| Serial Number | 85240280 |
| Word Mark | 49 PLUS AND HOLDING! |
| Filing Date | Friday, February 11, 2011 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, May 6, 2013 |
| 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, August 7, 2012 |
| Indication of Colors claimed | The color(s) red, white and blue is/are claimed as a feature of the mark. |
| Description of Mark | The mark consists of the words "49 Plus and Holding!" in stylized form in red letters outlined in white on a blue background. |
| Goods and Services | Pre-recorded DVDs and video tapes featuring entertainment in the nature of visual and audio performances, educational information, instruction, and programs in the nature of prerecorded programs in the fields of health, nutrition, physical fitness, longevity, strength training, flexibility, fitness training, lifestyle, exercise, exercise conditioning, diet, nutrition, recipes, and weight loss; Downloadable pre-recorded computer programs, multimedia files and streaming media in the nature of digital streaming media, audio and video files, featuring entertainment in the nature of visual and audio performances, educational information, instruction, and programs in the nature of prerecorded programs in the fields of health, nutrition, physical fitness, longevity, strength training, flexibility, fitness training, lifestyle, exercise, exercise conditioning, diet, nutrition, recipes, and weight loss |
| Goods and Services | Printed matter, namely, books, brochures, magazines, newsletters, pamphlets and information cards in the fields of health, nutrition, physical fitness, longevity, strength training, flexibility, fitness training, lifestyle, exercise, exercise conditioning, diet, nutrition, recipes, and weight loss |
| Goods and Services | Providing a website featuring multimedia files and streaming media in the nature of digital streaming media, audio and video files, featuring entertainment in the nature of visual and audio performances, instruction, and programs in the nature of prerecorded programs in the fields of health, nutrition, physical fitness, longevity, strength training, flexibility, fitness training, lifestyle, exercise, exercise conditioning, diet, nutrition, recipes, and weight loss; Providing a website featuring multimedia files and streaming media in the nature of digital streaming media, audio and video files, featuring educational information in the fields of physical fitness, strength training, flexibility, fitness training, exercise, exercise conditioning; Providing a website featuring entertainment in the nature of visual and audio performances, instruction, and programs in the nature of prerecorded programs in the fields of health, nutrition, physical fitness, longevity, strength training, flexibility, fitness training, lifestyle, exercise, exercise conditioning, diet, nutrition, recipes, and weight loss; Providing a website featuring educational information in the fields of physical fitness, strength training, flexibility, fitness training, exercise, exercise conditioning; Personal fitness training and consulting services in the fields of physical fitness, strength training, flexibility, fitness training, exercise, exercise conditioning; providing a website featuring educational information in the fields of health and longevity issues, namely, exercise, lifestyle issues, namely, exercise; consulting services, in the fields of health, and longevity issues, namely, exercise, lifestyle issues, namely, exercise |
| Goods and Services | providing a website featuring non-downloadable computer programs featuring entertainment in the nature of visual and audio performances, instruction, and programs in the nature of prerecorded programs in the fields of health, nutrition, physical fitness, longevity, strength training, flexibility, fitness training, lifestyle, exercise, exercise conditioning, diet, nutrition, recipes, and weight loss; Providing a website featuring non-downloadable pre-recorded computer programs featuring educational information in the fields of physical fitness, strength training, flexibility, fitness training, exercise, exercise conditioning; providing a website featuring non-downloadable pre-recorded computer programs featuring recipes; providing a website featuring non-downloadable pre-recorded computer programs featuring information featuring health, nutrition, longevity issues, namely, health, nutrition, diet and exercise, lifestyle issues, namely, health, nutrition, diet and exercise, diet, nutrition, and weight loss |
| Goods and Services | providing a website featuring multimedia files and streaming media in the nature of digital streaming media, audio and video files, featuring recipes; providing a website featuring educational information in the field of recipes; consulting services in the fields of recipes |
| Goods and Services | providing a website featuring multimedia files and streaming media in the nature of digital streaming media, audio and video files, featuring health, nutrition, longevity issues, namely, health, nutrition, diet and exercise, lifestyle issues, namely, health, nutrition, diet and exercise, diet, nutrition, and weight loss; providing a website featuring educational information in the fields of health, nutrition, longevity issues, namely, health and nutrition, diet, lifestyle issues, namely, health and nutrition, diet, nutrition, and weight loss; consulting services, in the fields of health, nutrition, longevity issues, namely, health, nutrition and diet, lifestyle issues, namely, health, nutrition and diet, diet, nutrition, and weight loss |
| 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, February 18, 2011 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
| US Class Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, February 18, 2011 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, February 18, 2011 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, November 18, 2011 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, November 18, 2011 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, June 16, 2012 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | 49 Plus and Holding, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Marietta, GA 300668520 |
| Party Name | 49 Plus and Holding, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Marietta, GA 300668520 |
| Event Date | Event Description |
| Monday, May 6, 2013 | ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED |
| Monday, May 6, 2013 | ABANDONMENT - NO USE STATEMENT FILED |
| Tuesday, October 2, 2012 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, August 7, 2012 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, August 7, 2012 | PUBLISHED FOR OPPOSITION |
| Wednesday, July 18, 2012 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Friday, June 29, 2012 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Monday, June 25, 2012 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Saturday, June 16, 2012 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, June 15, 2012 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, June 15, 2012 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, June 15, 2012 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS |
| Saturday, February 11, 2012 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Saturday, February 11, 2012 | NON-FINAL ACTION E-MAILED |
| Saturday, February 11, 2012 | NON-FINAL ACTION WRITTEN |
| Monday, January 9, 2012 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Monday, January 9, 2012 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Wednesday, December 28, 2011 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, December 21, 2011 | ASSIGNED TO LIE |
| Friday, December 2, 2011 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, December 2, 2011 | EXAMINER'S AMENDMENT ENTERED |
| Friday, December 2, 2011 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Friday, December 2, 2011 | EXAMINERS AMENDMENT E-MAILED |
| Friday, December 2, 2011 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, November 18, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, November 17, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, November 17, 2011 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, May 18, 2011 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, May 18, 2011 | NON-FINAL ACTION E-MAILED |
| Wednesday, May 18, 2011 | NON-FINAL ACTION WRITTEN |
| Thursday, May 12, 2011 | ASSIGNED TO EXAMINER |
| Saturday, February 19, 2011 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Friday, February 18, 2011 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Tuesday, February 15, 2011 | NEW APPLICATION ENTERED IN TRAM |