| Serial Number | 97195013 |
| Word Mark | 5ER |
| Filing Date | Wednesday, December 29, 2021 |
| Status | 809 - SU - FINAL REFUSAL - MAILED |
| Status Date | Tuesday, November 19, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, June 6, 2023 |
| Goods and Services | Entertainment services, namely, an ongoing series in the fields of exercise, fitness and nutrition provided through webcasts, podcasts, radio broadcasts, cable television, and the internet; providing fitness information and on-line instruction in the field of physical exercise and tracking progress of workouts, via a website; providing fitness information on a website via a global computer network; publication of on-line diaries and providing non-downloadable electronic publications in the nature of articles and brochures in the fields of exercise, fitness and nutrition via a website; educational services and on-line educational services, namely, providing instruction in the fields of the use of exercise equipment and physical exercise, and instructional materials distributed in connection therewith; physical fitness training services, namely, tracking progress of workouts for others; entertainment services, namely, conducting contests; education and entertainment services, namely, providing non downloadable audio clips, video clips, musical performances, musical videos, film clips, photographs, audio visual materials and information all in the field of exercise and fitness, via a website; entertainment services, namely, providing temporary use of non-downloadable electronic games; educational services, namely, providing web based and classroom training in the field of the use of exercise equipment and physical fitness for certification of and continuing education for instructors and distribution of training material in connection therewith; educational services, namely, conducting classes, seminars, conferences, workshops, and field trips in the field of the use of exercise equipment and sales techniques and distribution of training material in connection therewith; provision of training, namely, members training in the field of the use of exercise equipment and sales techniques; educational services, namely, offering of assessments and surveys in the field of educator training and performance for the purpose of improving teaching procedures; physical fitness training services and consultancy; providing information in the field of exercise training services and on-line educational services, namely, providing instruction in the field of nutrition, and instructional materials distributed in connection therewith; educational services, namely, providing web-based and classroom training in the field of diet and nutritional programs for certification of and continuing education for instructors and distribution of training material in connection therewith; educational services, namely, conducting classes, seminars, conferences, workshops, and field trips in the field of diet and nutritional programs; educational services, namely, providing training to members in the field of diet and nutritional programs |
| Goods and Services | Downloadable, interactive multimedia computer software for database management, for sharing web based videos and documents, and for electronic storage of data which provides audio, audiovisual and video training information on the subject of physical exercise, physical exercise equipment, diet and nutrition, and pictures, images, text, and photos related thereto; downloadable computer application software for mobile phones, portable media players, and handheld computers, namely, downloadable software for database management, for sharing web based videos and documents, and for electronic storage of data, in the field of exercise, fitness and dietary information and instruction; downloadable computer application software in the field of exercise, fitness and dietary information and instruction, namely, downloadable messaging software for mobile phones, portable media players, handheld computers and related mobile devices; downloadable computer application software for mobile phones, portable media players, handheld computers and related mobile devices, namely, software that allows users to provide fitness coaching reviews and recommendations for fitness coaches; downloadable computer software for the display, access, and management of user data and for accessing multimedia content |
| Goods and Services | Electronic transmission and streaming of digital media content for others via global and local computer networks; streaming of audio, visual and audiovisual material via a global computer network; video on demand transmissions; mobile media services in the nature of electronic transmission, broadcasting and delivery of audio, video and multimedia entertainment content including text, data, images, audio, video and audiovisual files by means of the Internet, wireless communication, electronic communications networks and computer networks; providing internet chatroom |
| Pseudo Mark | FIVER; FIVE ER |
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 100, 101, 104 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, January 5, 2022 |
| Primary Code | 038 |
| First Use Anywhere Date | Friday, July 1, 2022 |
| First Use In Commerce Date | Friday, July 1, 2022 |
| 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 | Wednesday, January 5, 2022 |
| Primary Code | 009 |
| First Use Anywhere Date | Friday, July 1, 2022 |
| First Use In Commerce Date | Friday, July 1, 2022 |
| 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 | Wednesday, January 5, 2022 |
| Primary Code | 041 |
| First Use Anywhere Date | Friday, July 1, 2022 |
| First Use In Commerce Date | Friday, July 1, 2022 |
| Party Name | Beachbody, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | El Segundo, CA 90245 |
| Party Name | Beachbody, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | El Segundo, CA 90245 |
| Event Date | Event Description |
| Wednesday, February 2, 2022 | TEAS VOLUNTARY AMENDMENT RECEIVED |
| Saturday, January 1, 2022 | NEW APPLICATION ENTERED |
| Wednesday, January 5, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, February 2, 2022 | TEAS AMENDMENT ENTERED BEFORE ATTORNEY ASSIGNED |
| Thursday, February 3, 2022 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, February 3, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, February 3, 2022 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Monday, August 15, 2022 | ASSIGNED TO EXAMINER |
| Tuesday, August 16, 2022 | NON-FINAL ACTION WRITTEN |
| Tuesday, August 16, 2022 | NON-FINAL ACTION E-MAILED |
| Tuesday, August 16, 2022 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, February 13, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, February 13, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, February 13, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, March 30, 2023 | NON-FINAL ACTION WRITTEN |
| Thursday, March 30, 2023 | NON-FINAL ACTION E-MAILED |
| Thursday, March 30, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, April 5, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, April 5, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, April 6, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, May 3, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, May 17, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, June 6, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, January 30, 2024 | TEAS STATEMENT OF USE RECEIVED |
| Tuesday, June 6, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, August 1, 2023 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, January 30, 2024 | USE AMENDMENT FILED |
| Wednesday, February 21, 2024 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Wednesday, February 21, 2024 | STATEMENT OF USE PROCESSING COMPLETE |
| Thursday, May 9, 2024 | SU - NON-FINAL ACTION - WRITTEN |
| Thursday, May 9, 2024 | NON-FINAL ACTION E-MAILED |
| Thursday, May 9, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, July 31, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, October 29, 2024 | ASSIGNED TO LIE |
| Tuesday, October 29, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, October 29, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, November 19, 2024 | FINAL REFUSAL E-MAILED |
| Tuesday, November 19, 2024 | SU - FINAL REFUSAL - WRITTEN |
| Tuesday, November 19, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |