BODYOPTIMISE - Trademark Details
Status: 710 - Cancelled - Section 8
Image for trademark with serial number 76978927
Serial Number
76978927
Registration Number
3610794
Word Mark
BODYOPTIMISE
Status
710 - Cancelled - Section 8
Status Date
2015-12-04
Filing Date
2004-11-26
Registration Number
3610794
Registration Date
2009-04-28
Mark Drawing
5000 - Illustration: Drawing with word(s)/letter(s)/number(s) in Stylized form Typeset
Published for Opposition Date
2009-02-10
Attorney Name
Law Office Assigned Location Code
L50
Employee Name
BELL, MARLENE D
Statements
Indication of Colors claimed
The color(s) black and red is/are claimed as a feature of the mark.
Description of Mark
The mark consists of the word "BODY" appearing in the color black in lower case letters and the word "OPTIMISE" appearing in the color red in upper case letters.
Goods and Services
(Based on 44(e)) Pharmaceutical preparations and substances, namely, appetite suppressants, metabolism inhibitors, metabolism enhancers, metabolic rate enhancers and fat absorbents for use in dieting, weight control, weight loss and exercise; pharmaceutical preparations and substances for use in the treatment of eating disorders; natural and homeopathic preparations and substances, namely, homeopathic medicines and supplements for use in dieting, weight control, weight loss and exercise; healthcare products, namely, dietary supplements and nutritional supplements for use in dieting, weight control, weight loss and exercise; healthcare products, namely, dietary supplements and nutritional supplements for the treatment of eating disorders; nutrients and nutritional preparations, substances and food additives, namely, food supplements, vitamins and minerals for medical and/or therapeutic use for use in dieting, weight control, weight loss and exercise and for the treatment of eating disorders; dietetic preparations and substances, namely, dietary food supplements, vitamin supplements for use in dieting, weight control, weight loss and exercise; dietetic preparations and substances for the treatment of eating disorders; food and drink supplements and additives, namely, meal replacement bars and snacks, meal replacement drinks, nutritional drink mix for meal replacement, nutritional food mix for meal replacement, protein supplements for use in dieting, weight control, weight loss and exercise and for the treatment of eating disorders; vitamins; minerals, namely, mineral salts and mineral preparations for medicinal purposes; vitamin and mineral supplements; medicated bathing products, namely, personal creams for bathing; dressings, namely, wound dressings, medical plasters, medicated dressings for the body, namely, wound dressings, bandages for medical use, namely, body injuries in the nature of skin and other wounds
Goods and Services
(Based on Use in Commerce) Electronic publications in the nature of newsletters in the field of health news and health information recorded on computer media
Goods and Services
(Based on 44(e)) Printed matter, namely printed guides, diaries, leaflets, pamphlets, books, booklets, printed tables, printed schedules, printed cards all for the use in the areas of, or relating to, slimming, weight control, diet, dieting, exercise, fitness and health; directories, pamphlets and charts, all for use in the areas of, or relating to, slimming, weight control, diet, dieting, exercise, fitness and health; recipe books, recipe cards, recipe leaflets, recipe booklets; publications in the nature of books, magazines, diaries, brochures, leaflets, pamphlets, directories, guides and booklets in the areas of, or relating to, slimming, weight control, diet, dieting, exercise, fitness and health
Goods and Services
(Based on 44(e)) Food products namely prepared and part-prepared food products comprising primarily of meat, fish, poultry, processed fruit and vegetables; prepared meals namely preserved, chilled and frozen meals consisting primarily of meat, fish, poultry, processed fruit and vegetables; snack food package combinations consisting primarily of meat, fish, poultry, processed fruit or vegetables; prepared and packaged foods namely chilled, frozen and preserved meals and foods consisting primarily of meat, fish, poultry, vegetables and processed fruit; meat, fish, poultry and game; meat extracts; products containing meat, namely, meat paste, prepared meals, sausages, canned cooked meat, cooked meat products, namely, tinned and bottled cooked meats; preserves, namely, fruit preserves, vegetable preserves, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and milk products, namely, milk powder, yogurt, butter, cheese, yogurt drinks; edible oils and fats; prepared and packaged meals, namely chilled and frozen packaged main meal mixes consisting primarily of potatoes; potato crisps; potato chips; sauces, namely fruit sauces in the nature of fruit toppings, cranberry sauce and apple sauce; potato-based products, namely, dehydrated potatoes
Goods and Services
(Based on 44(e)) Food products consisting primarily of one or more of pasta, rice, cereal and bread; aromatic preparations of food, namely, processed herbs, spices, spicy seasoning pastes and sauces; bread; carbohydrate preparations of food, namely, potato flour, cereal flour, corn flour, rice flour; cereal based food bars; cereal based foodstuffs, namely, cereal bars, breakfast cereals; cereal based snack foods; pasta; farinaceous foods, namely, pastes for human consumption, potato-based products, namely, potato flour; flour; snack foods namely, cereal based snack bars; chocolate based snack bars, cocoa based snack bars, rice based snack bars; prepared and packaged meals namely chilled and frozen meals consisting primarily of one or more of pasta, rice, grain, processed oats and cereal; coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals, namely breakfast cereals, breads, biscuits and crackers; pastry products, namely, pastries, pies and pasties, confectionery namely chocolate, sweets, namely, gum sweets, hard boiled sweets, cakes and candies; ices, ice creams, honey, treacle, yeast, baking powder, salt, mustard, vinegar, sauces, namely, meat sauces, namely, basting sauces, barbeque sauces, marinades, vegetable sauces, namely, sauces made predominately of vegetables, salad dressings, spices; products containing meat, namely, meat pies, meat pasties, meat pastries, sausage rolls, pork pies; milk products, namely, ice milk, ice cream, puddings
Goods and Services
(Based on Use in Commerce) BRINGING TOGETHER, FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS AND SERVICES, ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODS AND SERVICES FROM AN INTERNET SITE, AN INTRANET SITE OR ANY OTHER COMPUTER NETWORK; THE BRINGING TOGETHER, FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS AND SERVICES, ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODS AND SERVICES FROM A VIRTUAL RETAIL OR WHOLESALE STORE OR OUTLET; THE BRINGING TOGETHER FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS AND SERVICES, ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODS AND SERVICES IN A RETAIL OR WHOLESALE STORE OR OUTLET, DEPARTMENT STORE, THROUGH A TELEVISION SHOPPING CHANNEL, BY MAIL ORDER, BY MEANS OF TELECOMMUNICATIONS OR FROM A FACTORY-BASED RETAIL OR WHOLESALE OUTLET; THE BRINGING TOGETHER, FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS AND SERVICES RELATING TO SLIMMING, WEIGHT CONTROL, DIET, DIETING, HEALTH AND EXERCISE, ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODS AND SERVICES FROM AN INTERNET WEBSITE, AN INTRANET SITE OR ANY OTHER COMPUTER NETWORK, FROM A VIRTUAL RETAIL OR WHOLESALE STORE OR OUTLET, A RETAIL OR WHOLESALE STORE OR OUTLET, DEPARTMENT STORE, THROUGH A TELEVISION SHOPPING CHANNEL, BY MAIL ORDER, BY MEANS OF TELECOMMUNICATIONS OR FROM A FACTORY-BASED RETAIL OR WHOLESALE OUTLET
Goods and Services
(Based on 44(e)) Services for the provision of exercise equipment, namely, rental of exercise, gymnastic and sporting equipment and training in the use of exercise, gymnastic and sporting equipment; health club services, namely, providing instruction and equipment in the field of physical exercise, weight training, aerobics, body conditioning, swimming and massage; fitness club services namely providing fitness, exercise, swimming and body conditioning facilities; health and fitness services namely physical fitness consultation, exercise consultation, body conditioning consultation, exercise services, namely, the provision of fitness and exercise tuition and facilities; providing education and advise relating to physical fitness and exercise, namely, providing training in the use of exercise equipment and physical fitness and body conditioning consultations; physical fitness centers, namely, providing fitness and exercise facilities; fitness and exercise instructions; fitness and exercise training services; exercise and fitness classes and educational services, namely, providing training and tuition in exercise and the use of exercise equipment; providing educational and training services, namely conducting seminars in the fields of fitness, exercise, health, slimming, weight control, diet, dieting and health; arranging and conducting educational seminars in the fields of fitness, exercise, health, slimming, weight control, diet, dieting and health; publication of books; advisory and counseling services relating to exercise
Goods and Services
(Based on 44(e)) Advisory and counseling services in the fields of nutritional consulting, healthcare, slimming, diet, dieting, weight control; operation of sauna facilities
Pseudo Mark
BODY OPTIMIZE
Classification Information
International Class
005 - Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. - Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
US Class Codes
006, 018, 044, 046, 051, 052
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2015-12-04
Primary Code
005
International Class
009 - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
US Class Codes
021, 023, 026, 036, 038
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2015-12-04
Primary Code
009
First Use Anywhere Date
2005-11-00
First Use In Commerce Date
2005-11-00
International Class
016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks. - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.
US Class Codes
002, 005, 022, 023, 029, 037, 038, 050
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2015-12-04
Primary Code
016
International Class
029 - Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats. - Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
US Class Codes
046
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2015-12-04
Primary Code
029
International Class
030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
US Class Codes
046
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2015-12-04
Primary Code
030
International Class
035 - Advertising; business management; business administration; office functions. - Advertising; business management; business administration; office functions.
US Class Codes
100, 101, 102
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2015-12-04
Primary Code
035
First Use Anywhere Date
2005-11-00
First Use In Commerce Date
2005-11-00
International Class
041 - Education; providing of training; entertainment; sporting and cultural activities. - Education; providing of training; entertainment; sporting and cultural activities.
US Class Codes
100, 101, 107
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2015-12-04
Primary Code
041
International Class
044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
US Class Codes
100, 101
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2015-12-04
Primary Code
044
Correspondences
Name
Richard A. Sharpe
Address
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Prior Registrations
Relationship TypeReel Number
Continuity Parent76622337
Foreign Application Information
Filing DateApplication NumberCountryForeign Priority Claim In
0000-00-00EMFalse
Trademark Events
Event DateEvent Description
2004-12-13NEW APPLICATION ENTERED IN TRAM
2005-06-25ASSIGNED TO EXAMINER
2005-06-25NON-FINAL ACTION WRITTEN
2005-06-27NON-FINAL ACTION MAILED
2005-12-20TEAS RESPONSE TO OFFICE ACTION RECEIVED
2005-12-20CORRESPONDENCE RECEIVED IN LAW OFFICE
2006-01-04AMENDMENT FROM APPLICANT ENTERED
2006-01-25NON-FINAL ACTION WRITTEN
2006-01-26NON-FINAL ACTION MAILED
2006-07-24TEAS RESPONSE TO OFFICE ACTION RECEIVED
2006-07-24CORRESPONDENCE RECEIVED IN LAW OFFICE
2006-08-16TEAS/EMAIL CORRESPONDENCE ENTERED
2006-09-06NON-FINAL ACTION WRITTEN
2006-09-07NON-FINAL ACTION MAILED
2007-03-05TEAS RESPONSE TO OFFICE ACTION RECEIVED
2007-04-06ASSIGNED TO LIE
2007-03-05CORRESPONDENCE RECEIVED IN LAW OFFICE
2007-04-06TEAS/EMAIL CORRESPONDENCE ENTERED
2007-05-12APPROVED FOR PUB - PRINCIPAL REGISTER
2007-05-14LAW OFFICE PUBLICATION REVIEW COMPLETED
2007-08-01NOTICE OF PUBLICATION
2007-08-17UNDELIVERABLE MAIL - NO ACTION TAKEN
2007-08-21PUBLISHED FOR OPPOSITION
2007-11-13NOA MAILED - SOU REQUIRED FROM APPLICANT
2008-04-29TEAS EXTENSION RECEIVED
2008-04-29EXTENSION 1 FILED
2008-04-29EXTENSION 1 GRANTED
2008-11-13PETITION TO DIRECTOR - CHANGE BASIS - RECEIVED
2008-11-13PAPER RECEIVED
2008-11-20CASE ASSIGNED TO INTENT TO USE PARALEGAL
2008-11-18ASSIGNED TO PETITION STAFF
2008-11-20PETITION TO DIRECTOR - CHANGE BASIS - GRANTED
2008-11-241(B) BASIS DELETED; NEW BASIS REQUESTED
2008-11-13DIVISIONAL REQUEST RECEIVED
2008-12-11DIVISIONAL PROCESSING COMPLETE
2008-11-13EXTENSION 2 FILED
2008-12-11EXTENSION 2 GRANTED
2008-11-13USE AMENDMENT FILED
2008-12-11STATEMENT OF USE PROCESSING COMPLETE
2008-12-16NOTICE OF DIVIDED TRADEMARK APPLICATION MAILED
2009-01-06NOTICE OF ALLOWANCE CANCELLED
2009-01-21NOTICE OF PUBLICATION
2009-02-10PUBLISHED FOR OPPOSITION
2009-04-28REGISTERED-PRINCIPAL REGISTER
2015-12-04CANCELLED SEC. 8 (6-YR)