| Serial Number | 98107408 |
| Word Mark | IF YOU AIN'T BANGING, YOU AIN'T HANGING |
| Filing Date | Friday, July 28, 2023 |
| Status | 692 - WITHDRAWN BEFORE PUBLICATION |
| Status Date | Tuesday, August 20, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Ready to drink coffee beverages; iced coffee and coffee-based beverages; ready to drink flavored coffee; beverages with coffee base; coffee drinks; coffee-based beverages; coffee-based drinks; Beverages made of coffee; protein-enriched coffee; tea; tea-based beverages |
| Goods and Services | Charitable services in the nature of organizing for others sporting events, sports competitions, e-game sporting events, cultural events, dance events, and musical concerts for charitable purposes, the proceeds of which are donated to charity; Entertainment services, namely, providing podcasts in the fields of lifestyle, sports, music, art, culture, news, entertainment, and current events; Production of podcasts; Entertainment information; Electronic publishing services namely, publication of text, blogs, articles, artwork, videos and graphic works of others on the internet, and the multimedia publishing of books, journals, games, music, magazines, and electronic publications; Publication of non-downloadable online journals, namely, weblogs (blogs) featuring user-defined content and blogs featuring advertising, marketing and business content; Online journals, namely, blogs featuring commentary, advice and information in the fields of health, wellness, sleep, fitness and nutrition; Entertainment and educational services, namely, providing a website featuring non-downloadable television and online streaming shows, webcasts, audiovisual, and multimedia videos in the fields of e-sports, sports competitions, music, entertainment, lifestyle, and pop culture via the internet; Online journals, namely, blogs featuring sports, music, and entertainment content; Providing online non-downloadable video clips, videos, vlogs featuring non-downloadable videos, images, illustrations, articles, and abstracts of articles in the field of sports, music, and entertainment; Entertainment services, namely, providing on-line, non-downloadable virtual goods, namely, beverages, food, nutritional supplements, sports game and e-game equipment, apparel, all-purpose carrying bags, beverageware, beverage coolers, clothing, headwear, footwear, gloves, tool kits, helmets, umbrellas, blankets, tents, towels, sporting equipment, musical instruments, sound and audio equipment, timepieces, jewelry, toys, toy cars, video game equipment, notebooks, coasters, and posters for use in virtual environments created for entertainment purposes; Entertainment media production services for the internet; Entertainment services, namely, providing an on-line virtual environment for trading virtual sports trading cards and tokens; Personal training provided in connection with weight loss and exercise programs; Physical fitness instruction; Physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities; Physical fitness training services; Providing information on physical exercise; Sports training services; Conducting fitness classes; Personal fitness training services; Providing fitness and exercise facilities; Providing classes and workshops in the fields of fitness and exercise; Providing fitness information via a website; Entertainment services, namely, providing online computer games; Organization of computer game tournaments, e-sport leagues competitions, and tour exhibitions of computer game competitions for recreational computer game playing purposes; Providing a website featuring information about online gaming competitions and online competitive gaming professionals; Entertainment services in the nature of conducting and arranging sporting and electronic sporting events and competitions; Providing a website featuring entertainment information and news on gaming and gaming professionals; Entertainment services in the nature of live sporting and music competitions and exhibitions; Entertainment services in the nature of conducting sporting events and competitions, electronic sporting events and competitions, and live music performances and concerts; Providing a web site featuring entertainment information and news on athletes; Organizing and conducting educational programs and activities in the nature of classes, workshops, and sports competitions for athletes in the field of athlete development; Athlete development program, namely, athlete sports training and mentoring in the field of professional development; Providing a website featuring entertainment information and news and online, non-downloadable videos and images featuring commentary and opinions in the field of entertainment; Providing entertainment information; Entertainment services, namely, providing online video games and providing temporary use of non-downloadable video games, computer games, electronic games, and interactive games; Arranging contests featuring online gaming; entertainment services, namely, providing a website featuring online games; On-line journals, namely, blogs in the field of sports, music, and entertainment; Providing rental of photography kiosk booths for capturing, uploading, editing and sharing of pictures and videos; Entertainment services, namely, arranging and conducting of e-sports, sports, music, and dance competitions for encouraging use and development of interactive entertainment, virtual reality, augmented reality, mixed reality, consumer electronics, and video game entertainment software and hardware; Entertainment services, namely, contest and incentive award programs designed to reward program participants who exercise, participate in sports activities, engage in health-promoting activities, make achievements in exercise and sports activities, and reach personal goals regarding exercise, sports activities, and fitness; Educational services, namely, conducting seminars, conferences, and workshops in the fields of health and wellness; Production of music; Entertainment services, namely, providing music playlists online; Providing information in the field of music and entertainment via a website; music production services |
| Goods and Services | Dietary and nutritional supplements; Liquid nutritional supplements; Nutritional supplements; Dietary and nutritional supplements in beverage form; Beverages for use as a nutritional supplement |
| Goods and Services | Stickers; Decals; Printed posters; Printed calendars; Pens, pencils, and stationery; Paper and Paper Notebooks; Money clips; Blackboards; Temporary tattoo transfers; Writing utensils; Writing implements; Advertising signs of cardboard and paper; Paper coasters; Printed photographs; Printed booklets in the field of diet, nutrition, and wellness; Graphic art reproductions; Printed postcards |
| Pseudo Mark | IF YOU ARE NOT BANGING YOU ARE NOT HANGING |
