What this record means
The record shows that the mark “PENNY POWER” is dead, having been abandoned because the owner, Capital Gains, Inc., failed to file a Statement of Use or an extension request after the Notice of Allowance was issued. The mark was a service mark on the Principal Register and covered discount long‑distance telephone communication services in class 038. A similar name would raise the closest concern in the same class, where the mark’s scope is limited to discounted telephone services. The record does not give the owner control over every use of the wording, only over the specific services listed. The prosecution history shows a sequence of extensions granted after each Statement of Use filing, but the abandonment event in February 2001 is the most recent status change. No oppositions, cancellations, or court actions appear in the supplied history, so there is no visible enforcement activity. For someone looking to use a similar name, the abandoned status reduces the risk, but the specific class and services remain a potential point of concern.
Informational only - not legal advice.