MAXXON

What this means for you

Not registered yet, but its 25 Jun 2001 filing date beats anything filed after it. If it registers, the owner can stop confusingly similar uses in the classes it covers.

Record

Serial number

76275363

Mark type

Word mark

Filed

25 Jun 2001

Published for opposition

13 May 2003

Attorney of record

John L. Haller

Goods and services

• Class 003 — Cosmetics and cleaning preparations: Cosmetics and Cleaning Preparations; namely skin, hair, facial, and body lotions; sunburn lotion
• Class 005 — Pharmaceuticals: Pharmaceuticals; namely appetite suppressants, cholesterol reducers, diet capsules, diet pills, diet drinks for use as a meal replacement, dietary food supplements, dietary supplements, meal replacements and dietary supplement drink mixes, meal replacement powders, nutritional drink mixes for use as meal replacements, nutritional supplements, and herbal dietary supplements; dairy based meal replacement bars
• Class 025 — Clothing: Clothing; namely baseball caps, jackets, neckties, polo shirts, scarves, and T-shirts
• Class 028 — Toys and sporting goods: Toys and Sporting Goods; namely exercise machines and weights
• Class 029 — Meats and processed foods: Meats and Processed Foods; namely flavored whey based food beverages; soy based food beverages used as a milk substitute; dairy based chocolate food beverages; dairy based foods, namely beverages and snack bars ; chips, namely banana chips, fruit chips, and potato chips; chocolate milk; dairy products, namely ice cream, ice milk, and frozen yogurt; milk; protein for use as a food additive; protein for use as a food filler; snack foods, namely bars and chips consisting of whey protein product; snack food dips; whey
• Class 030 — Staple foods: Staple Foods; namely herbal food beverages; grain based beverages; processed breakfast cereals; candy; cereal-based snack food; cereal derived food bars consisting of whey protein; chewing gum; chips, namely corn chips, tortilla chips, and grain based chips; cookies; crackers; food bars; herb teas; honey; oatmeal; rolled oats;pretzels; rice based snack foods; sauces; spices; wafers; wheat protein; and yeast
• Class 032 — Light beverages: Light Beverages, namely fruit drinks; fruit juices; fruit nectars; fruit punch; isotonic drinks
• Class 035 — Advertising and business services: Advertising and Business, namely retail store services featuring food and diet and nutrition products
• Class 041 — Education and entertainment services: Education and Entertainment Services, namely athletic competitions; Health club services, namely providing instruction and education in the field of physical exercise; conferences in the fields of athletics, health and diet; Education services, namely providing classes, seminars, and one on one training in the fields of athletics, health and diet; exhibitions in the fields of sports related to weightlifting and weight training fitness and diet; and ports tournaments related to weightlifting, fitness and weight training; sports tournaments; fan clubs; physical education services; seminars in the field of athletics and diet; weight lifting competitions; and television production
• Class 042 — Scientific and technological services: Miscellaneous Services, namely counseling in the area of nutrition, diet, medical problems, exercise, and fitness; food preparation; physical fitness consulting; physical rehabilitation; product research; providing health care information; and restaurant services

Owner

• NEXT NUTRITION, INC., Carlsbad, CA, US
• NEXT NUTRITION, INC., Carlsbad, CA, US

Prior registrations

• Registration 2203045

Prosecution history

• 24 Jan 2005 — PETITION TO REVIVE-DENIED
• 24 Jan 2005 — INCOMPLETE PETITION NOTICE MAILED
• 13 Aug 2004 — PETITION TO REVIVE-RECEIVED
• 13 Aug 2004 — PAPER RECEIVED
• 13 Aug 2004 — CASE FILE IN TICRS
• 11 Aug 2004 — SOU TEAS EXTENSION RECEIVED
• 21 Jan 2004 — SOU EXTENSION 1 GRANTED
• 29 Dec 2003 — SOU EXTENSION 1 FILED
• 29 Dec 2003 — SOU TEAS EXTENSION RECEIVED
• 05 Aug 2003 — NOA MAILED - SOU REQUIRED FROM APPLICANT
• 13 May 2003 — PUBLISHED FOR OPPOSITION
• 23 Apr 2003 — NOTICE OF PUBLICATION
• 25 Feb 2003 — APPROVED FOR PUB - PRINCIPAL REGISTER
• 09 Dec 2002 — CORRESPONDENCE RECEIVED IN LAW OFFICE
• 10 Feb 2003 — PETITION TO REVIVE-GRANTED