| Serial Number | 77156064 |
| Word Mark | DIESEL FITNESS EQUIPMENT |
| Filing Date | Friday, April 13, 2007 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Monday, May 4, 2009 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | NOT AVAILABLE |
| Concurrent Use Statement | The applicant has contacted Diamond Baseball Company, Inc. who filed intent to use application number 77801409 for the mark DIESEL on January 27, 2007 in an attempt to negotiate a concurrent use agreement. This pending application was cited by the examiner against the application. Diamond Baseball Company, Inc. has expressed a strong desire to enter into a concurrent use agreement and the parties are actively engaged in negotiating a concurrent use agreement. The concurrent use agreement will be worldwide and includes all goods and services specified in each of the parties applications. The applicant has also contacted Diesel Fitness, Inc., owner of registration numbers 3198227 and 3223138 in an attempt to negotiate a concurrent use agreement. To date, Diesel Fitness, Inc., has not responded to any inquiries. The applicant is unsure as to whether this company is still active and whether the mark is still in use. Therefore, the applicant intends on filing for cancellation of these marks if it does not receive a response from Diesel Fitness, Inc since the applicants use in commerce predates that of Diesel Fitness, Inc. |
| Disclaimer with Predetermined Text | FITNESS EQUIPMENT |
| Goods and Services | Elliptical exercise machines; Exercise equipment for lateral movement in a skating motion; Exercise and gymnastic banners; Exercise balls; Exercise bars; Exercise benches; Exercise equipment namely, manually operated jogging machines; Exercise equipment namely,rowing machines; Exercise equipment, namely, stair-stepping machines; Exercise equipment, namely, stationary cycles; Exercise equipment, namely shoulder stretcher using resistance cables; Exercise equipment, namely, abdominal boards; Exercise equipment, namely, chest expanders; Exercise equipment, namely, chest pulls; Exercise equipment, namely, rotary abdominal boards; Exercise equipment, namely shoulder stretcher using a cable; Exercise equipment, namely virtual reality training cycles; Exercise machines; Exercise machines incorporating electronic and video game controllers,; Exercise platforms; Exercise tables; Exercise treadmills; Bar-bells; Dumb-bells; Exercise weights; Manually-operated exercise equipment; Personal exercise mats; Stationary exercise bicycles; Stationary exercise bicycles and rollers therefor; Portable support structures for dance and other exercises |
| Name/Portrait Description and/or Consent Statement | "The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual." |
| 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 | Wednesday, April 18, 2007 |
| Primary Code | 028 |
| First Use Anywhere Date | Monday, October 28, 2002 |
| First Use In Commerce Date | Friday, November 1, 2002 |
| Party Name | Diesel Fitness Equipment |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Davie, FL 33317 |
| Event Date | Event Description |
| Monday, May 4, 2009 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Monday, May 4, 2009 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Thursday, September 25, 2008 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, September 25, 2008 | NON-FINAL ACTION E-MAILED |
| Thursday, September 25, 2008 | NON-FINAL ACTION WRITTEN |
| Friday, August 22, 2008 | LIE CHECKED SUSP - TO ATTY FOR ACTION |
| Friday, August 22, 2008 | ASSIGNED TO LIE |
| Friday, February 22, 2008 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Friday, February 22, 2008 | LETTER OF SUSPENSION E-MAILED |
| Friday, February 22, 2008 | SUSPENSION LETTER WRITTEN |
| Tuesday, February 5, 2008 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, February 5, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, February 5, 2008 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, January 24, 2008 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, January 24, 2008 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Monday, August 6, 2007 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, August 6, 2007 | NON-FINAL ACTION E-MAILED |
| Monday, August 6, 2007 | NON-FINAL ACTION WRITTEN |
| Saturday, July 28, 2007 | ASSIGNED TO EXAMINER |
| Wednesday, April 18, 2007 | NEW APPLICATION ENTERED IN TRAM |