USPTO serial 79338886
Reviewed by CopyMark Law Group
The USPTO has issued an Office Action on this application. A response is typically required before the deadline, or the application can be abandoned.
If you own this trademark, we can monitor new filings and help with USPTO deadlines. If you do not, we can file a new U.S. application.
The USPTO lists this attorney as the applicant's representative for correspondence on this application.
April L. Besl
April L. Besl Dinsmore & Shohl LLP255 East Fifth Street, Suite 1900Cincinnati, OH 45202United States| Class | Description | Status | First use |
|---|---|---|---|
| 009 | Downloadable computer application software for smartphones, namely, software for use in weight lifting, fitness, exercise and bodybuilding; downloadable computer application software for mobile phones, namely, software for weight lifting, fitness, exercise and bodybuilding; downloadable computer application software for mobile phones for providing information about exercise, health care and fitness; downloadable computer application software for mobile phones for providing information about diet; downloadable computer software for operating digital telephones; downloadable interactive mobile application software; downloadable interactive software for use in weight lifting, fitness, exercise and bodybuilding; downloadable computer software for transmitting and broadcasting audio, video and multimedia files; data processing software, recorded; downloadable digital video recordings featuring weight lifting, fitness, exercise, bodybuilding and diet tips; downloadable digital photographs; downloadable image files containing images of weight lifting, fitness, exercise and bodybuilding; downloadable digital event tickets; downloadable digital brochure in the field of music and music entertainment; downloadable emoticons for mobile phones; blank CDs; pre-recorded CDs featuring music; apparatus for broadcasting, recording, transmission or reproduction of sound, data or images; electronic media, not featuring computer software and music, namely, blank electronic storage media; downloadable music files; audio recordings featuring weight lifting, fitness, exercise, diet and bodybuilding information | ACTIVE | — |
| 016 | Pictorial prints; printed journals in the field of weight lifting, fitness, exercise, diet tips and bodybuilding; printed catalogues in the field of weight lifting, fitness, exercise, diet tips and bodybuilding; printed brochures (booklet) in the field of weight lifting, fitness, exercise, diet tips and bodybuilding; photographic prints; graphic prints and graphic representations; plastic sheets, films and bags for wrapping and packaging; printed tickets; printed posters; forms, printed and excluding books and periodicals; banners of paper; school supplies, namely, paper notebooks, note cards, paper index cards, paper folders, folders being stationery, printed agendas, printed desktop planners, paper flash cards, blank lesson plan books, loose leaf paper and loose leaf binders; writing instruments; stationery; office stationery, except furniture; stickers; flags and pennants of paper; printed event programs; labels of paper or cardboard; paper patterns, namely, stencils and patterns, being of paper for the transferring of graphic designs to crafts and artwork | ACTIVE | — |
| 025 | Footwear; sweat suits; sweat shirts; sweatpants; clothing, namely, hats, scarves, shirts, jackets, coats, bodysuits, camisoles, cardigans, hooded sweatshirts, tank tops, shorts, jeans, leggings, sports bras, skirts, sarongs, jumpsuits, dresses, tracksuits, headbands, blazers, ponchos and belts; sports socks; athletic tights; gloves including those made of skin, hide or fur; sweatbands; headwear; pants; parkas for winter sports; anoraks; sweat-absorbent underwear; waist belts; waterproof jackets and pants; sweaters; vests; tee-shirts; tops as clothing | ACTIVE | — |
| 028 | Body-building apparatus; men's athletic supporters; body protectors for athletic use, namely, for weight lifting and bodybuilding; body-training apparatus; barbells; dumb-bell shafts for weight lifting; exercise treadmills; bench press, namely, weight lifting benches, free weights, dumbbells and barbells; exercise bars; waist protectors for athletic use; bags specially adapted for sports equipment; wrist guards for athletic use; leg weights for exercising; kettlebells; stationary exercise bicycles; exercise platforms; gym balls for yoga; yoga straps; sporting articles, namely, weight lifting straps, weight lifting belts, protective supports for shoulders and elbows and waist trimmer exercise belts; games, namely, workout games, physical fitness games and exercise games and playthings, namely, balls, obstacle courses and children's gyms | ACTIVE | — |
| 029 | Processed meat; prepared dishes consisting principally of meat; pre-packaged dinners consisting primarily of meat; preserved, frozen, dried and cooked fruits and vegetables; food products made primarily from fruits, namely, fruit-based snack food, dried fruit mixes; pre-cut vegetable salads; organic nut and seed-based snack bars; tinned meat, fish, vegetables and fruits; tofu; cooked beans; meat; edible eggs; dairy products, namely, milk, cream, cheese, yogurt, butter and dairy substitutes, namely, plant-based milk, plant-based cream, plaint-based cheese, plaint-based yogurt, plant-based butter, butter substitutes; milk substitutes; milk; oils for food and edible fats; cooked escargot; fish roe, prepared; edible seaweed, processed; fish-based foodstuffs, namely, fish fillets, fish balls | ACTIVE | — |
