| Serial Number | 76978927 |
| Word Mark | BODYOPTIMISE |
| Filing Date | Friday, November 26, 2004 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, December 4, 2015 |
| Registration Number | 3610794 |
| Registration Date | Tuesday, April 28, 2009 |
| Mark Drawing | 5000 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, February 10, 2009 |
| Indication of Colors claimed | The color(s) black and red is/are claimed as a feature of the mark. |
| Description of Mark | The mark consists of the word "BODY" appearing in the color black in lower case letters and the word "OPTIMISE" appearing in the color red in upper case letters. |
| Goods and Services | (Based on 44(e)) Pharmaceutical preparations and substances, namely, appetite suppressants, metabolism inhibitors, metabolism enhancers, metabolic rate enhancers and fat absorbents for use in dieting, weight control, weight loss and exercise; pharmaceutical preparations and substances for use in the treatment of eating disorders; natural and homeopathic preparations and substances, namely, homeopathic medicines and supplements for use in dieting, weight control, weight loss and exercise; healthcare products, namely, dietary supplements and nutritional supplements for use in dieting, weight control, weight loss and exercise; healthcare products, namely, dietary supplements and nutritional supplements for the treatment of eating disorders; nutrients and nutritional preparations, substances and food additives, namely, food supplements, vitamins and minerals for medical and/or therapeutic use for use in dieting, weight control, weight loss and exercise and for the treatment of eating disorders; dietetic preparations and substances, namely, dietary food supplements, vitamin supplements for use in dieting, weight control, weight loss and exercise; dietetic preparations and substances for the treatment of eating disorders; food and drink supplements and additives, namely, meal replacement bars and snacks, meal replacement drinks, nutritional drink mix for meal replacement, nutritional food mix for meal replacement, protein supplements for use in dieting, weight control, weight loss and exercise and for the treatment of eating disorders; vitamins; minerals, namely, mineral salts and mineral preparations for medicinal purposes; vitamin and mineral supplements; medicated bathing products, namely, personal creams for bathing; dressings, namely, wound dressings, medical plasters, medicated dressings for the body, namely, wound dressings, bandages for medical use, namely, body injuries in the nature of skin and other wounds |
| Goods and Services | (Based on Use in Commerce) Electronic publications in the nature of newsletters in the field of health news and health information recorded on computer media |
| Goods and Services | (Based on 44(e)) Printed matter, namely printed guides, diaries, leaflets, pamphlets, books, booklets, printed tables, printed schedules, printed cards all for the use in the areas of, or relating to, slimming, weight control, diet, dieting, exercise, fitness and health; directories, pamphlets and charts, all for use in the areas of, or relating to, slimming, weight control, diet, dieting, exercise, fitness and health; recipe books, recipe cards, recipe leaflets, recipe booklets; publications in the nature of books, magazines, diaries, brochures, leaflets, pamphlets, directories, guides and booklets in the areas of, or relating to, slimming, weight control, diet, dieting, exercise, fitness and health |
| Goods and Services | (Based on 44(e)) Food products namely prepared and part-prepared food products comprising primarily of meat, fish, poultry, processed fruit and vegetables; prepared meals namely preserved, chilled and frozen meals consisting primarily of meat, fish, poultry, processed fruit and vegetables; snack food package combinations consisting primarily of meat, fish, poultry, processed fruit or vegetables; prepared and packaged foods namely chilled, frozen and preserved meals and foods consisting primarily of meat, fish, poultry, vegetables and processed fruit; meat, fish, poultry and game; meat extracts; products containing meat, namely, meat paste, prepared meals, sausages, canned cooked meat, cooked meat products, namely, tinned and bottled cooked meats; preserves, namely, fruit preserves, vegetable preserves, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and milk products, namely, milk powder, yogurt, butter, cheese, yogurt drinks; edible oils and fats; prepared and packaged meals, namely chilled and frozen packaged main meal mixes consisting primarily of potatoes; potato crisps; potato chips; sauces, namely fruit sauces in the nature of fruit toppings, cranberry sauce and apple sauce; potato-based products, namely, dehydrated potatoes |
