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FITILLION
DEFAULT - SEARCHED
on 17 Aug 2023
Last Applicant/ Owned by
FITBEAT AUSTRALIA PTY LTD
3 Dudley RdRose Bay NSW 2029
AU
Serial Number
2181855 filed on 02th Sep 2021
Correspondent Address
(SHIFT LAW PROFESSIONAL CORPORATION)60 St. Clair Ave. East, Suite 300Toronto
ONTARIO
CA
M4T1N5
FITILLION
Trademark usage description
hanging storage racks in the nature of structures of metal, other than office requisite, not furniture; mobile storage racks being structures of metal Read MoreClassification Information
Class [006]
Hanging storage racks in the nature of structures of metal, other than office requisite, not furniture; mobile storage racks being structures of metal; racks being structures of metal; racks in the nature of structures of metal, other than furniture; racks in the nature of structures of metal for storage, other than furniture; relocatable metal storage racks being structures.
Classification kind code
11
Class [009]
Downloadable computer application software for electronic devices and handheld computers, to enable users to access health and fitness information and exercise videos, to log workouts and other fitness data, to log goals and interact with other users, and to monitor and analyse the health and fitness of the user; wearable activity trackers; wearable activity trackers with pulse rate monitoring function; downloadable software in the nature of a mobile application for users to access health and fitness information and exercise videos, to log workouts and other fitness data, to log goals and interact with other users, and to monitor and analyse the health and fitness of the user; electronic devices for data processing; wireless electronic scales; portable digital electronic scales; tripods for electronic apparatus; holders adapted for mobile phones; holders for tablet computers; cables for the electronic transmission of sounds and images; electronic cables; television monitors; apparatus for transmitting film images onto television screens; touch sensitive electronic screens; video screens; video display screens; light emitting diode displays being led displays; wearable computers in the nature of wearable activity trackers; wearable video display monitors; training guides in the form of a computer program; downloadable interactive video software to enable users to access health and fitness information and exercise videos, to log workouts and other fitness data, to log goals and interact with other users, and to monitor and analyse the health and fitness of the user; apparatus for data collection, namely wearable activity trackers; data collection instruments, namely wearable activity trackers; downloadable data processing software for electronic devices and handheld computers in the nature of software that analyses a user's physiological data for the purposes of providing reports regarding the user's health and fitness status and tracking the user's activity goals; downloadable data communications software for electronic devices and handheld computers in the nature of software that transmits a user's physiological data from the user's wearable activity tracker to another device for further data processing and analysis; apparatus for the transmission of data; display monitors being video displays, flat panel display screens, lcd large-screen displays and flexible flat panel displays for computers, led displays; apparatus for the graphic display of data; performance testing apparatus, other than for medical use, namely wearable activity trackers; physiological monitoring apparatus, other than for medical use, namely scales with body mass analysers; data feeders namely data processors; electrical tracking apparatus namely gps tracking devices for tracking users' walks, runs and other physical activities; downloadable computer programs for setting up performance analysis in computers, namely software for analysing physiological data input by users to assess performance by way of body function metrics; physical analysing apparatus, other than for medical use, namely electronic scales for analysing physical attributes being weight, height, body composition and hydration; portable electronic apparatus for the collection of machine data, namely electronic wearable devices for transmitting users' physical activity data; portable electronic apparatus for the analysis of machine data, namely electronic wearable devices for analysing users' physical activity data; films bearing video recordings, namely prerecorded video tapes featuring health and fitness instruction; interactive video work stations namely computer kiosk systems comprised primarily of computers, computer hardware, computer peripherals, and computer touchscreens for use in interactive health and fitness training and assessment; interactive video instruments, namely wireless wearable movement trackers that enable users to interact with fitness videos in real time; computer based training apparatus being computer peripheral apparatus for the purposes of simulating sports and exercise; interactive computer kiosk systems comprised primarily of computers, computer hardware, computer peripherals, and computer touchscreens for use in health and fitness training; interactive display apparatus being electric interactive touchscreen terminals; interactive graphics screens being interactive touchscreen terminals; interactive touch screen terminals; interactive terminals, namely computer kiosk systems comprised primarily of computers, computer hardware, computer peripherals, and computer touchscreens for use in interactive health and fitness training and assessment; computer hardware for communicating audio, video and data between computers via a global computer network, wide-area computer networks, and peer-to-peer computer networks; electronic publications, namely, information sheets, e-books, newsletters, training manuals and multimedia recordings in the fields of health and fitness, downloadable or recorded on computer media; electronic database in the field of fitness, health and exercise downloadable or recorded on computer media; smart watches; audio equipment being audio speakers, wireless speakers, soundbar speakers and headphones; electronic apparatus for home use with display apparatus; electronic home command apparatus being voice-activated personal digital assistant; apparatus for sensing movement, namely wearable activity trackers; electric or electronic sensors for sensing movement; measuring devices having digital displays, other than for medical use, namely electronic wearable devices for measuring speed and distance travelled; information display terminals, namely electronic display screens; electronic apparatus for sampling the ambient atmosphere; electronic visual display units, namely electronic display screens; virtual reality headsets; electronic devices for the transmission of data between computers; training aids, apparatus for teaching people, namely electronic sports training simulators for simulating physical exercises; downloadable computer software for the provision of health and fitness services; computer software applications, downloadable; electronic monitoring apparatus, other than for medical use; digital media, namely pre-recorded video cassettes, digital video discs, digital versatile discs, downloadable audio and video recordings, dvds, and high definition digital discs featuring health and fitness instruction; body function monitoring apparatus, other than for medical purposes.
