DIESEL FITNESS EQUIPMENT - Trademark Details
Status: 602 - Abandoned-Failure To Respond Or Late Response
Serial Number
77156064
Word Mark
DIESEL FITNESS EQUIPMENT
Status
602 - Abandoned-Failure To Respond Or Late Response
Status Date
2009-05-04
Filing Date
2007-04-13
Mark Drawing
4000 - Standard character mark
Typeset
Attorney Name
Law Office Assigned Location Code
L70
Employee Name
DUBOIS, MICHELLE E
Statements
Concurrent Use Statement
The applicant has contacted Diamond Baseball Company, Inc. who filed intent to use application number 77801409 for the mark DIESEL on January 27, 2007 in an attempt to negotiate a concurrent use agreement. This pending application was cited by the examiner against the application. Diamond Baseball Company, Inc. has expressed a strong desire to enter into a concurrent use agreement and the parties are actively engaged in negotiating a concurrent use agreement. The concurrent use agreement will be worldwide and includes all goods and services specified in each of the parties applications. The applicant has also contacted Diesel Fitness, Inc., owner of registration numbers 3198227 and 3223138 in an attempt to negotiate a concurrent use agreement. To date, Diesel Fitness, Inc., has not responded to any inquiries. The applicant is unsure as to whether this company is still active and whether the mark is still in use. Therefore, the applicant intends on filing for cancellation of these marks if it does not receive a response from Diesel Fitness, Inc since the applicants use in commerce predates that of Diesel Fitness, Inc.
Disclaimer with Predetermined Text
FITNESS EQUIPMENT
Goods and Services
Elliptical exercise machines; Exercise equipment for lateral movement in a skating motion; Exercise and gymnastic banners; Exercise balls; Exercise bars; Exercise benches; Exercise equipment namely, manually operated jogging machines; Exercise equipment namely,rowing machines; Exercise equipment, namely, stair-stepping machines; Exercise equipment, namely, stationary cycles; Exercise equipment, namely shoulder stretcher using resistance cables; Exercise equipment, namely, abdominal boards; Exercise equipment, namely, chest expanders; Exercise equipment, namely, chest pulls; Exercise equipment, namely, rotary abdominal boards; Exercise equipment, namely shoulder stretcher using a cable; Exercise equipment, namely virtual reality training cycles; Exercise machines; Exercise machines incorporating electronic and video game controllers,; Exercise platforms; Exercise tables; Exercise treadmills; Bar-bells; Dumb-bells; Exercise weights; Manually-operated exercise equipment; Personal exercise mats; Stationary exercise bicycles; Stationary exercise bicycles and rollers therefor; Portable support structures for dance and other exercises
Classification Information
International Class
28 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
US Class Codes
022, 023, 038, 050
Class Status Code
6 - Active
Class Status Date
2007-04-18
Primary Code
028
First Use Anywhere Date
2002-10-28
First Use In Commerce Date
2002-11-01
Correspondences
Name
Philip A. Duvalsaint
Address
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Trademark Events
| Event Date | Event Description |
| 2007-04-18 | NEW APPLICATION ENTERED IN TRAM |
| 2007-07-28 | ASSIGNED TO EXAMINER |
| 2007-08-06 | NON-FINAL ACTION WRITTEN |
| 2007-08-06 | NON-FINAL ACTION E-MAILED |
| 2007-08-06 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 2008-01-24 | TEAS REVOKE/APPOINT ATTORNEY RECEIVED |
| 2008-01-24 | ATTORNEY REVOKED AND/OR APPOINTED |
| 2008-02-05 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2008-02-05 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2008-02-05 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2008-02-22 | SUSPENSION LETTER WRITTEN |
| 2008-02-22 | LETTER OF SUSPENSION E-MAILED |
| 2008-02-22 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| 2008-08-22 | ASSIGNED TO LIE |
| 2008-08-22 | LIE CHECKED SUSP - TO ATTY FOR ACTION |
| 2008-09-25 | NON-FINAL ACTION WRITTEN |
| 2008-09-25 | NON-FINAL ACTION E-MAILED |
| 2008-09-25 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 2009-05-04 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| 2009-05-04 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
