| Serial Number | 79332231 |
| Word Mark | MUSCLENATION CUSTARD |
| Filing Date | Thursday, December 30, 2021 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, April 16, 2024 |
| Registration Number | 7357591 |
| Registration Date | Tuesday, April 16, 2024 |
| Mark Drawing | 5 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, January 30, 2024 |
| Goods and Services | candy bars; cereal bars; cereal based food bars; cereal products in bar form, namely, cereal bars; chocolate bars; chocolate fudge; cookies; flour mixtures for use in baking, namely, biscuit mixes, pancake mixes, muffin mixes, and cookie mixes; fudge; grain based snack bars; high-protein cereal bars; ice cream bars; muesli bars; pre-mixes ready for baking, namely, mixes for making baking batters, mixes for bakery goods, cake mixes, pudding mixes; ready-made baking mixtures, namely, cake batter, pre-mixed pancake batter, cookie mixes, muffin mixes, biscuit mixes; ready-to-bake dough products, namely, cake dough, bread dough, cookie dough, brownie dough; snack bars consisting of chocolate |
| Description of Mark | The mark consists of the word "MUSCLENATION" in a stylized font with the word "CUSTARD" in a larger stylized font underneath. |
| Goods and Services | carbohydrate based dietary supplements; casein dietary supplements; dietary food supplements; dietary nutritional supplements; dietary protein supplements; dietary supplements; mineral dietary supplements for humans; mineral food supplements; mineral preparations for medicinal purposes for use as nutritional additives to foodstuffs for humans; nutritional drinks for dietary purposes, namely, powdered nutritional supplement drink mixes, dietary supplement drinks, nutritionally fortified beverages for medical purposes; nutritional meal replacements, namely, meal replacement bars adapted for medical use, meal replacement beverages adapted for medical use, meal replacement shakes adapted for medical use; nutritional supplement energy bars; nutritional supplement protein bars, namely, protein supplements formed and packaged as bars; nutritional drinks being dietary food supplements; nutritional supplements; plant extracts for medicinal purposes; powdered whey protein being dietary supplements; powdered whey protein being nutritional supplements; protein dietary supplements; protein supplements for humans; vitamin drinks, namely, vitamin fortified beverages for medical purposes; vitamin supplements; whey protein being dietary supplements; whey protein being nutritional supplements; whey protein concentrates being dietary supplements; whey protein concentrates being nutritional supplements; whey protein isolates being dietary supplements; whey protein isolates being nutritional supplements |
| NOT AVAILABLE | "CUSTARD" |
| 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 | Friday, February 4, 2022 |
| Primary Code | 005 |
| 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 | Friday, February 4, 2022 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Muscle Nation IP Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Muscle Nation IP Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Muscle Nation IP Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Event Date | Event Description |
| Thursday, February 3, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, February 4, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, February 8, 2022 | APPLICATION FILING RECEIPT MAILED |
| Saturday, March 5, 2022 | NEW REPRESENTATIVE AT IB RECEIVED |
| Wednesday, October 5, 2022 | ASSIGNED TO EXAMINER |
| Thursday, October 13, 2022 | NON-FINAL ACTION WRITTEN |
| Friday, October 14, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, December 29, 2022 | REFUSAL PROCESSED BY MPU |
| Thursday, December 29, 2022 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, January 25, 2023 | REFUSAL PROCESSED BY IB |
| Wednesday, July 5, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, July 5, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, July 25, 2023 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Tuesday, July 25, 2023 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Tuesday, July 25, 2023 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Tuesday, July 25, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Monday, July 31, 2023 | TEAS PETITION TO REVIVE RECEIVED |
| Monday, July 31, 2023 | PETITION TO REVIVE-GRANTED |
| Monday, July 31, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, July 31, 2023 | NOTICE OF REVIVAL - E-MAILED |
| Friday, December 22, 2023 | ASSIGNED TO LIE |
| Saturday, December 23, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Saturday, December 23, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Sunday, December 24, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, January 10, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, January 10, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, January 10, 2024 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Tuesday, January 30, 2024 | NOTIFICATION PROCESSED BY IB |
| Tuesday, January 30, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, January 30, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, April 16, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, April 16, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Wednesday, July 17, 2024 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Friday, October 18, 2024 | FINAL DISPOSITION PROCESSED |
| Friday, October 18, 2024 | FINAL DISPOSITION NOTICE SENT TO IB |
| Saturday, November 9, 2024 | FINAL DECISION TRANSACTION PROCESSED BY IB |