NON-FINAL ACTION - MAILED
final action
on 12 Sep 2024
Last Applicant/ Owned by
120 Bay Street
Port Melbourne, AU-VIC
AU
3207
Serial Number
98387225 filed on 01st Feb 2024
Registration Number
N/A
Filing Basis
No Filing Basis
Disclaimer
NO DATA
JAMES ATHLETIC
Compression garments; compression stockings; compression tights; body limb compression sleeves for athletic use; compression bandages (elastic or supportive) Advertising; business management; business administration; consumer market information services; retail services relating to clothing, headgear, headwear, footwear, eyewear, watches, bags and accessories for any of the aforementioned, includ Read More
Classification Information
Class [018]
Leather Products (not including clothing)
Luggage; bags; wallets; athletic bags; gym bags; sport bags; running belt bags; bum bags; boot bags; tote bags; drawstring bags; overnight bags; duffel bags; camping bags; hiking bags; wheeled bags; toiletry bags sold empty; purses; parts, fittings and accessories for all the aforesaid goods
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [010]
Medical Instrument Products
Compression garments; compression stockings; compression tights; body limb compression sleeves for athletic use; compression bandages (elastic or supportive)
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [009]
Computer & Software Products & Electrical & Scientific Products
Sunglasses; sunglasses cases; straps for sunglasses; covers for sunglasses; chains for sunglasses; cases for mobile phones; waterproof cases for smart phones; bags adapted for laptops; bags for cameras; bags adapted for carrying photographic apparatus; sport bags adapted (shaped) to contain protective helmets; mouth guards being gum shields; mouth guards for boxing; boxing helmets; swimming goggles and swimming masks; headphones; earphones; electronic publications, namely, newsletters; mobile application software; application software; smart watches; electrical and electronic apparatus and instruments for recording and measuring health and fitness parameters being activity trackers, other than for medical use; computer software for providing information relating to fitness, calorie counting and step counting; pedometers; calorie counting apparatus; fitness monitoring apparatus other than for medical purposes; digital collectibles software using blockchain-based software technology; downloadable computer software for managing digital collectible services; downloadable software for enabling users to exchange digital tokens for data; downloadable software for creating digital tokens using blockchain technology to facilitate the transfer of data between users, to allow users to post digital content, and to allow users to view digital content; downloadable digital image and music files authenticated by non-fungible tokens; downloadable virtual goods, namely, computer programs for the creation and trade of digital collectibles using blockchain-based software technology; downloadable digital media, namely, digital collectibles created with blockchain-based software technology
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [027]
Floor Covering products
Yoga mats; exercise mats; floor coverings (mats) for use in sporting activities
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [035]
Advertising, Business & Retail Services
Advertising; business management; business administration; consumer market information services; retail services relating to clothing, headgear, headwear, footwear, eyewear, watches, bags and accessories for any of the aforementioned, including for sports and fitness; online retail services relating to clothing, headgear, headwear, footwear, eyewear, watches, bags and accessories for any of the aforementioned, including for sports and fitness; mail order retail services relating to clothing, headgear, footwear, eyewear, watches, bags and accessories for any of the aforementioned, including for sports and fitness; wholesale services relating to clothing, headgear, headwear, footwear, eyewear,watches, bags and accessories for any of the aforementioned, including for sports and fitness; retail services relating to software applications and downloadable digital image and music files authenticated by non-fungible tokens; the bringing together, for the benefit of others, of the aforementioned goods, excluding the transport thereof, enabling customers to conveniently view and purchase those goods; sales promotion for others; provision of an online marketplace for buyers and sellers of goods and services; arranging and organising marketing promotion for others; presentation of goods on communication media for retail purposes; online advertisements; fashion show exhibitions for commercial purposes; arranging and conducting publicity and advertising events; administrative handling of orders and related sales orders; organisation of trade fairs and exhibitions for commercial or advertising purposes
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [028]
Toys and Sporting Goods Products
Exercise weights; boxing gloves; toys; punching toys; whistles (toys); outdoor toys; games; target games; sports games; games (apparatus for -); games (balls for -); nets for ball games; skill and action games; bats for ball games; markers (cones) for playing games; needles for pumps for inflating balls for games; pumps especially adapted for use with balls for games; sports equipment; bags specially adapted for sports equipment; sports training apparatus; training equipment; back supports (belts) for weightlifters; athletic supporters (sports articles); protective supports for shoulders, elbows, knees, wrists and ankles
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [025]
Clothing Products
Clothing; footwear; sports clothing; fitness clothing; gym clothing; clothing, footwear and headgear (other than helmets) for sports, including running, athletics, tennis, gymnastics, skiing, bodybuilding, cycling, boxing, martial arts, combative sports, golf, rugby and football; moisture wicking sports clothing; sweat absorbent clothing; surf wear; leisurewear; dancewear; activewear; swimwear; beachwear; casualwear; wristbands and wrist straps; sweatbands; headbands; headgear; headwear; hats; caps; sun visors being head wear; beach hats; swimming caps; T-shirts; vests and tank tops; sports singlets; polo shirts; sports shirts; crop tops; bodysuits; jackets; coats; tops, sweaters; jumpers; sweatshirts; pullovers; leggings; robes; shorts; dresses; skirts; jumpsuits; trousers; tracksuits; tracksuit tops; tracksuit bottoms; jogging clothing sets; stretch pants; athletic tights; tights; ski pants; yoga pants; yoga shirts; underwear; thongs; briefs; boxer shorts; trunks being underwear; sports bras; bras; bralettes; shapewear; socks; gloves; base layer clothing; beach cover ups and wraps; bikini tops; bikini bottoms; tankinis; swimsuits, swimming trunks; swimming shorts; rash vests; wetsuits; shoes; sports footwear; trainers; beach footwear; boots; sandals; flip flops; sliders (shoes); slippers; track shoes, running shoes and spiked running shoes; cycling shoes; articles of outer clothing; scarves; pyjamas; babies clothing, footwear, headgear; infant clothing, footwear, headgear; belts (clothing); bandanas; baselayer tops; cover-ups; ear muffs; eye masks; earbands; insoles; jeans; leg warmers; leotards; light-reflecting clothing; neckerchiefs; one-piece suits; padded clothing for athletic use; rainwear; water resistant clothing; sleepwear; thermal clothing and headgear; walking shoes; windcheaters; uniforms; sports uniforms
First Use Date in General
N/A
First Use Date in Commerce
N/A
Mark Details
Serial Number
No 98387225
Mark Type
No Service Mark
Attorney Docket Number
No 73123-234788
44D Filed
Yes
44D Current
Yes
44E filed
No
44E Current
No
66A Filed
No
66A Current
No
Current Basis
No
No Basis
No
Design Code(s)
03.15.19 -
Birds or bats in flight or with outspread wings
03.15.24 -
Stylized birds and bats
03.15.25 -
Other birds
Legal History
| Status Date | Action Taken |
|---|---|
| 12th Sep 2024 | NON-FINAL ACTION E-MAILED |
| 12th Sep 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 12th Sep 2024 | NON-FINAL ACTION WRITTEN |
| 27th Aug 2024 | ASSIGNED TO EXAMINER |
| 28th Feb 2024 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| 27th Feb 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| 05th Feb 2024 | NEW APPLICATION ENTERED |