Classification kind code
11
Class [010]
Heart rate monitors; heart rate monitoring apparatus; electronic heart rate monitors for medical purposes; medical instruments for recording physiological data; electronic analysers for medical purposes, namely equipment for analyzing a user's physiological data for the purposes of providing reports regarding the user's health and fitness status; foam massage rollers; performance testing apparatus for medical use, namely medical apparatus for testing physiological performance during physical exertion based on a user's blood pressure, heart rate and respiration; sporting articles being supports for protective purposes, namely supportive bandages; physical exercise apparatus for medical purposes; appliances for physical exercise adapted for medical use, namely physical exercise apparatus for medical purposes; electronic apparatus for medical purposes, namely electronic physical exercise simulators for medical and rehabilitation purposes; electronic medical apparatus being medical instruments for measuring and displaying blood pressure, lung capacity and cardiac output; body function monitoring apparatus for medical purposes, namely medical instruments to measure physiological and cardiovascular parameters.
Classification kind code
11
Class [021]
Plastic water bottles sold empty; water bottles sold empty; sports bottles sold empty; vacuum bottles being insulated flasks for household use; drinking bottles for sports.
Classification kind code
11
Class [024]
Hand towels of textile; towel blankets, namely blankets for outdoor use; towels of textile; bath towels; beach towels.
Classification kind code
11
Class [025]
Athletic footwear; sports footwear; sports headwear, other than helmets; sportswear being clothing, namely, footwear, pants, shirts, tracksuits, sweatshirts, jumpers, hats, jackets, shorts, swimwear, sweaters, underwear, socks, wristbands, skirts, t-shirts, track pants, tights, hosiery, tank tops, baseball caps, headwear, sweat bands, shoes, vests; track pants; t-shirts; tracksuits; hooded sweatshirts; sweatshirts; jumpers being pullovers; jumpers being sweaters; sports jumpers; tights; sports hosiery; hosiery; tank tops; baseball caps; hats; sweat bands; swimwear; apparel being clothing, namely, footwear, headwear, pants, shirts, tracksuits, sweatshirts, jumpers, hats, jackets, shorts, swimwear, sweaters, underwear, socks, wristbands, skirts, t-shirts, track pants, tights, hosiery, tank tops, baseball caps, sweat bands, shoes, vests; athletic clothing, namely, footwear, pants, shirts, tracksuits, sweatshirts, jumpers, hats, jackets, shorts, swimwear, sweaters, underwear, socks, wristbands, skirts, t-shirts, track pants, tights, hosiery, tank tops, baseball caps, headwear, sweat bands, shoes, vests; clothing, namely, footwear, pants, shirts, tracksuits, sweatshirts, jumpers, hats, jackets, shorts, swimwear, sweaters, underwear, socks, wristbands, skirts, t-shirts, track pants, tights, hosiery, tank tops, baseball caps, headwear, sweat bands, shoes, vests; sports clothing, other than golf gloves, namely, footwear, pants, shirts, tracksuits, sweatshirts, jumpers, hats, jackets, shorts, swimwear, sweaters, underwear, socks, wristbands, skirts, t-shirts, track pants, tights, hosiery, tank tops, baseball caps, headwear, sweat bands, shoes, vests; athletic shoes; shoes; shorts; vests; underwear.