| Goods and Services | (Based on 44(e)) Food products consisting primarily of one or more of pasta, rice, cereal and bread; aromatic preparations of food, namely, processed herbs, spices, spicy seasoning pastes and sauces; bread; carbohydrate preparations of food, namely, potato flour, cereal flour, corn flour, rice flour; cereal based food bars; cereal based foodstuffs, namely, cereal bars, breakfast cereals; cereal based snack foods; pasta; farinaceous foods, namely, pastes for human consumption, potato-based products, namely, potato flour; flour; snack foods namely, cereal based snack bars; chocolate based snack bars, cocoa based snack bars, rice based snack bars; prepared and packaged meals namely chilled and frozen meals consisting primarily of one or more of pasta, rice, grain, processed oats and cereal; coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals, namely breakfast cereals, breads, biscuits and crackers; pastry products, namely, pastries, pies and pasties, confectionery namely chocolate, sweets, namely, gum sweets, hard boiled sweets, cakes and candies; ices, ice creams, honey, treacle, yeast, baking powder, salt, mustard, vinegar, sauces, namely, meat sauces, namely, basting sauces, barbeque sauces, marinades, vegetable sauces, namely, sauces made predominately of vegetables, salad dressings, spices; products containing meat, namely, meat pies, meat pasties, meat pastries, sausage rolls, pork pies; milk products, namely, ice milk, ice cream, puddings |
| Goods and Services | (Based on Use in Commerce) BRINGING TOGETHER, FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS AND SERVICES, ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODS AND SERVICES FROM AN INTERNET SITE, AN INTRANET SITE OR ANY OTHER COMPUTER NETWORK; THE BRINGING TOGETHER, FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS AND SERVICES, ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODS AND SERVICES FROM A VIRTUAL RETAIL OR WHOLESALE STORE OR OUTLET; THE BRINGING TOGETHER FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS AND SERVICES, ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODS AND SERVICES IN A RETAIL OR WHOLESALE STORE OR OUTLET, DEPARTMENT STORE, THROUGH A TELEVISION SHOPPING CHANNEL, BY MAIL ORDER, BY MEANS OF TELECOMMUNICATIONS OR FROM A FACTORY-BASED RETAIL OR WHOLESALE OUTLET; THE BRINGING TOGETHER, FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS AND SERVICES RELATING TO SLIMMING, WEIGHT CONTROL, DIET, DIETING, HEALTH AND EXERCISE, ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODS AND SERVICES FROM AN INTERNET WEBSITE, AN INTRANET SITE OR ANY OTHER COMPUTER NETWORK, FROM A VIRTUAL RETAIL OR WHOLESALE STORE OR OUTLET, A RETAIL OR WHOLESALE STORE OR OUTLET, DEPARTMENT STORE, THROUGH A TELEVISION SHOPPING CHANNEL, BY MAIL ORDER, BY MEANS OF TELECOMMUNICATIONS OR FROM A FACTORY-BASED RETAIL OR WHOLESALE OUTLET |
| Goods and Services | (Based on 44(e)) Services for the provision of exercise equipment, namely, rental of exercise, gymnastic and sporting equipment and training in the use of exercise, gymnastic and sporting equipment; health club services, namely, providing instruction and equipment in the field of physical exercise, weight training, aerobics, body conditioning, swimming and massage; fitness club services namely providing fitness, exercise, swimming and body conditioning facilities; health and fitness services namely physical fitness consultation, exercise consultation, body conditioning consultation, exercise services, namely, the provision of fitness and exercise tuition and facilities; providing education and advise relating to physical fitness and exercise, namely, providing training in the use of exercise equipment and physical fitness and body conditioning consultations; physical fitness centers, namely, providing fitness and exercise facilities; fitness and exercise instructions; fitness and exercise training services; exercise and fitness classes and educational services, namely, providing training and tuition in exercise and the use of exercise equipment; providing educational and training services, namely conducting seminars in the fields of fitness, exercise, health, slimming, weight control, diet, dieting and health; arranging and conducting educational seminars in the fields of fitness, exercise, health, slimming, weight control, diet, dieting and health; publication of books; advisory and counseling services relating to exercise |
