THE UPSIDE Trademark

Trademark Overview


On Wednesday, November 21, 2012, a trademark application was filed for THE UPSIDE with the United States Patent and Trademark Office. The USPTO has given the THE UPSIDE trademark a serial number of 79975297. The federal status of this trademark filing is NOT AVAILABLE as of Thursday, November 19, 2020. This trademark is owned by Kashmeares Pty Ltd. The THE UPSIDE trademark is filed in the Cosmetics & Cleaning Products, Computer & Software Products & Electrical & Scientific Products, Paper & Printed Material Products, Leather Products, Clothing & Apparel Products, Floor Covering Products, Toys & Sporting Goods Products, Advertising, and Business and Retail Services categories with the following description:

Cosmetics, beauty products and skin care products, namely, skin moisturising creams and lotions, anti-wrinkle creams and lotions, lanolin based creams and lotions, and emu oil based creams and lotions; sunscreens and sun protection creams and lotions; lip balms; lipsticks; soaps, bath soaps and moisturizing soaps; shampoos, hair conditioners, hair lotions, hair gels and hair creams; essential oils, namely, primrose oil, jojoba oil, eucalyptus oil and tea-tree oil; perfumery and eau de cologne; after shave creams and lotions; bath oils and bath salts; talcum powder; toothpastes and dentifrices; toiletries, namely, deodorants and mouthwashes; tissues and wipes impregnated with cosmetic lotions or perfumed preparations

Sunglasses, spectacles, frames for spectacles and sunglasses, binoculars; cases for sunglasses and spectacles; cords for sunglasses and spectacles; pre-recorded CD's, DVD's and flash drives, all featuring content and information relating to yoga, fitness, health, sport and fashion; electrical and electronic apparatus, namely, sensors for scientific use to be worn by a human to gather human biometric data; MP3 players; headphones and ear plugs for attachment to electric apparatus for playing music; Downloadable electronic publications in the nature of catalogues, brochures, journals, periodicals and books in the field of yoga, fitness, health, sport and fashion; protective clothing, protective headgear and protective footwear, namely, protective helmets; swimming goggles

Printed materials, namely, books, booklets, posters, calendars, and diaries, all of the foregoing in the field of yoga, fitness, health, sport and fashion; photographs, postcards, and greeting cards; instructional and teaching materials and manuals in the field of yoga, fitness, health, sport and fashion; adhesives, namely, adhesive notepads, adhesive address labels, adhesive stickers, and adhesives for stationery purposes; decals; gift wrapping paper; stationery

Backpacks, rucksacks, duffel bags, overnight bags, luggage, wallets, purses, umbrellas, suitcases, and bags in the nature of travel bags, tote bags, daypacks, shoulder bags, travel packs, school packs, briefcases, toiletry bags sold empty, waist bags and bags for sports; accessories in this class for the aforesaid goods, namely, luggage tags and straps for luggage

Clothing for men, women, children and infants, namely, T-shirts, shirts, blouses, singlets, shorts, board shorts, trousers, jeans, pants, leggings, jackets, hooded sweatshirts, skirts, dresses, sweaters, raincoats, socks, underwear, sleepwear and lingerie; swimwear, namely, swimming costumes, bikinis and rash shirts; wetsuits, wetsuit booties, wetsuit gloves, wetsuit hoods and wetsuit vests; footwear, namely, shoes, boots, thongs, sandals and socks; headgear, namely, sun visors, beanies, caps, and caps for surfing; accessories in this class for clothing, footwear and headgear, namely, belts and neckties; swimming caps

Yoga mats

Sporting products, namely, body training apparatus and weight lifting machines for exercising and strengthening various parts of the body, namely, chest, back, shoulders, arms, abdominals and legs; gymnastic products, namely, balance beams, pommel horses and climbing frames; yoga equipment, namely, yoga blocks and stretch bands for use with yoga; surf craft, balls for sport; bags specifically designed for sporting equipment

Retail store, online retail store, and wholesale store services relating to clothing, swimwear, sleepwear, underwear, lingerie, footwear, headgear, sporting goods, recreational goods, exercise equipment, yoga mats, yoga equipment, cosmetics, soaps, perfumery, body care preparations, hair care preparations, pushbikes, games, playthings, sunglasses, jewellery, wristbands, precious stones, watches, stationery, magazines, electronic magazines provided online, journals, electronic journals provided online, books, electronic books provided online, calendars, diaries, greeting cards, posters, luggage, backpacks, rucksacks, bags, giftware, homewares, furniture, furnishings, bedding, cutlery, crockery, glassware, coffee mugs, candles, towels, tea towels, umbrellas, camping equipment, rugs, mats, yarns, threads, herbal teas, coffee, beverages, non-alcoholic beverages, health foods and snack foods; marketing and advertising services; consultation, advisory and information services in relation to ...

