| Serial Number | 97918400 |
| Word Mark | FITNESS FACTORY HEALTH CLUB |
| Filing Date | Wednesday, May 3, 2023 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, July 2, 2024 |
| Registration Number | 7432098 |
| Registration Date | Tuesday, July 2, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, April 16, 2024 |
| Goods and Services | Personal fitness training services and consultancy; Conducting group fitness classes; Conducting fitness classes as part of a wellness program; Providing fitness and exercise facilities; Providing fitness facilities that require memberships and are focused in the fields of general fitness and exercise; Membership club services for providing general fitness and exercise consulting, training and classes |
| Description of Mark | The mark consists of the wording "FITNESS FACTORY" in blue and outlined in orange above the wording "HEALTH CLUB" in blue. An image of an orange bar bell appears in the wording "FACTORY" and is outlined in white inside the letters "C" and "O". |
| In Another Form Statement | The mark was first used anywhere in a different form other than that sought to be registered at least as early as 03/10/1998 |
| In Another Form Statement | The mark was first used in commerce in a different form other than that sought to be registered at least as early as 03/10/1998 |
| In Another Form Statement | The mark was first used anywhere in a different form other than that sought to be registered at least as early as 03/10/1998 |
| In Another Form Statement | The mark was first used in commerce in a different form other than that sought to be registered at least as early as 03/10/1998 |
| In Another Form Statement | The mark was first used anywhere in a different form other than that sought to be registered at least as early as 03/10/1998 |
| In Another Form Statement | The mark was first used in commerce in a different form other than that sought to be registered at least as early as 03/10/1998 |
| Indication of Colors claimed | The color(s) orange, blue and white is/are claimed as a feature of the mark. |
| Goods and Services | Franchising, namely, consultation and assistance in business management, organization and promotion; Franchise services, namely, offering business management assistance in the establishment and operation of businesses in the fitness and wellness industries |
| Goods and Services | Providing weight loss program services; Health care services, namely, wellness programs; Nutrition counseling; Consulting and counseling services in the fields of health, lifestyle wellness and nutrition; Body composition analysis for health purposes; Providing facilities for nutrition counseling; Providing nutrition counseling at fitness and fitness facilities that require memberships; Membership club services for providing consulting and information regarding wellness and nutrition |
| NOT AVAILABLE | "Fitness" and "Health Club" |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, June 1, 2023 |
| Primary Code | 035 |
| First Use Anywhere Date | Friday, July 15, 2022 |
| First Use In Commerce Date | Friday, July 15, 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 | Thursday, June 1, 2023 |
| Primary Code | 041 |
| First Use Anywhere Date | Friday, July 15, 2022 |
| First Use In Commerce Date | Friday, July 15, 2022 |
| 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 | Thursday, June 1, 2023 |
| Primary Code | 044 |
| First Use Anywhere Date | Friday, July 15, 2022 |
| First Use In Commerce Date | Friday, July 15, 2022 |
| Party Name | Fitness Factory IP, LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Edgewater, NJ 07020 |
| Party Name | Fitness Factory IP, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Edgewater, NJ 07020 |
| Party Name | Fitness Factory IP, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Edgewater, NJ 07020 |
| Event Date | Event Description |
| Saturday, May 6, 2023 | NEW APPLICATION ENTERED |
| Thursday, June 1, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, June 2, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Monday, January 29, 2024 | ASSIGNED TO EXAMINER |
| Monday, February 5, 2024 | NON-FINAL ACTION E-MAILED |
| Monday, February 5, 2024 | NON-FINAL ACTION WRITTEN |
| Monday, February 5, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, February 9, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, February 9, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, February 10, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Sunday, March 10, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, March 27, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, April 16, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, April 16, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, July 2, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, July 2, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Wednesday, May 15, 2024 | ASSIGNED TO EXAMINER |