The mark consists of the color(s) gray, black, blue, green, white, yellow and red, with the color gray appearing in the right arm, top right portion of the torso, the left armpit, the legs, and the right shoe of the bear design, the color black appearing in the eyebrows, mouth, tongue, nose, pupils, and borders of the eye irises of the bear design, the color blue appearing in the eye irises of the bear design, the color green appearing in the body of the bear design, the color white appearing in the eye whites, eye irises, teeth, light reflections, border of the tongue, shorts, and shoes of the bear design, the color yellow appearing in the shorts and shoes of the bear design, and the color red appearing in the lettering of the wording "GUMMY BEAR".
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9
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.
(based on use; first use anywhere and in commerce: july 2007) downloadable audio and video files, multimedia files and text files; (based on use; first use anywhere and in commerce: november 2007) audio recordings and discs featuring music; (based on use; first use anywhere and in commerce: november 2007) digital materials, namely, cds and dvds and digital audio and video discs featuring music and video animation prerecorded audio and video cassettes; (based on intent to use) video game interactive hand held remote controls for playing electronic games; electronic game software; electronic sound devices containing pre-recorded sounds for placement in toys, digital cameras; karaoke players, on-line discussion boards, webcasts and podcasts featuring music, fitted plastic films known as skins for covering and providing a scratch proof barrier or protection for electronic devices
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10
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
(based on intent to use) baby bottles and pacifiers
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16
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.
(based on use; first use anywhere and in commerce: june 2008) posters and stickers; (based on intent to use) autograph books; baby books; birthday books; book marks; brag books; children's books; coloring books; comic books; composition books; educational publications, namely, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, puzzle books, printed puzzles, teacher's guides, manuals, posters and educational booklets in the field of language arts; printed greeting cards with electronic information stored therein; protective covers for books; role playing game equipment in the nature of game book manuals; song and music books
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25
Clothing, footwear, headgear.
(based on intent to use) men's, women's and children's clothing
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28
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees
(based on intent to use) toys and playthings namely, bathtub toys; battery operated action toys; children's multiple activity toys; molded plastic and metal toy action figures; inflatable toys; plush and stuffed toys; drawing and sketching toys; toy with internal audio; toy and novelty face masks; toy balloons; toy boxes; toy mobiles; toy watches; electronic learning toys; dress up accessories
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30
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice
(based on intent to use) candy, cookies and crackers