The mark consists of the three dimensional trade dress design of a lower extremity ambulatory protective device for which the following aesthetic features are claimed: (a) multi-patterned bottom sole containing different textured patterns, namely, one black shaded oval with a large three-dimensional zig-zag pattern on the heel and another on the forefoot, each of which is surrounded by a second larger smooth white oval, with a shaded smooth black trapezoid between the larger ovals and a smaller three-dimensional zig-zag pattern in red surrounding the ovals and trapezoid, in addition to a white border featuring three-dimensional horizontal stripes surrounding the outside border of the sole at the forefoot and heel; (b) two-tone side sole featuring two parallel and horizontal white and black stripes that run along the entire circumference of the device. In the lower half, the white stripe splits by the heel to create a border for a black trapezoid shape. The white and black stripes also feature three-dimensional notching patterns to the right and left of the black trapezoid. This feature is symmetrical and appears on both the inner and outer portions of the sole; (c) A gray zig-zag pattern on the back left portion of the device that begins at the top of the device and travels down toward the sole, where it turns to the right and extends horizontally to the middle of the device. This feature is symmetrical and appears on both the back left and back right portions of the device; (d) three-dimensional red piped border outlining the zig-zag pattern on the back left portion of the device and the triple-notch shape on the front panel of the device. This feature is symmetrical and appears on both the left and right sides of the device; (e) Sixteen three-dimensional circle cut-outs on the right side of the upper portion of the device within the gray zig zag pattern; (f) seven large three-dimensional circles in a black rectangle box on the front upper portion of the device; (g) front panel of the device features a triple notch shape in black dark shade, with a light gray three-dimensional piped border outlining the notches. Each notch contains a piped three-dimensional trapezoid shape in black with a three-dimensional horizontal line in red a light shade within the trapezoid. The triple-notch shape creates two cutouts in the front panel. This feature is symmetrical and appears on both the right and left sides of the device. At the top center of the front panel, the word "DEFENDER" is displayed in red. The matter shown in broken lines, namely, the outline of the device along the front and rear panels are not part of the mark. The broken lines serve only to show the position or placement of the primary features of the trade dress.
Mark For: DEFENDER™ trademark registration is intended to cover the categories of
Research | OneLook Acronym Finder |
Serial Number | 97174496 |
Mark Literal Elements | DEFENDER |
Mark Drawing Type | 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S) |
Mark Type | Trademark |
Standard Character Claim | No |
Current Location | NEW APPLICATION PROCESSING 2021-12-20 |
Basis | 1(a) |
Class Status | ACTIVE |
Primary US Classes |
|
Primary International Class |
|
Filed Use | Yes |
Current Use | Yes |
Intent To Use | No |
Filed ITU | No |
44D Filed | No |
44E Current | No |
66A Current | No |
Current Basis | No |
No Basis | No |
Attorney Name | Kate Sherlock |
Attorney Docket Number | DEF044.15006 |
2019-05-06 | Date of First Use |
2019-05-06 | Date of Use In Commerce |
2021-12-16 | Application Filed |
2021-12-20 | Location: NEW APPLICATION PROCESSING |
2021-12-20 | Status: Live/Pending |
2021-12-20 | Status: New application will be assigned to an examining attorney approximately 6 months after filing date. |
2021-12-20 | Transaction Date |
Party: | Foot Defender, LLC |
Address | Suite 405 7000 SW 62nd Street South Miami, FLORIDA UNITED STATES 33143 |
Legal Entity Type | Limited Liability Company |
Legal Entity State | FLORIDA |
Application | 2021-12-16 | |
Drawing | 2021-12-16 | |
Specimen | 2021-12-16 |
26.03.02 | Ovals, plain single line; Plain single line ovals |
26.03.14 | Ovals, three or more; Three or more ovals |
26.03.17 | Concentric ovals; Concentric ovals and ovals within ovals; Ovals within ovals; Ovals, concentric |
26.03.21 | Ovals that are completely or partially shaded |
26.03.28 | Miscellaneous designs with overall oval shape, including amoeba |
26.11.21 | Rectangles that are completely or partially shaded |
26.11.28 | Miscellaneous designs with overall rectangular shape; Rectangular shapes (miscellaneous overall shape) |
26.13.02 | Plain single or multiple line quadrilaterals; Quadrilaterals (single line or multiple line) |