| Goods and Services | (Based on 44(e)) Advisory and counseling services in the fields of nutritional consulting, healthcare, slimming, diet, dieting, weight control; operation of sauna facilities |
| Pseudo Mark | BODY OPTIMIZE |
| International Class | 005 - Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| US Class Codes | 006, 018, 044, 046, 051, 052 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 4, 2015 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 4, 2015 |
| Primary Code | 009 |
| First Use Anywhere Date | Monday, October 31, 2005 |
| First Use In Commerce Date | Monday, October 31, 2005 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 4, 2015 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 4, 2015 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 4, 2015 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 4, 2015 |
| Primary Code | 035 |
| First Use Anywhere Date | Monday, October 31, 2005 |
| First Use In Commerce Date | Monday, October 31, 2005 |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 4, 2015 |
| Primary Code | 041 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 4, 2015 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Miles-Bramwell Executive Services Limited |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Derbyshire DE55 4RF |
| Party Name | Miles-Bramwell Executive Services Limited |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Derbyshire DE55 4RF |
| Party Name | Miles-Bramwell Executive Services Limited |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Derbyshire DE55 4RF |
| Event Date | Event Description |
| Friday, December 4, 2015 | CANCELLED SEC. 8 (6-YR) |
| Tuesday, April 28, 2009 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, February 10, 2009 | PUBLISHED FOR OPPOSITION |
| Wednesday, January 21, 2009 | NOTICE OF PUBLICATION |
| Tuesday, January 6, 2009 | NOTICE OF ALLOWANCE CANCELLED |
| Tuesday, December 16, 2008 | NOTICE OF DIVIDED TRADEMARK APPLICATION MAILED |
| Thursday, December 11, 2008 | STATEMENT OF USE PROCESSING COMPLETE |
| Thursday, November 13, 2008 | USE AMENDMENT FILED |
| Thursday, December 11, 2008 | EXTENSION 2 GRANTED |
| Thursday, November 13, 2008 | EXTENSION 2 FILED |
| Thursday, December 11, 2008 | DIVISIONAL PROCESSING COMPLETE |
| Thursday, November 13, 2008 | DIVISIONAL REQUEST RECEIVED |
| Monday, November 24, 2008 | 1(B) BASIS DELETED; NEW BASIS REQUESTED |
| Thursday, November 20, 2008 | PETITION TO DIRECTOR - CHANGE BASIS - GRANTED |
| Tuesday, November 18, 2008 | ASSIGNED TO PETITION STAFF |
| Thursday, November 20, 2008 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Thursday, November 13, 2008 | PAPER RECEIVED |
| Thursday, November 13, 2008 | PETITION TO DIRECTOR - CHANGE BASIS - RECEIVED |
| Tuesday, April 29, 2008 | EXTENSION 1 GRANTED |
| Tuesday, April 29, 2008 | EXTENSION 1 FILED |
| Tuesday, April 29, 2008 | TEAS EXTENSION RECEIVED |
| Tuesday, November 13, 2007 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, August 21, 2007 | PUBLISHED FOR OPPOSITION |
| Friday, August 17, 2007 | UNDELIVERABLE MAIL - NO ACTION TAKEN |
| Wednesday, August 1, 2007 | NOTICE OF PUBLICATION |
| Monday, May 14, 2007 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Saturday, May 12, 2007 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, April 6, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, March 5, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, April 6, 2007 | ASSIGNED TO LIE |
| Monday, March 5, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, September 7, 2006 | NON-FINAL ACTION MAILED |
| Wednesday, September 6, 2006 | NON-FINAL ACTION WRITTEN |
| Wednesday, August 16, 2006 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, July 24, 2006 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, July 24, 2006 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, January 26, 2006 | NON-FINAL ACTION MAILED |
| Wednesday, January 25, 2006 | NON-FINAL ACTION WRITTEN |
| Wednesday, January 4, 2006 | AMENDMENT FROM APPLICANT ENTERED |
| Tuesday, December 20, 2005 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, December 20, 2005 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, June 27, 2005 | NON-FINAL ACTION MAILED |
| Saturday, June 25, 2005 | NON-FINAL ACTION WRITTEN |
| Saturday, June 25, 2005 | ASSIGNED TO EXAMINER |
| Monday, December 13, 2004 | NEW APPLICATION ENTERED IN TRAM |