Classification kind code
11
Class [027]
Floor mats; gymnasium exercise mats; personal exercise mats; gymnastic mats; non-slip mats for personal exercise; yoga mats.
Classification kind code
11
Class [028]
Fitness apparatus being exercise machines; fitness exercise appliances being exercise machines; fitness exercise machines; indoor fitness apparatus, other than for medical purposes, being exercise machines; exercise devices, other than for medical rehabilitative purposes, being exercise machines; exercise equipment for use in pilates, namely, toning balls, reformers, chairs, barrels, arcs, towers, trapeze and incline mats; exercise equipment, other than for medical rehabilitative purposes, namely, weights, modular weights, cardio equipment, gym benches, gym racks, gym storage systems, bands, dumb-bells, bar-bells, kettlebells, squat racks, chest expanders, chest pulls, stair-stepping machines, stationary cycles, rotary abdominal boards; exercise machines, other than for medical rehabilitative purposes; exercise treadmills; weight training apparatus, other than for medical use, being weight lifting equipment, namely, bars, benches, squat racks, weight plates and multistation gyms; exercise weights for physical exercise, other than adapted for medical use; boxing gloves; gloves made specifically for use in playing sports; gloves specifically adapted for sporting purposes; exercise benches for sporting use; gymnastic benches for gymnastic use; body-training exercise apparatus for toning the entire body; articles of sports training apparatus, namely, pitching machines, ball return machines, ball pitching screens; athletics apparatus being exercise equipment, namely, weights, modular weights, cardio equipment, gym benches, gym racks, gym storage systems, bands, dumb-bells, bar-bells, kettlebells, squat racks, chest expanders, chest pulls, stair-stepping machines, stationary cycles, rotary abdominal boards; back supports, namely, weight lifting belts being sports articles for weightlifters; bags specially adapted for carrying sporting articles; bags specially adapted to carry gymnastic articles; bags specially adapted to carry sports implements; balls for playing sports; body rehabilitation apparatus being exercise equipment, namely, weights, modular weights, cardio equipment, gym benches, gym racks, gym storage systems, bands, dumb-bells, bar-bells, kettlebells, squat racks, chest expanders, chest pulls, stair-stepping machines, stationary cycles, rotary abdominal boards; body-building apparatus; body training apparatus for exercise; body-training apparatus; cases specially adapted for sporting articles; machines for physical exercises, being exercise machines; machines incorporating weights for use in physical exercise, being exercising equipment, namely, weight lifting machines; stationary exercise bicycles; bar-bells for weight lifting; dumb-bells for weight lifting; apparatus for boxing, namely punching bags, boxing bags, boxing swivels and boxing rings; apparatus for use in toning muscles, other than for medical rehabilitation, namely, body-training apparatus; muscle building apparatus, other than for medical use, namely, weight lifting machines; track and field apparatus, namely, banana steps, batons, cross bars, hammers, shot puts, pole vaults; training appliances for sportsmen, namely, pitching machines, ball return machines, ball pitching screens; trampolines; punching bags; yoga swings; gymnastic exercising apparatus; electronic amusement apparatus incorporating a liquid crystal display; jump ropes, namely, skipping ropes; bench press machines being exercise apparatus, not for medical purposes; computer controlled exercise apparatus, other than for therapeutic use, namely exercise machines; manually-operated exercise apparatus, other than for medical use, being manually-operated exercise equipment for physical fitness purposes; muscle exercising apparatus, other than for medical use, being manually-operated exercise equipment for physical fitness purposes; articles for exercising the body, other than for medical purposes, being manually-operated exercise equipment for physical fitness purposes; apparatus for electronic games adapted for use with and without an external screen or monitor.
