| Serial Number | 79208877 |
| Word Mark | FLEXVITAL |
| Filing Date | Monday, March 6, 2017 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, August 30, 2024 |
| Registration Number | 5398681 |
| Registration Date | Tuesday, February 13, 2018 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 28, 2017 |
| Description of Mark | The mark consists of the following: the stylized term "flexVITAL" with "flex" in red and "VITAL" in blue; to the right of which is a blue map of the shape of Australia upon which is superimposed the red, white and blue flag of Australia, which has six white stars and red and white bars; all of which are contained in a blue plain single line rectangle. The white background is a feature of the mark. |
| Goods and Services | Balms for medical purposes; preparations for the treatment of burns; medicinal preparations, namely, medicinal herbs, medicinal creams for weight loss, skin care, hair care, joint and muscle care, and the treatment of arthritis, pain, circulation and inflammation, medicinal oils, and medicinal sprays for weight loss, skin care, hair care, joint and muscle care, and the treatment of arthritis, pain, circulation and inflammation; ointments for sunburn; medicated herbal sprays and herbal creams for external body use; dietary supplements including in the form of tablets and capsules; dietary nutritional supplements including in the form of tablets and capsules; dietary food supplements; herbal dietary supplements including in the form of tablets and capsules; mineral dietary supplements for humans including in the form of tablets and capsules; nutritional supplements including in the form of tablets and capsules; nutritional supplements for medical use including in the form of tablets and capsules; vitamin supplements including in the form of tablets and capsules; vitamins including in the form of tablets and capsules; pharmaceutical products, namely, pharmaceutical products in the form of tablets and capsules for weight loss, skin care, hair care, joint and muscle care, and the treatment of arthritis, pain, circulation and inflammation; pharmaceutical preparations for health care, namely, herbal based preparations for weight loss, skin care, hair care, joint and muscle care, and the treatment of arthritis, pain, circulation and inflammation; pharmaceutical preparations for topical use, namely, herbal creams and sprays for medical use for weight loss, skin care, hair care, joint and muscle care, and the treatment of arthritis, pain, circulation and inflammation |
| Pseudo Mark | FLEX VITAL |
| Indication of Colors claimed | The color(s) red, white and blue is/are claimed as a feature of the mark. |
| NOT AVAILABLE | THE DESIGN OF MAP OF AUSTRALIA |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, August 30, 2024 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | One Zero Pty Limited |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | One Zero Pty Limited |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | One Zero Pty Limited |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Event Date | Event Description |
| Thursday, June 1, 2017 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, June 5, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, June 5, 2017 | ASSIGNED TO EXAMINER |
| Tuesday, June 6, 2017 | NON-FINAL ACTION WRITTEN |
| Tuesday, June 6, 2017 | NON-FINAL ACTION WRITTEN |
| Wednesday, June 7, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, June 9, 2017 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, June 14, 2017 | NON-FINAL ACTION (IB REFUSAL) WITHDRAWN FOR REVIEW |
| Wednesday, June 14, 2017 | NON-FINAL ACTION WRITTEN |
| Thursday, June 15, 2017 | NON-FINAL ACTION WRITTEN |
| Friday, June 16, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, June 26, 2017 | REFUSAL PROCESSED BY MPU |
| Monday, June 26, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, July 14, 2017 | REFUSAL PROCESSED BY IB |
| Friday, October 13, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, October 13, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, October 13, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, October 17, 2017 | FINAL REFUSAL WRITTEN |
| Wednesday, November 8, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, November 22, 2017 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, November 22, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, November 28, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, November 28, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Saturday, December 9, 2017 | NOTIFICATION PROCESSED BY IB |
| Tuesday, February 13, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Sunday, May 13, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, May 22, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, June 29, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, December 6, 2018 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, October 13, 2017 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, October 13, 2017 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, October 17, 2017 | FINAL REFUSAL E-MAILED |
| Tuesday, October 17, 2017 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Monday, October 23, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, May 22, 2018 | FINAL DISPOSITION PROCESSED |
| Saturday, July 3, 2021 | NEW REPRESENTATIVE AT IB RECEIVED |
| Monday, February 13, 2023 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Monday, August 5, 2024 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Monday, August 5, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, August 5, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Monday, August 5, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, January 4, 2019 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Monday, August 5, 2024 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Wednesday, August 7, 2024 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED |
| Wednesday, August 7, 2024 | WITHDRAWAL OF ATTORNEY GRANTED |
| Friday, August 30, 2024 | CANCELLED SECTION 71 |