| Serial Number | 79363720 |
| Word Mark | ERAKULIS BREAK THE LIMIT |
| Filing Date | Friday, December 30, 2022 |
| Status | 686 - PUBLISHED FOR OPPOSITION |
| Status Date | Tuesday, June 18, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 5 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, June 18, 2024 |
| Goods and Services | Physical fitness training services; sports training services; provision of information on fitness training via an online portal |
| Description of Mark | The mark consists of the stylized wording "ERAKULIS" with three horizontal lines in place of the letter "E". Underneath, are the words "BREAK THE LIMIT". |
| Goods and Services | Downloadable mobile applications for fitness, nutrition and mental balance training and guidance; downloadable computer application software for mobile devices, namely, software for fitness, nutrition and mental balance training and guidance; downloadable software for fitness, nutrition and mental balance training and guidance; downloadable software from the internet for fitness, nutrition and mental balance training and guidance; downloadable computer software to enable users to view electronic media via the Internet; computer software platforms, downloadable or recorded, for fitness, nutrition and mental balance training and guidance; electronic monitoring instruments for monitoring for fitness, nutrition and mental balance training and guidance, other than for medical use |
| Goods and Services | Providing access to internet website portals and platforms; providing access to internet chatrooms |
| Goods and Services | Nutritional supplements; dietary and nutritional preparations, namely, dietary and nutritional supplements |
| Goods and Services | Clothing, namely, t-shirts, tank tops, long-sleeved shirts, sports bras, leggings, capris, yoga pants, running shorts, cycling shorts, sweatpants, joggers, athletic jackets, hoodies, sweatshirts, vests, wristbands |
| Goods and Services | Business merchandising display services |
| Goods and Services | Advisory services relating to health; psychological counseling; medical services for the diagnosis of conditions of the human body; consultancy in the field of body and beauty care; medical consultations; advice on diet and nutrition; providing information on dietary and nutritional supplements; nutrition counseling; advisory services relating to diet; professional consultancy relating to nutrition; nutrition and dietetic consultancy; human healthcare services, namely, nutrition counseling, diet planning, consulting services in the field of nutrition, advice relating to allergy and dietary restriction, mental health services, providing information in the field of mental health, virtual counseling services in the field of health, telehealth consultations, biometric screening; information services relating to health care; consulting services relating to health care; beauty consultancy; medical services; advice relating to physical and psychological welfare |
| 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 | Saturday, February 25, 2023 |
| Primary Code | 038 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, February 25, 2023 |
| 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 | 6 - Active |
| Class Status Date | Saturday, February 25, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, February 25, 2023 |
| Primary Code | 025 |
| 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 | 6 - Active |
| Class Status Date | Saturday, February 25, 2023 |
| Primary Code | 035 |
| 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 | Saturday, February 25, 2023 |
| 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 | 6 - Active |
| Class Status Date | Saturday, February 25, 2023 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | ERAKULIS, LDA |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | PT |
| Party Name | ERAKULIS, LDA |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | PT |
| Event Date | Event Description |
| Friday, February 24, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Saturday, February 25, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, March 1, 2023 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, September 26, 2023 | ASSIGNED TO EXAMINER |
| Thursday, September 28, 2023 | NON-FINAL ACTION WRITTEN |
| Friday, September 29, 2023 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, October 13, 2023 | REFUSAL PROCESSED BY MPU |
| Friday, October 13, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, November 7, 2023 | REFUSAL PROCESSED BY IB |
| Tuesday, December 5, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, December 5, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, December 5, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, May 1, 2024 | FINAL REFUSAL WRITTEN |
| Wednesday, May 1, 2024 | FINAL REFUSAL E-MAILED |
| Wednesday, May 1, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Friday, May 10, 2024 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, May 10, 2024 | EXAMINERS AMENDMENT E-MAILED |
| Friday, May 10, 2024 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Friday, May 10, 2024 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, May 15, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, May 29, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, June 11, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, June 11, 2024 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Tuesday, June 18, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, June 18, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |