THE SMART BEHIND THE SWEAT

What this means for you

Not registered yet, but its 27 Dec 2022 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

97733095

Mark type

Stylized text

Filed

27 Dec 2022

Published for opposition

12 Mar 2024

Attorney of record

Daniel E. Kattman

Goods and services

• Class 009 — Scientific and electric apparatus: Downloadable educational software for assisting high school and college athletes with transitioning from high school to college, applying for colleges, navigating and selecting colleges and college athletic programs, understanding college athletics, mental and physical skill development and training for athletic competition, athletic competition, and behavioral and mental wellness for athletes; Downloadable virtual reality software for organizing, streaming, and conducting live virtual educational events for assisting high school and college athletes transition from high school to college, applying for colleges, navigating and selecting colleges and college athletic programs, understanding college athletics, mental and physical skill development and training for athletic competition, athletic competition, and behavioral and mental wellness for athletes; Downloadable virtual reality game software for use in online virtual worlds for assisting high school and college athletes transition from high school to college, applying for colleges, navigating and selecting colleges and college athletic programs, college athletics, mental and physical skill development and training for athletic competition, athletic competition, and behavioral and mental wellness for athletes
• Class 018 — Leather goods: Tote bags; back packs
• Class 025 — Clothing: Clothing, namely, T-shirts, short-sleeve shirts, long-sleeve shirts, tank tops, fleece shirts, polo shirts, fleece pants, shorts, pants, sweatshirts, sweatpants, sweaters, jackets, shoes, hats, baseball caps and beanies, scarves, socks, athletic shirts, athletic pants, athletic socks, and jerseys
• Class 028 — Toys and sporting goods: sporting goods, namely, carriers specially adapted for sport balls
• Class 035 — Advertising and business services: Sports recruiting services for high school athletes; Recruitment of students for higher education institutions; Sports agency advisory services for high school athletes, namely, providing advice about commercial sponsorships and endorsements; Sports agency advisory services for high school and college athletes regarding recruitment of high school athletes, namely, providing advice about commercial sponsorships and endorsements; Negotiation of business contracts, sponsorships, and endorsements for others; Sports agency advisory services for high school and college athletes; Sports agency advisory services in the field of endorsements and sponsorships; Providing advice for high school and college athletes transitioning from high school to college or athletic programs in the field of negotiating housing lease agreements
• Class 038 — Telecommunications services: Telecommunications services, namely, transmission of voice, data, video, and images by means of telecommunications networks, wireless communication networks, and the Internet; providing online forums, namely, chat rooms for communication on topics of general interest; Streaming of video and audio material on the Internet in the nature of virtual live entertainment events; Providing third party users with access to telecommunication infrastructure, namely, Providing online video- and-audio enabled telecommunication services among computer users participating in online virtual athletic and educational events, virtual celebrations, virtual sporting events, and virtual competitions
• Class 041 — Education and entertainment services: Providing a website featuring non-downloadable publications in the nature of articles, blogs, classes, seminars, workshops, tutoring, and mentoring in the fields of athletics, mental well-being, preparing for transition from high school to college, applying for colleges, navigating and selecting colleges and college athletic programs, college athletics, mental and physical skill development and training for athletic competition, athletic competition, and behavioral wellness for athletes; Education services, namely, providing classes, seminars, workshops, tutoring, and mentoring in the fields of athletics, mental well-being, preparing for transition from high school to college, applying for colleges, navigating and selecting colleges and college athletic programs, college athletics, mental and physical skill development and training for athletic competition, athletic competition, and behavioral wellness for athletes; Physical fitness consultation based on an analysis of data obtained from electronic devices worn by athletes to monitor and track fitness and health goals; Providing fitness technology training services, namely, training athletes on the use of electronic devices used to monitor and track fitness; Educational services, namely, arranging and conducting virtual live educational events for assisting high school and college athletes transition from high school to college, applying for colleges, navigating and selecting colleges and college athletic programs, college athletics, mental and physical skill development and training for athletic competition, athletic competition, and behavioral and mental wellness for athletes; Entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure or entertainment purposes; Entertainment services, namely, arranging, organizing, and conducting virtual live informational symposium events in the fields of high school and college athletics; Entertainment services in the nature of organizing virtual live social entertainment events, namely, sporting events, concerts, and award ceremonies; Entertainment services, namely, providing virtual environments in which users can interact for entertainment purposes, namely, attending virtual celebrations, events, and competitions; Providing advice for high school and college athletes transiting from high school to college or athletic programs in the field of providing educational and curricular tutoring at the undergraduate and graduate levels, and academic mentoring of collegiate athletes
• Class 042 — Scientific and technological services: Providing online non-downloadable software for the purpose of assisting high school and college athletes transition from high school to college, applying for colleges, navigating and selecting colleges and college athletic programs, for researching and selecting mental and physical skill development and training programs for athletic competition and programs related to behavioral and mental wellness for athletes; Providing online non-Downloadable virtual reality software for organizing, streaming, and conducting live virtual entertainment events for assisting high school and college athletes transition from high school to college, applying for colleges, navigating and selecting colleges and college athletic programs, college athletics, mental and physical skill development and training for athletic competition, athletic competition, and behavioral and mental wellness for athletes; Providing online non-downloadable virtual reality game software for use in online virtual worlds; Hosting software platforms for virtual reality-based virtual world environments in which users can interact for entertainment purposes, namely, attending virtual events in the nature of celebrations and competitions
• Class 045 — Legal and security services: Online social networking services in the field of assisting high school and college athletes transitioning from high school to college, applying for colleges, navigating and selecting colleges and college athletic programs, college athletics, mental and physical skill development and training for athletic competition, athletic competition, and behavioral and mental wellness for athletes

Owner

• CYBERATHLETIX, LLC, BROOKFIELD, WI, US
• CYBERATHLETIX, LLC, BROOKFIELD, WI, US

Prosecution history

• 08 Nov 2025 — NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
• 07 Nov 2025 — SOU TEAS EXTENSION RECEIVED
• 08 Nov 2025 — SOU EXTENSION 3 GRANTED
• 07 Nov 2025 — SOU EXTENSION 3 FILED
• 07 Nov 2025 — SOU TEAS EXTENSION RECEIVED
• 08 May 2025 — NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
• 08 May 2025 — SOU EXTENSION 2 GRANTED
• 07 May 2025 — SOU EXTENSION 2 FILED
• 07 May 2025 — SOU TEAS EXTENSION RECEIVED
• 03 Mar 2025 — NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
• 08 Nov 2024 — SOU EXTENSION 1 GRANTED
• 07 Nov 2024 — SOU EXTENSION 1 FILED
• 07 Nov 2024 — SOU TEAS EXTENSION RECEIVED
• 07 May 2024 — NOA E-MAILED - SOU REQUIRED FROM APPLICANT
• 12 Mar 2024 — OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED