Owner The Baby Einstein Company, LLC a Colorado limited liability company

Service Shelston IP

Various Provisions of paragraph 44(3)(b) applied.

Filing Date 30 July 2002

Class 3 Cosmetics; cleaning preparations excluding cleaning preparations primarily marketed for use in connection with camping, fishing or hunting; toiletries; soaps excluding soaps primarily marketed for use in connection with camping, fishing or hunting; perfumery; hair lotions; bath powder, body powder; cologne; lip gloss, lip balm; body lotion, hand lotion; nail polish; bubble bath; toilet water; essential oils; bleaching preparations and other substances for laundry use; polishing, scouring and abrasive preparations; dentifrices

Class 9 Electrical and scientific apparatus; photographic equipment; flashlights; radios; teaching apparatus and instruments; pre-recorded audio cassettes; compact discs; digital video discs (DVDs); computer software; magnets, films, motion picture films; laser video discs; pre-recorded video cassettes; computer games, interactive computer games, computer game cartridges; video game cartridges, computer game discs; none of the aforementioned goods having themes predominantly related to hunting, fishing poles, fishing reels, fishing tackle, or camping products; nautical, surveying, cinematographic, weighing, measuring, signalling, checking (supervision), life-saving apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus; decorative fridge magnets; but excluding marine products, diving gear, swimming gear and inflatable devices for swimming and towing that are primarily marketed for fishing, hunting or camping in this class

Class 14 Jewellery; clocks; watches; precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; precious stones; horological and chronometric instruments

Class 16 Paper goods; paper articles; cardboard and cardboard articles; printed matter, publications, books excluding printed matter, publications and books which have themes predominantly relating to hunting, fishing poles, fishing reels, fishing tackle, or camping products; photographs; stationery; office and school supplies; address books; photograph albums; appliques in the form of decalcomanias; appointment books; art and craft paint kits; autograph books; baby books; paper party goods; posters; gift wrap; calendars; bookmarks; gift cards, greeting cards; cartoons; pen and pencil cases; decorative paper centre pieces; chalk; children's activity books excluding children's activity books which have themes predominantly relating to hunting, fishing poles, fishing, reels, fishing tackle, or camping products; modelling clay; paper tablecloths; colouring books. excluding colouring books which have themes predominantly relating to hunting, fishing poles, fishing reels, fishing tackle or camping products; comic strips; stickers, excluding stickers which have themes predominantly relating to hunting, fishing poles, fishing reels, fishing tackle, or camping products; bookbinding material; 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; but excluding boxes and marine (printed) logs in this class

Class 18 Leather goods; travel bags, sports bags, tote bags, handbags; backpacks; wallets; luggage; umbrellas; articles made from leather and imitations of leather not included in other classes; animal skins, hides; trunks and travelling bags; parasols and walking sticks; whips, harness and saddlery; none of the aforementioned goods being primarily marketed for use in connection with fishing, hunting or camping

Class 20 Furniture; mirrors; picture frames; plastic frames; plastic goods in this class; sleeping bags for children that are not marketed for use in connection with camping, hunting or fishing; cake decorations; clothing hangers; curtains not primarily marketed for use in connection with fishing, hunting or camping; drinking straws; figurines and statues; key chains and key chain tags; wind chimes; crib bumper cushions not primarily marketed for use in connection with fishing, hunting or camping; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, but excluding boxes in this class

Class 25 Clothing, footwear and headgear in this class, but excluding clothing, footwear and headgear primarily marketed for use in connection with fishing, hunting or camping

Class 28 Toys including games and playthings but excluding fishing poles, fishing lines, fishing reels, fishing tackle and camping products; decorations for Christmas trees; video and hand held electronic games; plush toys; action figures; card games; board games; dolls; jigsaw puzzles; children's play cosmetics; kites; soft sculpture toys; stuffed toys; wind up toys; playing cards

Class 41 Entertainment services; education services; live stage shows; presentation of live performances; theatre productions; amusement park and theme park services; entertainer services; pleasure-ground services; educational and entertainment services rendered in or relating to theme parks; production, presentation, distribution and rental of television and radio programs; production, presentation, distribution and rental of motion picture films; production, presentation, distribution and rental of sound and video recordings; entertainment information; production of entertainment shows and interactive programs for distribution via television, cable, satellite, audio and video media, cartridges, laser discs, computer discs and electronic means; production and provision of entertainment, news and information programs via communication and computer networks; information services in this class; providing of training; sporting and cultural activities; on-line services being any of the aforementioned services provided on-line