POP-IT TOP-ITS

What this record means

The record shows that the mark “POP‑IT TOP‑ITS” is dead, having been abandoned because the applicant did not respond to an Office action. The owner listed is Harold Wright, an individual, and the mark was filed on June 23, 2010. The goods covered are “Various flavors of dessert toppings” in class 030, with first use on May 1, 2010 and use in commerce on June 1, 2010. Because the mark is no longer active, it does not give the owner control over the wording in other contexts, but the closest area of concern would be other dessert topping products or related food items. The prosecution history shows a non‑final action in September 2010 followed by abandonment in April 2011; no supplemental register status appears. The latest meaningful event is the abandonment notice on April 27, 2011. No enforcement actions are visible in the supplied history. For someone considering a similar name, the record suggests a moderate risk if the new use is in the same food category, but the mark’s dead status reduces the likelihood of immediate conflict.