What this record means
The record shows that the “PURPLE” service mark filed by Purple Innovation, LLC is dead – it was abandoned on August 14 2020 after the applicant failed to respond to a final refusal. The application covered retail‑store services that exclusively sell the owner’s cushions, mattresses, pillows, mattress toppers, mattress pads, mattress covers, bed linen, bed frames, adjustable bed frames, bed platforms and bed bases, so a later use of “PURPLE” in the same bedding‑and‑furniture retail space would be the closest record‑based concern. The record does not give the owner control over every possible use of the word “PURPLE,” especially in unrelated categories. The prosecution history shows a non‑final office action in August 2019, a final refusal in January 2020, and the ultimate abandonment notice in August 2020, with no later maintenance or renewal activity. No oppositions, cancellations or court actions appear, so the supplied history shows no visible enforcement activity. I'd treat this as a meaningful concern if you plan a similar name for bedding or related retail services.
Informational only - not legal advice.Goods & services
Cl. 035Advertising & Business
ACTIVE Retail stores services featuring, exclusively products from trademark owner, namely, cushions, mattresses, pillows, mattress toppers, mattress pads, mattress covers, bed linen, bed frames, adjustable bed frames, bed platforms and bed bases
First use: Jun 29, 2019
Use in commerce: Jun 29, 2019