| Serial Number | 79303332 |
| Word Mark | FITNESS FREAKS THE MUSICAL |
| Filing Date | Thursday, December 17, 2020 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, January 4, 2022 |
| Registration Number | 6604493 |
| Registration Date | Tuesday, January 4, 2022 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 19, 2021 |
| Goods and Services | Recording of music; presentation of musical performances; arranging of music performances; production of live performances in the nature of dance, theater, music and theatrical performances of a musical play; presentation of live performances in the nature of dance, theater, music and theatrical performances of a musical play; production of stage performances in the nature of dance, theater, music and theatrical performances of a musical play; production of musical sound recordings, other than advertising; conducting of concerts; directing of musical shows; production of live entertainment in the nature of dance, theater, music and theatrical performances of a musical play; presenting live entertainment in the nature of dance, theater, music and theatrical performances of a musical play; arranging of musical entertainment in the nature of theatrical performances of a musical play; organization of live shows in the nature of dance, theater, music and theatrical performances of a musical play; organization of musical events in the nature of dance, theater, music and theatrical performances of a musical play; production of audio entertainment in the nature of theatrical performances of a musical play; theatre productions; cinema theaters; production of shows in the nature of dance, theater, music and theatrical performances of a musical play; provision of live entertainment in the nature of dance, theater, music and theatrical performances of a musical play; movie theaters; production of music video recordings, other than advertising; providing online music, not downloadable; providing online videos, not downloadable, in the field of dance, theater, music and theatrical performances of a musical play; providing an in-person entertainment forum in the field of dance, theater, music and theatrical performances of a musical play; publication of music; production of audio and/or video recordings, other than advertising; distribution of sound recordings in the field of musical sound recordings and theatrical performances of a musical play |
| Description of Mark | The mark consists of a pink splash design with the wording "FITNESS" in white lettering and "FREAKS" in blue lettering atop it, above the wording "THE MUSICA"L in white lettering which appears atop a smaller black splash design. The background is white. |
| Goods and Services | Musical sound recordings; pre-recorded record discs bearing musical sound recordings; musical sound recordings; pre-recorded vinyl records bearing musical sound recordings; compact discs containing pre-recorded musical sound recordings; musical sound recordings featuring musical soundtracks, and movie soundtracks; pre-recorded record albums featuring musical sound recordings; pre-recorded record discs featuring musical sound recordings; video recordings featuring a theatrical performance of a musical play; pre-recorded video discs bearing video recordings in the field of theatrical performances; pre-recording video recording tapes featuring theatrical performances; pre-recorded video recordings incorporating sound track of theatrical performances; pre-recorded video recording discs bearing theatrical performances of a musical play; pre-recorded audio recordings featuring theatrical performances of a musical play; pre-recorded music videos; pre-recorded compact discs featuring theatrical performances of a musical play; downloadable films bearing theatrical performances of a musical play; pre-recorded audio discs featuring theatrical performances of a musical play; downloadable digital music provided from MP3 web sites on the internet; downloadable digital music from the internet; downloadable music files |
| Goods and Services | Printed music books; printed sheet music; concert programs being printed matter; printed souvenir programs for concerts; printed official programs for concerts; printed posters; printed advertising posters; printed publications in the nature of books relating to music; printed music books featuring musical scores; printed song books; printed song lyric cards; magazines in the field of music; books in the field of music |
| Goods and Services | Tops as clothing; bottoms as clothing; t-shirts; shirts; clothing for sports in the nature of sports tops as clothing, and sports bottoms as clothing; dance costumes; dance shirts; dance tops as clothing; dance bottoms as clothing; sports shirts; theatre costumes; tops as clothing for use in theatre performances; bottoms as clothing for use in theatre performances |
| Indication of Colors claimed | The color(s) black, white, pink and blue is/are claimed as a feature of the mark. |
| Goods and Services | Online retail store services for downloadable and pre-recorded music and movies; promotion of concerts of others; developing promotional campaigns for businesses; online retail store services for downloadable digital music; providing business information via a web site; compilation of advertisements for use as web pages on the internet; marketing information; arranging and conducting marketing promotional events for others |
| Disclaimer with Predetermined Text | "FITNESS" AND "THE MUSICAL" |
| 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 | Friday, February 5, 2021 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | 6 - Active |
| Class Status Date | Friday, February 5, 2021 |
| Primary Code | 016 |
| 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 | Friday, February 5, 2021 |
| 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 | Friday, February 5, 2021 |
| 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 | Friday, February 5, 2021 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | NOT AVAILABLE |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 01 - Individual |
| Address | AU |
| Party Name | NOT AVAILABLE |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 01 - Individual |
| Address | AU |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | AU |
| Event Date | Event Description |
| Tuesday, July 12, 2022 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Wednesday, June 22, 2022 | FINAL DISPOSITION NOTICE SENT TO IB |
| Tuesday, June 21, 2022 | FINAL DISPOSITION PROCESSED |
| Monday, April 4, 2022 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, January 4, 2022 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, October 19, 2021 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, October 19, 2021 | PUBLISHED FOR OPPOSITION |
| Wednesday, September 29, 2021 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Saturday, September 11, 2021 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Sunday, August 1, 2021 | REFUSAL PROCESSED BY IB |
| Wednesday, July 28, 2021 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, July 27, 2021 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, July 27, 2021 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, July 15, 2021 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, July 15, 2021 | REFUSAL PROCESSED BY MPU |
| Wednesday, June 30, 2021 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, June 29, 2021 | NON-FINAL ACTION WRITTEN |
| Friday, June 11, 2021 | ASSIGNED TO EXAMINER |
| Tuesday, February 9, 2021 | APPLICATION FILING RECEIPT MAILED |
| Friday, February 5, 2021 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, February 4, 2021 | SN ASSIGNED FOR SECT 66A APPL FROM IB |