26.13.14 | Quadrilateral (three or more quadrilaterals); Three or more quadrilaterals |
26.13.21 | Quadrilaterals that are completely or partially shaded |
26.13.28 | Miscellaneous designs with overall quadrilateral shape; Quadrilateral shapes (miscellaneous overall shape) |
26.17.01 | Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s) |
26.17.05 | Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal |
26.17.06 | Bands, diagonal; Bars, diagonal; Diagonal line(s), band(s) or bar(s); Lines, diagonal |
26.17.10 | Lines, zig |
26.17.25 | Other lines, bands or bars |
090707 | Foot prints, human |
260302 | Ovals, plain single line; Plain single line ovals |
260314 | Ovals, three or more; Three or more ovals |
260317 | Concentric ovals; Concentric ovals and ovals within ovals; Ovals within ovals; Ovals, concentric |
260321 | Ovals that are completely or partially shaded |
260328 | Miscellaneous designs with overall oval shape, including amoeba |
261121 | Rectangles that are completely or partially shaded |
261128 | Miscellaneous designs with overall rectangular shape; Rectangular shapes (miscellaneous overall shape) |
261302 | Plain single or multiple line quadrilaterals; Quadrilaterals (single line or multiple line) |
261314 | Quadrilateral (three or more quadrilaterals); Three or more quadrilaterals |
261321 | Quadrilaterals that are completely or partially shaded |
261328 | Miscellaneous designs with overall quadrilateral shape; Quadrilateral shapes (miscellaneous overall shape) |
261701 | Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s) |
261705 | Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal |
261706 | Bands, diagonal; Bars, diagonal; Diagonal line(s), band(s) or bar(s); Lines, diagonal |
261710 | Lines, zig |
261725 | Other lines, bands or bars |
International Codes: | 10 |
U.S. Codes: | 026,039,044 |
Type Code | Type |
---|---|
CC0000 | The color(s) black, white, gray and red is/are claimed as a feature of the mark. |
DM0000 | The mark consists of the three dimensional trade dress design of a lower extremity ambulatory protective device in the nature of a boot for which the following aesthetic features are claimed: (a) multi-patterned bottom sole containing different textured patterns, namely, one black shaded oval with a large three-dimensional zig-zag pattern on the heel and another on the forefoot, each of which is surrounded by a second larger smooth white oval, with a shaded smooth black trapezoid between the larger ovals and a smaller three-dimensional zig-zag pattern in red surrounding the ovals and trapezoid, and three-dimensional horizontal stripes surrounding the outside border of the sole at the forefoot and heel; (b) two parallel and horizontal white and black stripes that run along the entire circumference of the device. In the lower half, the white stripe splits by the heel to create a border for a black trapezoid shape. The white and black stripes also feature three-dimensional notching patterns to the right and left of the black trapezoid. This feature is symmetrical and appears on both the inner and outer portions of the sole; (c) A gray zig-zag pattern on the back portion of the device that begins at the top of the device and travels down toward the sole, where it turns and extends horizontally to the middle of the device; (d) three-dimensional red piped border outlining the zig-zag pattern on the back portion of the device and the triple-tab shape on the front panel of the device; (e) Sixteen red three-dimensional circle cut-outs on the side of the upper portion of the device within the gray zig zag pattern; (f) seven large three-dimensional circles in a black rectangle box on the front upper portion of the device; (g) front panel of the device features a triple tab shape in black, with a gray three-dimensional piped border outlining the tabs. Each tab contains a piped three-dimensional trapezoid shape in black with a three-dimensional horizontal line in red within the trapezoid. The triple-tab shape creates two cutouts in the front panel. At the top center of the front panel, the word "DEFENDER" is displayed in red. The matter shown in broken lines, namely, the outline of the boot and the outline of the sole of the boot, do not form part of the mark. The broken lines serve only to show the position or placement of the primary features of the trade dress. Except for the foregoing claimed features, the thin light gray lines indicate lining or stippling and are not claimed as a feature of the mark. |
Description | Date | Proceeding Number |
---|---|---|
NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM | 2021-12-20 | |
NEW APPLICATION ENTERED IN TRAM | 2021-12-20 |
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