| Goods and Services | Clothing, namely, bandanas, bathing suits, beachwear, belts, bikinis, briefs, dresses, gloves, jeans, sleepwear, socks, sweaters, sweatshirts, swimwear, ties, tights, underwear, unitards, baseball caps, caps being headwear, hats, jackets, leggings, pants, shirts, shorts, t-shirts, tank-tops, tops, warm up outfits, yoga pants and yoga shirts; Footwear, namely, shoes, flip flops, sandals, athletic footwear, boots, slippers and sneakers; Eyeshades as headwear; Headwear; Wrist bands as clothing |
| Goods and Services | Retail store services featuring beverages and nutritional supplements; Online retail store services featuring beverages and nutritional supplements; Retail store and online retail store services featuring games, apparel, bags, athletic equipment, personal electronic devices, sound and audio equipment and accessories, beverageware, beverage coolers, personal care products, furniture, clothing, headwear, footwear, gloves, tool kits, helmets, umbrellas, blankets, tents, towels, sporting equipment, musical instruments and accessories, sound and audio equipment and accessories, timepieces, jewelry, toys, toy cars, video game equipment and accessories, notebooks, coasters, posters, point of sale accessories, luggage, refrigeration equipment, beverage storage equipment, blockchain tokens, digital tokens, non-fungible tokens, digital media, digital files, and digital assets; Retail store and online retail store services featuring virtual goods, namely, games, apparel, bags, athletic equipment, beverageware, beverage coolers, clothing, headwear, footwear, gloves, tool kits, helmets, umbrellas, blankets, tents, towels, sporting equipment, musical instruments and accessories, sound and audio equipment and accessories, timepieces, jewelry, toys, toy cars, video game equipment and accessories, notebooks, coasters, posters, digital media being video files, and digital image files; Retail store and online retail store services featuring virtual goods being downloadable digital video clips, downloadable digital image files, and downloadable audio files authenticated by non-fungible tokens (NFTs); Retail store and online retail store services featuring virtual goods and digital image files of beverages, food, supplements, sports equipment, games, music recordings, and apparel authenticated by non-fungible tokens (NFTs) and blockchain tokens; Retail store and online retail store services featuring computer programs for managing virtual goods, blockchain tokens, digital tokens, non-fungible tokens, digital media, digital files, and digital assets; Provision of an online marketplace for buyers and sellers of artwork, text, audio, and video relating to beverages, food, nutritional supplements, bags, beverageware, beverage coolers, clothing, headwear, footwear, gloves, tool kits, helmets, umbrellas, blankets, tents, towels, sporting equipment, musical instruments and accessories, sound and audio equipment and accessories, timepieces, jewelry, toys, toy cars, video game equipment and accessories, games, notebooks, coasters, and posters authenticated by non-fungible tokens (NFTs); Provision of an online marketplace for buyers and sellers of virtual goods, blockchain tokens, digital tokens, non-fungible tokens, digital media files, digital image files, and digital assets; Advertising, marketing, and promotion services; Promotion of sporting events, e-sporting events, motorsport events, entertainment events, and musical events for others; Promotion of services through promotional sponsorship of sporting events, e-sporting events, motorsport events, entertainment events; Promoting goods and services of others in the fields of sports, e-sports, motorsports, entertainment and musical events through the distribution of printed, audio, visual and digital promotional material; Providing consumer product information about electronic video games via the Internet; On-line advertising on a computer network; Arranging and conducting incentive reward programs to promote the sale of beverages and nutritional supplements and merchandise related thereto in the nature of clothing, bags, headwear, posters, stickers, decals, beverageware, beverage holders, and beverage containers; Providing incentive award programs for customers through the distribution of loyalty credit points to be for purchase of products, for the purpose of promoting and rewarding loyalty; Charitable services, namely, promoting sports competitions and cultural events for others |
| Goods and Services | Alcoholic beverages, except beer |
| Goods and Services | Energy drinks; Isotonic drinks; Non-alcoholic beverages, namely, soft drinks, energy drinks, and sports drinks; Fruit-based beverages and fruit-flavored beverages |
| 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 | Monday, August 28, 2023 |
| Primary Code | 005 |
| 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 | Monday, August 28, 2023 |
| 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 | Monday, August 28, 2023 |
| Primary Code | 025 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, August 28, 2023 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 032 - Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. |
| US Class Codes | 045, 046, 048 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, August 28, 2023 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, August 28, 2023 |
| Primary Code | 033 |
| 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 | Monday, August 28, 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 | Monday, August 28, 2023 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | ENERGY BEVERAGES LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Corona, CA 92879 |
| Event Date | Event Description |
| Tuesday, August 1, 2023 | NEW APPLICATION ENTERED |
| Tuesday, March 26, 2024 | ASSIGNED TO EXAMINER |
| Monday, August 28, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, April 8, 2024 | NON-FINAL ACTION WRITTEN |
| Monday, April 8, 2024 | NON-FINAL ACTION E-MAILED |
| Monday, April 8, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, July 8, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Sunday, April 7, 2024 | NON-FINAL ACTION WRITTEN |
| Sunday, April 7, 2024 | NON-FINAL ACTION E-MAILED |
| Sunday, April 7, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, July 8, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, August 7, 2024 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, August 7, 2024 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, August 7, 2024 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, August 7, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, August 7, 2024 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, August 20, 2024 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Tuesday, July 9, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |