| Serial Number | 87508528 |
| Word Mark | ALL DAY ENERGY ONE CAN 50 BREATHS OXYGEN PLUS AUTO TRAVEL STUDY ELEVATION SPORT RECOVERY ALL NATURAL NO CARBS NO CAFFEINE NO CRASH PURE RECREATIONAL OXYGEN ENERGY + RECOVERY ELEVATE YOUR IQ GOT OXYGEN? |
| Filing Date | Wednesday, June 28, 2017 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Friday, November 9, 2018 |
| 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 | NOT AVAILABLE |
| Indication of Colors claimed | The color(s) blue, dark blue, silver, yellow, red, and white is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "OXYGEN", "RECREATIONAL OXYGEN", "AUTO", "TRAVEL", "STUDY", "ELEVATION", "SPORT", "RECOVERY", "ALL DAY ENERGY", "ALL NATURAL", "NO CARBS", "NO CAFFEINE", "NO CRASH" AND "ENERGY + RECOVERY" |
| Description of Mark | The mark consists of product packaging in the nature of a blue box design on a backing divided into twelve panels such that when folded the backing forms a box, wherein one or more of the panels contains the following: "ALL DAY ENERGY" in yellow, "ONE CAN=50+ BREATHS" in dark blue", "OXYGEN PLUS" in white, "AUTO TRAVEL STUDY ELEVATION SPORT RECOVERY" in silver, each term appearing beneath a related icon of a car, airplane, chair, mountain, running person, and martini glass, each in yellow and each design in a separate white circular outline. The "AUTO TRAVEL STUDY ELEVATION SPORT RECOVERY" wording and design combination also appears on other panels of the box in white. The icons of the car, airplane, chair, mountain, running person, and martini glass appear on four different panels, twice in white and twice in yellow. One display of the icons appears without the related wording. The packaging also displays the wording "ALL NATURAL NO CARBS NO CAFFEINE NO CRASH" in yellow, "PURE RECREATIONAL OXYGEN" with "PURE" and "OXYGEN" in yellow and "RECREATIONAL" in white, "ENERGY + RECOVERY" in yellow, "O+" in blue and silver, "ELEVATE YOUR IQ" in white, "GOT OXYGEN?" in white. The mark also consists of images of bubbles outlined in white with blue centers, "O"s and "+"s in silver, a man's head and hand with a container in his hand in white, an image of three canisters in blue and white surrounded by a shaded white circle and white and blue bubbles, and a red triangle with the wording "50+ BREATHS IN EACH CANISTER" in yellow. The broken lines depicting the edges and shapes of the box indicate placement of the mark on the goods and are not part of the mark. |
| Goods and Services | Respirators other than for artificial respiration; breathing apparatus for non-medical use, namely, compressed oxygen and air cartridges sold as a unit with storage packs for the compressed oxygen and air cartridges; respiratory mask filters for non-medical use; pressure gauges; air flow switches; electric or electronic sensors for air quality; eyeglasses; spectacles, namely, goggles |
| Pseudo Mark | ALL DAY ENERGY ONE CAN 50 BREATHS OXYGEN PLUS AUTO TRAVEL STUDY ELEVATION SPORT RECOVERY ALL NATURAL NO CARBS NO CAFFEINE NO CRASH PURE RECREATIONAL OXYGEN ENERGY PLUS RECOVERY ELEVATE YOUR IQ GOT OXYGEN? |
| 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 | Thursday, July 6, 2017 |
| Primary Code | 009 |
| First Use Anywhere Date | Sunday, January 1, 2017 |
| First Use In Commerce Date | Sunday, January 1, 2017 |
| Party Name | Oxygen Plus, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Minnetonka, MN 55343 |
| Event Date | Event Description |
| Friday, June 7, 2019 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, June 7, 2019 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, November 9, 2018 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Friday, November 9, 2018 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Friday, April 13, 2018 | NOTIFICATION OF EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Friday, April 13, 2018 | EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Friday, April 13, 2018 | COMBINED EXAMINER'S AMENDMENT/PRIORITY ACTION AUTOMATIC ENTRY |
| Friday, April 13, 2018 | EXAMINERS AMENDMENT AND/OR PRIORITY ACTION - COMPLETED |
| Friday, March 9, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, March 9, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, March 5, 2018 | ASSIGNED TO LIE |
| Tuesday, February 20, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, August 20, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Sunday, August 20, 2017 | NON-FINAL ACTION E-MAILED |
| Sunday, August 20, 2017 | NON-FINAL ACTION WRITTEN |
| Sunday, August 6, 2017 | ASSIGNED TO EXAMINER |
| Friday, July 7, 2017 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Thursday, July 6, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Saturday, July 1, 2017 | NEW APPLICATION ENTERED IN TRAM |