What this record means
The record shows that “PLAY AND LEARN” is an abandoned application, filed by Shift Interactive Pty Ltd on Oct 21 2015 and marked dead on Sep 16 2016 after the applicant failed to respond to an Office action; there is no active registration. The goods listed are computer application software for mobile phones, specifically language‑learning software, language‑learning apps for iPhone and Android, and computer game software for mobile and cellular phones, with a first‑use date of Jan 1 2013. A similar name used for any of those types of mobile‑software or language‑learning products would be the closest area of concern, because the record’s protection is limited to that description and does not extend to unrelated goods or services. The prosecution history shows a non‑final action issued in February 2016 and the subsequent abandonment notice in September 2016, but there is no indication of any opposition, cancellation proceeding, or other enforcement activity. I'd treat this as a meaningful concern if you plan to market language‑learning or game software under a comparable name, since the abandoned filing still signals that the USPTO examined the mark for those specific services.
Informational only - not legal advice.Goods & services
Cl. 009Electrical & Scientific Apparatus
ACTIVE Computer application software for mobile phones, namely, software for language learning; Computer application software for iPhone and Android smartphones, namely, software for language learning; Computer game software for use on mobile and cellular phones; Downloadable mobile applications for language learning
First use: Jan 01, 2013
Use in commerce: Jan 01, 2013