General Information


Serial Number79975297
Word MarkTHE UPSIDE
Filing DateWednesday, November 21, 2012
Status707 - NOT AVAILABLE
Status DateThursday, November 19, 2020
Registration Number4582431
Registration DateTuesday, August 12, 2014
Mark Drawing4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form
Published for Opposition DateTuesday, May 27, 2014
Attorney NameTracy Deutmeyer
Law Office Location CodeM40
Employee NameDESAI, BRIN ANDERSON
CorrespondentTracy Deutmeyer
Fredrikson & Byron, P.A.
505 East Grand Ave, Suite 200
Des Moines, IA 50309

Trademark Statements


Goods and ServicesCosmetics, beauty products and skin care products, namely, skin moisturising creams and lotions, anti-wrinkle creams and lotions, lanolin based creams and lotions, and emu oil based creams and lotions; sunscreens and sun protection creams and lotions; lip balms; lipsticks; soaps, bath soaps and moisturizing soaps; shampoos, hair conditioners, hair lotions, hair gels and hair creams; essential oils, namely, primrose oil, jojoba oil, eucalyptus oil and tea-tree oil; perfumery and eau de cologne; after shave creams and lotions; bath oils and bath salts; talcum powder; toothpastes and dentifrices; toiletries, namely, deodorants and mouthwashes; tissues and wipes impregnated with cosmetic lotions or perfumed preparations
Goods and ServicesSunglasses, spectacles, frames for spectacles and sunglasses, binoculars; cases for sunglasses and spectacles; cords for sunglasses and spectacles; pre-recorded CD's, DVD's and flash drives, all featuring content and information relating to yoga, fitness, health, sport and fashion; electrical and electronic apparatus, namely, sensors for scientific use to be worn by a human to gather human biometric data; MP3 players; headphones and ear plugs for attachment to electric apparatus for playing music; Downloadable electronic publications in the nature of catalogues, brochures, journals, periodicals and books in the field of yoga, fitness, health, sport and fashion; protective clothing, protective headgear and protective footwear, namely, protective helmets; swimming goggles
Goods and ServicesPrinted materials, namely, books, booklets, posters, calendars, and diaries, all of the foregoing in the field of yoga, fitness, health, sport and fashion; photographs, postcards, and greeting cards; instructional and teaching materials and manuals in the field of yoga, fitness, health, sport and fashion; adhesives, namely, adhesive notepads, adhesive address labels, adhesive stickers, and adhesives for stationery purposes; decals; gift wrapping paper; stationery
Goods and ServicesBackpacks, rucksacks, duffel bags, overnight bags, luggage, wallets, purses, umbrellas, suitcases, and bags in the nature of travel bags, tote bags, daypacks, shoulder bags, travel packs, school packs, briefcases, toiletry bags sold empty, waist bags and bags for sports; accessories in this class for the aforesaid goods, namely, luggage tags and straps for luggage
Goods and ServicesClothing for men, women, children and infants, namely, T-shirts, shirts, blouses, singlets, shorts, board shorts, trousers, jeans, pants, leggings, jackets, hooded sweatshirts, skirts, dresses, sweaters, raincoats, socks, underwear, sleepwear and lingerie; swimwear, namely, swimming costumes, bikinis and rash shirts; wetsuits, wetsuit booties, wetsuit gloves, wetsuit hoods and wetsuit vests; footwear, namely, shoes, boots, thongs, sandals and socks; headgear, namely, sun visors, beanies, caps, and caps for surfing; accessories in this class for clothing, footwear and headgear, namely, belts and neckties; swimming caps
Goods and ServicesYoga mats
Goods and ServicesSporting products, namely, body training apparatus and weight lifting machines for exercising and strengthening various parts of the body, namely, chest, back, shoulders, arms, abdominals and legs; gymnastic products, namely, balance beams, pommel horses and climbing frames; yoga equipment, namely, yoga blocks and stretch bands for use with yoga; surf craft, balls for sport; bags specifically designed for sporting equipment
Goods and ServicesRetail store, online retail store, and wholesale store services relating to clothing, swimwear, sleepwear, underwear, lingerie, footwear, headgear, sporting goods, recreational goods, exercise equipment, yoga mats, yoga equipment, cosmetics, soaps, perfumery, body care preparations, hair care preparations, pushbikes, games, playthings, sunglasses, jewellery, wristbands, precious stones, watches, stationery, magazines, electronic magazines provided online, journals, electronic journals provided online, books, electronic books provided online, calendars, diaries, greeting cards, posters, luggage, backpacks, rucksacks, bags, giftware, homewares, furniture, furnishings, bedding, cutlery, crockery, glassware, coffee mugs, candles, towels, tea towels, umbrellas, camping equipment, rugs, mats, yarns, threads, herbal teas, coffee, beverages, non-alcoholic beverages, health foods and snack foods; marketing and advertising services; consultation, advisory and information services in relation to the aforementioned services

Classification Information


International Class003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
US Class Codes001, 004, 006, 050, 051, 052
Class Status CodeG - NOT AVAILABLE
Class Status DateThursday, November 19, 2020
Primary Code003
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

International Class009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; 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.
US Class Codes021, 023, 026, 036, 038
Class Status Code6 - Active
Class Status DateWednesday, September 4, 2013
Primary Code009
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

International Class016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.
US Class Codes002, 005, 022, 023, 029, 037, 038, 050
Class Status Code6 - Active
Class Status DateWednesday, September 4, 2013
Primary Code016
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

