VPA

Live / Registered — Registered — partial invalidation of extension of protection (as of 15 Oct 2024)

What this means for you

Registered since 03 Apr 2018. The owner can stop confusingly similar uses in the classes it covers.

Record

Serial number
79212368
Registration number
5435586
Mark type
Stylized text
Filed
07 Apr 2017
Published for opposition
19 Dec 2017
Registered
03 Apr 2018
Attorney of record
Thomas L. Difloure

Goods and services

  • Class 009 — Scientific and electric apparatus: Downloadable electronic publications in the nature of books, magazines, training manuals in the field of nutrition, exercise, weight loss, personal fitness and health; application software; downloadable webcasts in the field of nutrition, exercise, weight loss, personal fitness and health; downloadable podcasts in the field of nutrition, exercise, weight loss, personal fitness and health [ ; apparatus for recording, transmission or reproduction of sound and images; pre-recorded DVDs featuring nutrition, exercise, weight loss, personal fitness and health; pre-recorded compact discs featuring nutrition, exercise, weight loss, personal fitness and health; video transmission apparatus for digital broadcasting; magnetically encoded gift cards vouchers; eyewear; cases adapted for sunglasses; sunglasses; articles of protective clothing with built in armor for protection against accident or injury for use in sporting activities; computers; magnetically encoded gift cards ]
  • Class 018 — Leather goods: All-purpose carrying bags; travelling bags; travel bags; leather bags; imitation leather bags; sport bags, other than those adapted to contain specific sports apparatuses; shopping bags not made of paper; [ luggage; ] handbags; [ toiletry bags sold empty; ] backpacks; beach bags; [ travel cases; ] knapsacks; [ overnight bags; ] leather and imitation leather
  • Class 021 — Housewares and glass: [ Non-electric food mixers for household purposes; cocktail shakers; cups; mugs; drinking glasses; ] drinking bottles for sports; drinking containers, namely, water bottles sold empty [ ; drinking vessels; holders for drinking vessels for use in the gym; non-electric portable coolers; insulating sleeve holder for beverage cups; beverageware; coasters, not of paper or textiles; insulated bags for food or beverage for domestic use ]
  • Class 025 — Clothing: Clothing, namely, shirts, shorts, pants, singlets, jackets, jumpers, socks and underwear; footwear; headwear, namely, hats and caps; sportswear, namely, shirts, shorts, pants, singlets, jackets, jumpers, socks and underwear; gym wear clothing, namely, shirts, shorts, pants, singlets, jackets, jumpers, socks and underwear
  • Class 028 — Toys and sporting goods: Sporting apparatus, namely, skipping ropes, boxing gloves, weight lifting gloves and work-out gloves; gymnastic apparatus; weight lifting belts; weight training apparatus, other than for medical use, namely, bar-bells and dumb-bells; exercise weights, other than adapted for medical use; exercise equipment, other than for medical rehabilitative purposes, namely, weight lifting machines, weight lifting bars, weight lifting benches, exercise bands, training bars and rowing machines; exercise machines; stationary exercise bicycles; body-training apparatus; punching bags; bags specially adapted for sports equipment
  • Class 030 — Staple foods: Puddings for use as a dessert; puddings, in powder form, for use as a dessert; ready-to-eat puddings for use as a dessert; high-protein cereal bars; chocolate-based beverages; cocoa-based beverages; tea-based beverages; herbal infusions, other than for medicinal use; [ cocoa powder for use in making beverages; powdered sugar for preparing isotonic beverages; instant powdered flavor enhancers used in food and beverage product; ] snack bars containing a mixture of grains, nuts and dried fruit confectionery; caramels; custards
  • Class 032 — Light beverages: Energy drinks; sports drinks containing electrolytes; sports drinks; isotonic beverages; isotonic drinks; [ powders used in the preparation of sports and energy drinks with effervescence; syrup for beverages; aerated mineral waters; waters, namely, mineral waters and drinking waters; ] fruit beverages [ ; vegetable juice made from extracts of vegetable ]
  • Class 035 — Advertising and business services: [ Retail store services featuring dietary and nutritional supplements, health supplements, health foods, fitness and body training equipment, sporting goods, beverages, beverage holders, beverage shakers, towels and clothing; online store services featuring dietary and nutritional supplements, health supplements, health foods, fitness and body training equipment, sporting goods, beverages, beverage holders, beverage shakers, towels and clothing; wholesale distributorships featuring dietary and nutritional supplements, health supplements, health foods, fitness and body training equipment, sporting goods, beverages, beverage holders, beverage shakers, towels and clothing; wholesale store services featuring dietary and nutritional supplements, health supplements, health foods, fitness and body training equipment, sporting goods, beverages, beverage holders, beverage shakers, towels and clothing; advertising and marketing; marketing, advertising, and promoting the retail goods and services of others through wireless electronic devices and by providing coupons, rebates and vouchers for the goods of others ]

Owner

Prosecution history

  • 12 Feb 2026 — PARTIAL INVALIDATION PROCESSED BY THE IB
  • 10 Nov 2025 — PARTIAL INVALIDATION OF REG EXT PROTECTION SENT TO IB
  • 10 Nov 2025 — INVALIDATION PROCESSED
  • 15 Jun 2025 — PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED
  • 15 Oct 2024 — NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED
  • 15 Oct 2024 — REGISTERED - PARTIAL SEC 71 ACCEPTED
  • 08 Oct 2024 — TEAS RESPONSE TO OFFICE ACTION-POST REG RECEIVED
  • 08 Oct 2024 — PROOF OF USE INTERIM ACTION ISSUED
  • 30 Sept 2024 — TEAS RESPONSE TO OFFICE ACTION-POST REG RECEIVED
  • 22 Apr 2024 — OFFICE ACTION ISSUED POU1
  • 21 Apr 2024 — CASE ASSIGNED TO POST REGISTRATION PARALEGAL
  • 03 Apr 2024 — TEAS SECTION 71 RECEIVED
  • 20 Aug 2022 — NEW REPRESENTATIVE AT IB RECEIVED
  • 26 Apr 2019 — NEW REPRESENTATIVE AT IB RECEIVED
  • 11 Aug 2018 — FINAL DECISION TRANSACTION PROCESSED BY IB

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