| 032 | Protein-enriched sports beverages; soft drinks; energy drinks; isotonic beverages; fruit juices and fruit drinks; beverages containing amino acid and not for medical purposes, namely, energy drinks, exercise drinks, sports drinks; almond syrups used in the preparation of sports, exercise and energy drinks, for making soft drinks; powders used in the preparation of sports drinks, energy drinks, exercise drinks, soft drinks, fruit-based beverages; mixed fruit juices; soya-based beverages, not being milk substitutes; sherbet beverages; non-alcoholic rice-based beverages, other than milk substitutes; mineral and aerated waters; syrups and other concentrates for making beverages, syrups for making sports drinks, syrups for making energy drinks, syrups for making soft drinks; concentrates for making energy drinks, concentrates for making sports drinks, concentrates for making energy drinks; concentrates, syrups and powders used in the preparation of soft drinks; mineral waters; beer | ACTIVE | — |
| 035 | Advertising, marketing and publicity agency services; production of advertising matter and commercials; business management of entertainers; business management in the field of internet contents creator in a personal channel; business management in the field of broadcasting via the Internet, business management for internet content creators; retail store services featuring protein-enriched sports beverages; retail store services featuring sports drinks containing electrolytes; retail store services featuring prepared meat; retail store services featuring pre-packaged dinners consisting primarily of poultry; retail store services featuring stationery; retail store services featuring sportswear clothing; retail store services featuring physical exercise apparatus, other than for medical use; retail store services featuring gymnastic and sporting articles; retail store services featuring toys and playthings; retail store services featuring clothing; retail store services featuring electronic storage media containing pre-recorded music; retail store services featuring phonograph records; retail store services featuring downloadable digital video recordings; provision of an online marketplace for buyers and sellers of goods and services; retail store services featuring downloadable computer application software for mobile phones | ACTIVE | — |
| 038 | Electronic transmission and streaming of digital media content for others via global and local computer networks; providing on-line chat rooms, electronic bulletin boards and on-line forums for transmission of messages among computer users; transmission of information by electronic communications networks; providing access to a global computer network via mobile devices; providing access to online community sites via smartphone applications, providing access to online community sites via mobile applications, providing access to electronic community sites; electronic transmission of mobile content via a smart phone; transmission of advertising programs and media advertising communications via digital communications networks; radio, television and cable television broadcasting services; teletext and interactive television broadcasting services; audio and video broadcasting services via the Internet; Internet protocol broadcasting services; netcasting, namely, broadcasting programs via a global computer network; broadcasting of television programs, motion picture films, and other audiovisual and multimedia content via Internet protocol and communication networks; providing information relating to radio and television broadcasting services; webcasting services; live transmissions accessible via home pages on the internet via webcam, transmission of sound, video and information from web cams, all featuring live materials; radio and television broadcasting provided via the internet; electronic transmission of images, photographs, graphic images and illustrations via the internet, mobile communications networks, and other media; streaming services of video, audio, digital multimedia contents, and digital media contents via the internet, mobile communications networks, and global and local computer networks; electronic transmission, broadcasting and reception of audio, video, images, photographs, games, user-generated content, audio content, and information via the internet, mobile communications networks, and global and local computer networks | ACTIVE | — |
| 044 | Advisory services relating to health; providing information relating to dietary and nutritional guidance; health care services provided by a health spa; advisory services relating to weight control; bodywork therapy; body art, namely, tattooing services, temporary body art consisting of hand drawn designs applied to the body; beauty treatment services; consultancy provided via the Internet in the field of cosmetic body and beauty care; health spa services for health and wellness of the body and spirit; sports massage; nutrition and dietetic consultancy; health massage; psychological and lifestyle wellness counselling; psychological counselling services in the field of sports; branding of animals; conducting of psychological assessments and examinations; agricultural advice; pest control services for agriculture, aquaculture, horticulture and forestry vermin exterminating for agriculture, horticulture and forestry; horticultural services; consultancy relating to horticulture, forest habitat restoration, afforestation services, namely, converting land to forest by planting trees or their seeds; fish farming for others; veterinary services; flower arranging | ACTIVE | — |
CopyMark links this record to cited §2(d) serials, the owner's other marks, Nice classes, similar mark names, and recently changed USPTO applications.
