| Serial Number | 85360331 |
| Word Mark | 2 A DAY WORKOUT GEAR |
| Filing Date | Thursday, June 30, 2011 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, September 17, 2012 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 20, 2011 |
| Indication of Colors claimed | The color(s) black, white, gold, brown and maroon is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "WORKOUT GEAR" |
| Description of Mark | The mark consists of a maroon football outlined in black, with a white thick stripe outlined in black on each top side of the football. A horizontal line with eight spaced vertical white lines outlined in black on the upper portion of the football. The number "2" in white and outlined in black followed by a gold star with the letter "A" in black and outlined in white in the center, followed by a flexed muscular arm with a clenched fist in brown, outlined in black with the word "DAY" in black and outlined in white on the bicep part of the flexed arm. The words "WORKOUT GEAR" are in white and outlined in black, written directly under the black divisional line of the football. |
| Goods and Services | Audio and video recordings featuring exercise instructional seminars; Digital media, namely, pre-recorded DVDs, downloadable audio and video recordings, and CDs featuring and promoting exercise instructional seminars; Digital media, namely, pre-recorded video cassettes, digital video discs, digital versatile discs, downloadable audio and video recordings, DVDs, and high definition digital discs featuring exercise instructional seminars; DVDs featuring exercise instructional seminars; Educational software featuring instruction in exercise instructional seminars; Football helmets; Pre-recorded CDs, video tapes, laser disks and DVDs featuring exercise instructional seminars; Pre-recorded digital media featuring exercise instructional seminars; Pre-recorded digital video discs featuring exercise instructional seminars; Pre-recorded DVDs featuring exercise instructional seminars; Pre-recorded electronic and digital media featuring exercise instructional seminars; Prerecorded audio cassettes featuring exercise instructional seminars; Prerecorded audio tapes featuring exercise instructional seminars; Prerecorded digital audio tape featuring exercise instructional seminars; Prerecorded digital video disks featuring exercise instructional seminars; Prerecorded video cassettes featuring exercise instructional seminars; Prerecorded video tapes featuring exercise instructional seminars; Video disks featuring exercise instructional seminars |
| Goods and Services | Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic footwear; Athletic shoes; Athletic tights; Athletic uniforms; Cap visors; Caps; Caps with visors; Cleats for attachment to sports shoes; Clothing for athletic use, namely, padded elbow compression sleeves being part of an athletic garment; Clothing for athletic use, namely, padded pants; Clothing for athletic use, namely, padded shirts; Clothing for athletic use, namely, padded shorts; Clothing, namely, athletic sleeves; Flip flops; Football shoes; Footwear for track and field athletics; Golf shirts; Hooded sweat shirts; Jerseys; Jogging outfits; Jogging pants; Jogging suits; Shirts; Sports shirts; Sweat bands; Sweat jackets; Sweat pants; Sweat shirts; Sweat shorts; Sweatsocks; T-shirts; Thongs; Tracksuits; Undergarments; Visors; Warm up outfits; Warm-up suits; Women's athletic tops with built-in bras |
| Goods and Services | Accessory for manually-operated exercise equipment, namely, accessory attachment to increase muscle resistance; Arm guards for athletic use; Athletic equipment, namely, guards for mouth, chin; Athletic equipment, namely, hand wraps; Athletic equipment, namely, mouth guards; Athletic equipment, namely, striking bags; Athletic equipment, namely, striking shields; Athletic equipment, namely, training devices to be worn on the body for support; Athletic protective pads for football; Athletic sporting goods, namely, athletic wrist and joint supports; Athletic supporters; Athletic tape; Athletic training devices, namely, weighted inserts for footwear; Dumb-bell shafts; Dumb-bells; Elbow guards for athletic use; Elbow pads for athletic use; Exercise and gymnastic banners; Exercise bars; Exercise benches; Exercise doorway gym bars; Exercise equipment, namely, neck and shoulder supported weights for twisting and lifting exercises; Exercise weight cuffs; Exercise weights; Exercise wrist weights; Football body protectors; Football chest pads; Football elbow pads; Football girdles; Football gloves; Football knee pads; Football leg pads; Football shoulder pads; Footballs; Hand pads for athletic use; Knee guards for athletic use; Knee pads for athletic use; Leg guards for athletic use; Leg weights for athletic use; Manual leg exercisers; Manually-operated exercise equipment; Manually-operated exercise equipment for physical fitness purposes; Men's athletic supporters; Mouth guards for athletic use; Pads for use in football; Personal exercise mats; Protective athletic cups; Protective padding for playing football; Punching bags; Safety padding for football; Shin guards for athletic use; Shin pads for athletic use; Shin pads for use in football; Shoulder pad elastic for athletic use; Shoulder pad lacelocks for athletic use; Shoulder pad laces for athletic use; Shoulder pads for athletic use; Sporting goods and equipment for speed training, namely, rings, cones, speed ladders, coaching sticks, training arches, ankle bands, resistance chutes, hurdles; Sporting goods, namely, a sports training device to improve strength, toning, conditioning, balance, and proprioception; Spring bar tension sets for use in exercising; Spring bars for exercising; Stationary exercise bicycles; Throat protectors for athletic use; Wrist and ankle weights for exercise; Wrist guards for athletic use |
| Pseudo Mark | TWO A DAY WORKOUT GEAR |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, July 8, 2011 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, July 8, 2011 |
| Primary Code | 025 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 028 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. |
| US Class Codes | 022, 023, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, July 8, 2011 |
| Primary Code | 028 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | 2 A DAY WORKOUT GEAR, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | TEANECK, NJ 07666 |
| Party Name | 2 A DAY WORKOUT GEAR, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | TEANECK, NJ 07666 |
| Event Date | Event Description |
| Monday, September 17, 2012 | ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED |
| Monday, September 17, 2012 | ABANDONMENT - NO USE STATEMENT FILED |
| Tuesday, February 14, 2012 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, December 20, 2011 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, December 20, 2011 | PUBLISHED FOR OPPOSITION |
| Wednesday, November 30, 2011 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, November 17, 2011 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, November 16, 2011 | ASSIGNED TO LIE |
| Monday, October 24, 2011 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, October 24, 2011 | EXAMINER'S AMENDMENT ENTERED |
| Monday, October 24, 2011 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, October 24, 2011 | EXAMINERS AMENDMENT E-MAILED |
| Monday, October 24, 2011 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, October 14, 2011 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, October 14, 2011 | NON-FINAL ACTION E-MAILED |
| Friday, October 14, 2011 | NON-FINAL ACTION WRITTEN |
| Thursday, October 13, 2011 | ASSIGNED TO EXAMINER |
| Saturday, July 9, 2011 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Friday, July 8, 2011 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Monday, July 4, 2011 | NEW APPLICATION ENTERED IN TRAM |