namely, fiction and non-fiction children's books, toddler books, beginner reader books, young-reader books, teen books, and books featuring Christmas, Easter, Jewish, Muslim, religious holiday stories, picture books, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, manuals, and educational booklets
IC 042. US 100 101. G & S: Software as a Service (SaaS) services, namely, providing temporary access to non-downloadable computer software via pre-paid subscriptions, web-based access, cloud-based access, and non-downloadable online instruction and information access for temporarily reading, purchasing, storing, and sharing books and digital content on a variety of topics, namely, worksheets, hand-outs, assignments, journals, activity books, quizzes, tests, and study guides on a variety of elementary, middle-school, high school, and college-level educational subjects and topics; Software as a Service (SaaS) service, namely, providing temporary access to non-downloadable computer software via pre-paid subscriptions, web-based access, cloud-based access, and non-downloadable online instruction and information access for temporarily reading, purchasing, storing, and sharing books and digital content on a variety of topics, namely, digital files, PDF files, e-books, electronic documents, digital audio files, digital video files, digital animation files, podcast files, multimedia files, worksheets, hand-outs, assignments, journals, activity books, quizzes, tests, study guides, teacher lesson plans, and eCourses featuring educational instruction and information on a variety of elementary, middle-school, high school, and college-level educational subjects and topics, namely, fiction and non-fiction books, STEM and STEAM subject matter, reading, literature, Shakespeare, Math, Algebra, Calculus, Trigonometry, Geometry, Chemistry, Organic Chemistry, Biology, Microbiology, Physics, Astronomy, Computer Science, Geology, History, Psychology, Philosophy, Economics, Film, Health, Art History, Language, Foreign languages, English, English as a second language, Sign Language, Spanish, French, Italian, German, Hebrew, Japanese, Chinese, Latin, Law, Anatomy, Medicine, Nursing, Music, Marketing, Macroeconomics, Accounting, Mythology, Women's Studies, Sociology, and standardized educational proficiency examination preparation; Software as a Service (SaaS) services, namely, providing temporary access to non-downloadable computer software provided via pre-paid subscriptions, web-based access, cloud-based access, and non-downloadable online instruction and information access for temporarily reading, purchasing, storing, and sharing books and digital content on a variety of elementary, middle- school, high school, and college-level educational subjects and topics, namely, fiction and non-fiction books, graphic novels, comics, picture books, teen fiction, horror and suspense, mystery and crime, music, movies, television, entertainment and popular culture, poetry, romance, school life, science fiction in the nature of digital files, PDF files, e-books, electronic documents, digital audio files, digital video files, digital animation files, podcast files, multimedia files, worksheets, hand-outs, assignments, journals, activity books, quizzes, tests, study guides, teacher lesson plans, and eCourses; Software as a Service (SaaS) service, namely, providing temporary access to non-downloadable computer software provided via pre-paid subscriptions, web-based access, cloud-based access, and non-downloadable online instruction and information access for temporarily reading, purchasing, storing, and sharing books and digital content, namely, fiction and non-fiction books on Christmas, Easter, Jewish, Muslim, and other religious holiday stories; Software as a Service (SaaS) service, namely, providing temporary access to non-downloadable computer software via pre-paid subscriptions, web-based access, cloud-based access, and non-downloadable online instruction and information access for temporarily reading, purchasing, storing, and sharing books and digital content, namely, picture books, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, teacher guides, manuals, and educational booklets in the fields of STEM and STEAM subject matter, reading, writing, language, mathematics, history, and science

International Codes:9
U.S. Codes:021,023,026,036,038
International Codes:16
U.S. Codes:002,005,022,023,029,037,038,050
International Codes:35
U.S. Codes:100,101,102
International Codes:41
U.S. Codes:100,101,107
International Codes:42
U.S. Codes:100,101
Type CodeType
CC0000The color(s) red and green is/are claimed as a feature of the mark.

Trademark Filing History

DescriptionDateProceeding Number
LETTER OF PROTEST EVIDENCE REVIEWED-NO FURTHER ACTION TAKEN2020-02-0382430
PUBLISHED FOR OPPOSITION2020-01-28
OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED2020-01-28
LETTER OF PROTEST ACCEPTED2020-01-28
NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED2020-01-08
APPROVED FOR PUB - PRINCIPAL REGISTER2019-12-19
TEAS/EMAIL CORRESPONDENCE ENTERED2019-12-1888889
TEAS RESPONSE TO OFFICE ACTION RECEIVED2019-12-17
CORRESPONDENCE RECEIVED IN LAW OFFICE2019-12-1788889
NOTIFICATION OF NON-FINAL ACTION E-MAILED2019-12-106325
NON-FINAL ACTION WRITTEN2019-12-1082430
NON-FINAL ACTION E-MAILED2019-12-106325
PREVIOUS ALLOWANCE COUNT WITHDRAWN2019-12-08
WITHDRAWN FROM PUB - OG REVIEW QUERY2019-11-2699910
ASSIGNED TO LIE2019-11-1370468
NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED2019-11-076328
EXAMINERS AMENDMENT E-MAILED2019-11-076328
EXAMINERS AMENDMENT -WRITTEN2019-11-0782430
EXAMINER'S AMENDMENT ENTERED2019-11-0788888
APPROVED FOR PUB - PRINCIPAL REGISTER2019-11-07
TEAS/EMAIL CORRESPONDENCE ENTERED2019-11-0688889
TEAS RESPONSE TO OFFICE ACTION RECEIVED2019-11-06
CORRESPONDENCE RECEIVED IN LAW OFFICE2019-11-0688889
TEAS/EMAIL CORRESPONDENCE ENTERED2019-10-2988889
TEAS RESPONSE TO OFFICE ACTION RECEIVED2019-10-28
NOTIFICATION OF NON-FINAL ACTION E-MAILED2019-10-286325
NON-FINAL ACTION WRITTEN2019-10-2882430
NON-FINAL ACTION E-MAILED2019-10-286325
CORRESPONDENCE RECEIVED IN LAW OFFICE2019-10-2888889
ASSIGNED TO EXAMINER2019-10-2482430
NOTICE OF DESIGN SEARCH CODE E-MAILED2019-09-12
NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM2019-09-11
NEW APPLICATION ENTERED IN TRAM2019-08-30

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