TOPPERS TO-GO

What this record means

The record shows that the mark “TOPPERS TO‑GO” is no longer live; it was cancelled on December 7, 2012 because the registrant, HAMCO, INC., failed to file a Section 8 declaration. The mark had been registered on the Principal Register on May 2, 2006 for class 021, covering disposable feeding kits for children that include plastic or paper cups, eating utensils and plastic baby bibs all contained within the cup. A similar name would raise the closest concern for products that are essentially the same type of disposable feeding kit. The record does not give the owner control over every use of the wording, only over the specific goods listed. The prosecution history shows a normal sequence of publication, allowance, and assignment, with no indication that the mark was ever moved to the Supplemental Register. No oppositions, cancellations, or court actions appear in the supplied history. For someone considering a similar name, the cancelled status means the mark is no longer enforceable, but the goods listed still represent a potential area of concern if the new use is very similar.