| Date | Code | Event | What it means |
|---|---|---|---|
| Jun 25, 2026 | GNFN | NOTIFICATION OF FINAL REFUSAL EMAILED | — |
| Jun 25, 2026 | GNFR | FINAL REFUSAL E-MAILED | A final Office Action (final refusal) means the examining attorney is maintaining at least one refusal and your options are narrower. You can file a response addressing the refusal, appeal to the Trademark Trial and Appeal Board, or let the application abandon. |
| Jun 25, 2026 | CNFR | FINAL REFUSAL WRITTEN | A final Office Action (final refusal) means the examining attorney is maintaining at least one refusal and your options are narrower. You can file a response addressing the refusal, appeal to the Trademark Trial and Appeal Board, or let the application abandon. |
| May 30, 2026 | RCCK | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION | — |
| Oct 19, 2025 | RCSC | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED | — |
| Oct 18, 2025 | RCCK | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION | — |
| Apr 17, 2025 | RCSC | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED | — |
| Apr 17, 2025 | RCCK | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION | — |
| Oct 16, 2024 | RCSC | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED | — |
| Jul 8, 2024 | EWAF | TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS | — |
| Jul 8, 2024 | TCCA | TEAS CHANGE OF CORRESPONDENCE RECEIVED | — |
| Jul 8, 2024 | ARAA | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED | This event means the applicant filed a response to a USPTO Office Action — typically arguments, amendments, or evidence addressing the examiner's objections. The USPTO will review the response and either allow the mark to proceed or issue another action. |
| Jul 8, 2024 | REAP | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED | — |
| Dec 1, 2023 | ADCH | CHANGE OF NAME/ADDRESS REC'D FROM IB | — |
| Nov 16, 2023 | RCSC | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED | — |
| Oct 16, 2023 | OPNX | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB | — |
| Sep 27, 2023 | OPNS | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB | — |
| Sep 27, 2023 | OPNR | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB | — |
| Mar 16, 2023 | GNS3 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED | — |
| Mar 16, 2023 | GNSL | LETTER OF SUSPENSION E-MAILED | — |
| Mar 16, 2023 | CNSL | SUSPENSION LETTER WRITTEN | — |
| Feb 11, 2023 | TEME | TEAS/EMAIL CORRESPONDENCE ENTERED | — |
| Feb 10, 2023 | CRFA | CORRESPONDENCE RECEIVED IN LAW OFFICE | — |
| Feb 10, 2023 | TROA | TEAS RESPONSE TO OFFICE ACTION RECEIVED | This event means the applicant filed a response to a USPTO Office Action — typically arguments, amendments, or evidence addressing the examiner's objections. The USPTO will review the response and either allow the mark to proceed or issue another action. |
| Feb 10, 2023 | TROA | TEAS RESPONSE TO OFFICE ACTION RECEIVED | This event means the applicant filed a response to a USPTO Office Action — typically arguments, amendments, or evidence addressing the examiner's objections. The USPTO will review the response and either allow the mark to proceed or issue another action. |
| Jan 4, 2023 | RFNT | REFUSAL PROCESSED BY IB | — |
| Dec 13, 2022 | RFCS | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB | — |
| Dec 13, 2022 | RFRR | REFUSAL PROCESSED BY MPU | — |
| Oct 2, 2022 | RFCR | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW | — |
| Oct 1, 2022 | CNRT | NON-FINAL ACTION WRITTEN | A non-final Office Action means the USPTO examining attorney has raised at least one issue with your trademark application but has not made a final decision. You usually have three months to respond with arguments, amendments, or evidence. Missing the deadline can abandon the application. |
| Sep 26, 2022 | DOCK | ASSIGNED TO EXAMINER | — |
| Jun 4, 2022 | NREP | NEW REPRESENTATIVE AT IB RECEIVED | — |
| Apr 26, 2022 | MAFR | APPLICATION FILING RECEIPT MAILED | — |
| Apr 22, 2022 | NWOS | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED | — |
| Apr 21, 2022 | REPR | SN ASSIGNED FOR SECT 66A APPL FROM IB | — |