NON-FINAL ACTION - MAILED
final action
on 27 Sep 2024
Last Applicant/ Owned by
Broadbeach, QLD, 4218
AU
Serial Number
79397080 filed on 12th Mar 2024
Registration Number
N/A
Correspondent Address
Filing Basis
1. filing basis filed as 66 a
Disclaimer
NO DATA
TAMMY
Cups; drinking bottles for sports; drinking vessels. Providing health information about health, wellness, fitness programs, meal planning and nutrition via a website; weight reduction, diet planning services; providing health information and recipes in the field of weight loss and diet planning including via a website. Retail store services, including online, in the field of fitness and exercise Read More
Classification Information
Class [044]
Medical, Beauty & Agricultural Services
Providing health information about health, wellness, fitness programs, meal planning and nutrition via a website; weight reduction, diet planning services; providing health information and recipes in the field of weight loss and diet planning including via a website.
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [041]
Education and Entertainment Services
Physical fitness instruction; physical fitness training services; physical education; physical education instruction; physical health education, namely providing classes, webinars, online videos, one-on-one and group coaching both in person and online, in the field of physical health; providing courses of instruction in the field of physical and mental health and wellbeing, fitness, nutrition and personal development; online publication of journals or diaries, namely blogs featuring content in the field of physical and mental health and wellbeing, fitness, nutrition and recipes, personal development, and product recommendations; providing information, including online, in the field of fitness education, training, sporting and cultural activities; provision of education services via an online forum, namely providing classes, webinars, videos, one-on-one and group coaching in the field of physical and mental health and wellbeing, fitness, nutrition, and personal development; providing online videos, not downloadable, in the field of physical and mental health and wellbeing, fitness, nutrition and recipes, personal development, and product recommendations
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [021]
Houseware and Glass Products
Cups; drinking bottles for sports; drinking vessels.
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [009]
Computer & Software Products & Electrical & Scientific Products
Downloadable computer software applications for portable media players, handheld computers, and mobile devices, namely software that enables users to access fitness and exercise programs and plans, set and track fitness and health goals, access recipes and meal plans, scan barcodes to obtain nutritional information, track exercise and health data and nutrition information, participate in fitness and health challenges, utilise a digital diary, and engage with an online community; downloadable software applications for portable media players, handheld computers, and mobile devices, namely software that enables users to access fitness and exercise programs and plans, set and track fitness and health goals, access recipes and meal plans, scan barcodes to obtain nutritional information, track exercise and health data and nutrition information, participate in fitness and health challenges, utilise a digital diary, and engage with an online community; personal computer application software for use in the electronic storage and transmission of biometric data and other data in the field of health, fitness, exercise, diet and nutrition; covers for headphones, earphones, earbuds; downloadable video recordings featuring instruction and entertainment content in the fields of health, fitness, nutrition, recipes, dietary plans, wellness, personal care, and lifestyle; headphones; earphones; earbuds
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [027]
Floor Covering products
Yoga mats.
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [035]
Advertising, Business & Retail Services
Retail store services, including online, in the field of fitness and exercise accessories and equipment, gym towels, drinking vessels and drink bottles, recipes and workout programs; wholesaling of goods in the field of fitness and exercise accessories and equipment, gym towels, drinking vessels and drink bottles, recipes and workout programs; the bringing together, for the benefit of others, of fitness and exercise accessories and equipment, gym towels, drinking vessels and drink bottles, recipes and workout programs, excluding the transport thereof, enabling customers to conveniently view and purchase the goods by means of retail stores and online retail stores
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [028]
Toys and Sporting Goods Products
Flex-bands for exercise being resistance bands for fitness purposes; physical exercise apparatus, other than for medical use, namely straps that are affixed to exercise equipment for performance of weight resistance exercises, exercise machines and exercise bands not for physical therapy purposes; dumb-bells; manually-operated exercise equipment, other than for medical rehabilitative purposes; body toner apparatus for exercise, namely exercise machines for toning arm, leg, gluteus and abdominal muscles; fitness apparatus, namely balance boards and balance balls for improving strength, toning, conditioning, balance and proprioception; exercise balls; exercise balls for use during pregnancy; yoga blocks; yoga straps; manually-operated exercise equipment, namely core sliders; exercise gloves being workout gloves; training gloves, namely workout gloves, weightlifting gloves, yoga gloves, running gloves; weights for physical exercise, other than adapted for medical use; weight training apparatus, other than for medical use, namely wrist and ankle weights for exercising, leg weights for exercising, weight lifting equipment namely bars and benches, exercise weights, dumb-bells for weight lifting, and exercise equipment namely weight lifting machines
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [024]
Fabrics
Towels of textile
First Use Date in General
N/A
First Use Date in Commerce
N/A
Mark Details
Serial Number
No 79397080
Mark Type
No Service Mark
Attorney Docket Number
No
44D Filed
No
44D Current
No
44E filed
No
44E Current
No
66A Filed
Yes
66A Current
Yes
Current Basis
No
No Basis
No
Legal History
| Status Date | Action Taken |
|---|---|
| 19th Oct 2024 | REFUSAL PROCESSED BY IB |
| 27th Sep 2024 | REFUSAL PROCESSED BY MPU |
| 27th Sep 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| 25th Sep 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| 24th Sep 2024 | NON-FINAL ACTION WRITTEN |
| 23rd Sep 2024 | ASSIGNED TO EXAMINER |
| 18th Jun 2024 | APPLICATION FILING RECEIPT MAILED |
| 18th Jun 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| 13th Jun 2024 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| 06th Jun 2024 | SN ASSIGNED FOR SECT 66A APPL FROM IB |