Classification kind code
11
Class [041]
Providing information, including online, about education, training, entertainment, sporting and cultural activities; health club services, health and fitness training, namely providing instruction and equipment in the field of physical exercise; physical fitness instruction; personal trainer services, namely, fitness training; physical fitness training services; physical fitness assessment services for sports training purposes; physical fitness centre services being health club services, namely, providing instruction and equipment in the field of physical exercise; provision of physical fitness information via a website; gymnasiums club services, namely, providing gymnasiums; gymnasiums services, namely, providing gymnasiums; provision of gymnasium facilities, namely, providing gymnasiums; video production services, other than advertising; distribution, other than transportation, of videos in the field of fitness, health and exercise; production of audio and/or video recordings, other than advertising; booking of exercise facilities, namely, providing fitness and exercise facilities; rental of exercise equipment; health education being educational services, namely, providing classes in the field of health and nutrition; physical health education being educational services, namely, providing classes in the field of physical health and fitness; lifestyle counselling and consultancy, health and fitness training, namely counselling services in the field of physical fitness; wellbeing services being health and fitness training; fitness and exercise clubs being health clubs for physical exercise; yoga instruction; meditation training; provision of training, namely, physical fitness training services; providing online videos, not downloadable, in the field of physical fitness, health and nutrition; providing online electronic publications, not downloadable, in the nature of audio and video recordings in the field of physical fitness, health and nutrition; provision of education services via an online forum; training services provided via simulators; rental of sport and fitness training simulators.
Classification kind code
11
Class [042]
Hosting of computer sites being web sites; providing temporary use of on-line non-downloadable software to enable users to access health and fitness information and exercise videos, to log workouts and other fitness data, to log goals and interact with other users, and to monitor and analyse the health and fitness of the user; hosting of software as a service being saas services, namely, hosting software to enable users to access health and fitness information and exercise videos, to log workouts and other fitness data, to log goals and interact with other users, and to monitor and analyse the health and fitness of the user; software as a service being saas services, namely, to enable users to access health and fitness information and exercise videos, to log workouts and other fitness data, to log goals and interact with other users, and to monitor and analyse the health and fitness of the user; online provision of web-based applications, non-downloadable, namely, providing temporary use of a web-based software application to enable users to access health and fitness information and exercise videos, to log workouts and other fitness data, to log goals and interact with other users, and to monitor and analyse the health and fitness of the user; application service provider, asp, featuring software for use in enabling users to access health and fitness information and exercise videos, to log workouts and other fitness data, to log goals and interact with other users, and to monitor and analyse the health and fitness of the user; web portal services, designing or hosting, namely the design, creation, hosting, maintenance of websites for others; evaluation of performance against bench-mark references, namely, assessing performance by way of body function metrics; hosting of databases for electronic devices and handheld computers in the nature of software that analyses a user's physiological data for the purposes of providing reports regarding the user's health and fitness status and tracking the user's activity goals; technical data analysis services, namely, data automation and collection services using proprietary software to evaluate, analyze and collect service data.
Classification kind code
11
Class [044]
Advisory services relating to nutrition; consultancy relating to nutrition, namely, consulting services in the field of nutrition; dietary and nutritional advice, namely, consulting services in the fields of health and nutrition; providing information in the field of nutrition; wellbeing services being health and nutritional advice, namely, consulting services in the fields of health and nutrition; advisory services relating to health; fitness testing, medical evaluation, namely medical testing for fitness evaluation; health assessment surveys; health risk assessment surveys; health counselling; preparation of reports relating to health care matters; preparing psychological profiles; provision of information relating to behavioural modification for health assessment purposes; providing sauna facilities; reflexology services; sports medicine services; weight control evaluation; weight control treatment services; physiotherapy being physical therapy; massage.
Classification kind code
11
Mark Details
Serial Number
2181855
Mark Type
Trademark
Legal History
| Action Taken | Status |
|---|---|
| Submitted for opposition 48 on 21st Dec 2023 | Agent Changed |
| Submitted for opposition 22 on 17th Aug 2023 | Search Recorded |
| Submitted for opposition 20 on 17th Aug 2023 | Examiner's First Report |
| Submitted for opposition 223 on 17th Aug 2023 | Total Provisional Refusal |
| Submitted for opposition 256 on 28th Feb 2023 | Notification of Possible Opposition Sent |
| Submitted for opposition 257 on 28th Apr 2022 | Designation Notification - Madrid Protocol |
| Submitted for opposition 1 on 27th Apr 2022 | Created |
| Submitted for opposition 31 on 27th Apr 2022 | Formalized |
| Submitted for opposition 30 on 02th Sep 2021 | Filed |
| Submitted for opposition 228 on 02th Sep 2021 | International Registration |