International Class018 - Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
US Class Codes001, 002, 003, 022, 041
Class Status Code6 - Active
Class Status DateWednesday, September 4, 2013
Primary Code018
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

International Class025 - Clothing, footwear, headgear.
US Class Codes022, 039
Class Status Code6 - Active
Class Status DateWednesday, September 4, 2013
Primary Code025
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

International Class027 - Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
US Class Codes019, 020, 037, 042, 050
Class Status CodeG - NOT AVAILABLE
Class Status DateThursday, November 19, 2020
Primary Code027
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

International Class028 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
US Class Codes022, 023, 038, 050
Class Status CodeG - NOT AVAILABLE
Class Status DateThursday, November 19, 2020
Primary Code028
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

International Class035 - Advertising; business management; business administration; office functions.
US Class Codes100, 101, 102
Class Status Code6 - Active
Class Status DateWednesday, September 4, 2013
Primary Code035
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

Trademark Owner History


Party NameThe Upside Corporation Pty Ltd
Party Type30 - Original Registrant
Legal Entity Type99 - Other
Address98 Barcom Avenue, Darlinghurst
New South Wales 2010
AU

Party NameKashmeares Pty Ltd
Party Type20 - Owner at Publication
Legal Entity Type99 - Other
Addressc/o Custom Accounting
PO BOX 509
Cootamundra NSW 2590
AU

Party NameKashmeares Pty Ltd
Party Type10 - Original Applicant
Legal Entity Type99 - Other
Addressc/o Custom Accounting
PO BOX 509
Cootamundra NSW 2590
AU

Trademark Events


Event DateEvent Description
Thursday, November 19, 2020NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED
Thursday, November 19, 2020REGISTERED - PARTIAL SEC 71 ACCEPTED
Tuesday, November 17, 2020CASE ASSIGNED TO POST REGISTRATION PARALEGAL
Wednesday, June 24, 2020TEAS SECTION 71 RECEIVED
Wednesday, October 9, 2019COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED
Monday, August 12, 2019COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED
Thursday, May 7, 2015CHANGE OF NAME/ADDRESS REC'D FROM IB
Friday, March 6, 2015FINAL DECISION TRANSACTION PROCESSED BY IB
Friday, February 13, 2015NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB
Tuesday, January 27, 2015GENERIC MADRID TRANSACTION SENT TO IB
Tuesday, January 27, 2015GENERIC MADRID TRANSACTION CREATED
Wednesday, November 12, 2014FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB
Thursday, August 28, 2014CHANGE OF NAME/ADDRESS REC'D FROM IB
Tuesday, August 12, 2014REGISTERED-PRINCIPAL REGISTER
Tuesday, May 27, 2014OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
Tuesday, May 27, 2014PUBLISHED FOR OPPOSITION
Friday, May 23, 2014NOTIFICATION PROCESSED BY IB
Wednesday, May 7, 2014NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB
Wednesday, May 7, 2014NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB
Wednesday, May 7, 2014NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
Wednesday, April 23, 2014LAW OFFICE PUBLICATION REVIEW COMPLETED
Wednesday, April 23, 2014ASSIGNED TO LIE
Tuesday, April 1, 2014APPROVED FOR PUB - PRINCIPAL REGISTER
Tuesday, March 18, 2014NOTICE OF DIVIDED TRADEMARK APPLICATION MAILED
Friday, March 14, 2014EXAMINER'S AMENDMENT ENTERED
Friday, March 14, 2014NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
Friday, March 14, 2014EXAMINERS AMENDMENT E-MAILED
Friday, March 14, 2014EXAMINERS AMENDMENT -WRITTEN
Friday, March 14, 2014DIVISIONAL PROCESSING COMPLETE
Wednesday, March 12, 2014DIVISIONAL REQUEST RECEIVED
Thursday, March 13, 2014TEAS/EMAIL CORRESPONDENCE ENTERED
Wednesday, March 12, 2014CORRESPONDENCE RECEIVED IN LAW OFFICE
Wednesday, March 12, 2014TEAS RESPONSE TO OFFICE ACTION RECEIVED
Thursday, March 13, 2014CASE ASSIGNED TO INTENT TO USE PARALEGAL
Wednesday, March 12, 2014TEAS REQUEST TO DIVIDE RECEIVED
Tuesday, March 11, 2014ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Tuesday, March 11, 2014TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Monday, September 30, 2013REFUSAL PROCESSED BY IB
Thursday, September 12, 2013NON-FINAL ACTION MAILED - REFUSAL SENT TO IB
Thursday, September 12, 2013REFUSAL PROCESSED BY MPU
Thursday, September 12, 2013NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW
Wednesday, September 11, 2013NON-FINAL ACTION WRITTEN
Tuesday, September 10, 2013APPLICATION FILING RECEIPT MAILED
Wednesday, September 4, 2013ASSIGNED TO EXAMINER
Wednesday, September 4, 2013NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
Tuesday, September 3, 2013LIMITATION FROM ORIGINAL APPLICATION ENTERED
Thursday, August 29, 2013SN ASSIGNED FOR SECT 66A APPL FROM IB