| Serial Number | 88109905 |
| Word Mark | OPENFIT |
| Filing Date | Sunday, September 9, 2018 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, May 28, 2019 |
| Registration Number | 5761579 |
| Registration Date | Tuesday, May 28, 2019 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, March 12, 2019 |
| Goods and Services | Entertainment services, namely, an ongoing series in the fields of exercise, fitness and nutrition provided through webcasts, podcasts, radio broadcasts, cable television, and the internet; providing a web site featuring fitness information and on-line instruction in the field of physical exercise and tracking progress of workouts; providing fitness information on a website via a global computer network; providing a website featuring blogs and non-downloadable publications in the nature of articles, videos, brochures in the fields of exercise, fitness and nutrition; educational services and online educational services, namely, providing instruction in the fields of the use of exercise equipment and physical exercise, and instructional materials distributed in connection therewith; physical fitness training services, namely, tracking progress of workouts for others; entertainment services, namely, conducting contests; education and entertainment services, namely, providing a website featuring non-downloadable audio clips, video clips, musical performances, musical videos, film clips, photographs, audio visual materials and information all in the field of exercise and fitness; entertainment services, namely, providing temporary use of non-downloadable electronic games; educational services, namely, providing web-based and classroom training in the field of the use of exercise equipment and physical fitness for certification of and continuing education for instructors and distribution of training material in connection therewith; educational services, namely, conducting classes, seminars, conferences, workshops, and field trips in the field of the use of exercise equipment and sales techniques and distribution of training material in connection therewith; membership club services, namely, providing training to members in the field of the use of exercise equipment and sales techniques; educational services, namely, offering of assessments and surveys in the field of educator training and performance for the purpose of improving teaching procedures; physical fitness training services and consultancy; providing information in the field of exercise training services and on-line educational services, namely, providing instruction in the field of nutrition, and instructional materials distributed in connection therewith; educational services, namely, providing web-based and classroom training in the field of diet and nutritional programs for certification of and continuing education for instructors and distribution of training material in connection therewith; educational services, namely, conducting classes, seminars, conferences, workshops, and field trips in the field of diet and nutritional programs; membership club services, namely, providing training to members in the field of diet and nutritional programs |
| Description of Mark | The mark consists of "OPENFIT" with a broken "O" with a square at the bottom left portion of the broken "O". |
| Goods and Services | Prerecorded DVDs featuring exercise, fitness, and dietary information instruction; downloadable, interactive multimedia computer software for use in database management, for use in sharing web based videos and documents, and for use in electronic storage of data which provides audio, audiovisual and video training information on the subject of physical exercise, physical exercise equipment, diet and nutrition, and pictures, images, text, and photos related thereto; computer application software for mobile phones, portable media players, and handheld computers, namely, software for use in database management, for use in sharing web based videos and documents, and for use in electronic storage of data, in the field of exercise, fitness, and dietary information and instruction; downloadable electronic game software in the field of exercise, fitness, and dietary information and instruction |
| Goods and Services | Electronic transmission and streaming of digital media content for others via global and local computer networks; streaming of audio, visual and audiovisual material via a global computer network; video on demand transmissions; mobile media services in the nature of electronic transmission, broadcasting and delivery of audio, video and multimedia entertainment content including text, data, images, audio, video and audiovisual files by means of the Internet, wireless communication, electronic communications networks and computer networks; providing internet chatrooms |
| Goods and Services | Nutritional and dietary supplements; dietary supplements and diet aids, namely, vitamins and mineral supplements; food supplements; powdered nutritional supplement drink mix and shake mix; meal replacement shakes adapted for medical use; meal replacement bars adapted for medical use; nutritional supplement shakes; nutritional and dietary supplements formed and packaged as bars |
| Goods and Services | Tank tops, T-shirts, shirts, hooded sweatshirts, pants, sweatshirts, shorts, jackets, hats, caps being headwear, wristbands as clothing, cargo pants, sweatpants, capri pants, halter tops, vests, socks, footwear |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 100, 101, 104 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, September 18, 2018 |
| Primary Code | 038 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | 6 - Active |
| Class Status Date | Tuesday, September 18, 2018 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Tuesday, September 18, 2018 |
| Primary Code | 009 |
| 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 | Tuesday, September 18, 2018 |
| Primary Code | 025 |
| 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 | Tuesday, September 18, 2018 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | OPENFIT, LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | El Segundo, CA 90245 |
| Party Name | OPENFIT, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | WESTLAKE VILLAGE, CA 91362 |
| Party Name | OPENFIT, LLC |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | WESTLAKE VILLAGE, CA 91362 |
| Party Name | Beachbody, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Santa Monica, CA 90404 |
| Event Date | Event Description |
| Wednesday, September 12, 2018 | NEW APPLICATION ENTERED |
| Tuesday, September 18, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, September 19, 2018 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, October 17, 2018 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Saturday, October 27, 2018 | ASSIGNED TO EXAMINER |
| Saturday, October 27, 2018 | NON-FINAL ACTION WRITTEN |
| Saturday, October 27, 2018 | NON-FINAL ACTION E-MAILED |
| Saturday, October 27, 2018 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, January 25, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, January 29, 2019 | ASSIGNED TO LIE |
| Thursday, January 31, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, January 31, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, January 31, 2019 | FINAL REFUSAL WRITTEN |
| Thursday, January 31, 2019 | FINAL REFUSAL E-MAILED |
| Thursday, January 31, 2019 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, January 31, 2019 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Friday, February 1, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, February 1, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, February 1, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, February 20, 2019 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, March 12, 2019 | PUBLISHED FOR OPPOSITION |
| Tuesday, March 12, 2019 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, May 28, 2019 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, July 9, 2020 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, July 9, 2020 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, July 9, 2020 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, July 9, 2020 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, July 9, 2020 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, February 3, 2022 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, February 3, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, February 3, 2022 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, February 3, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, February 3, 2022 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Tuesday, May 28, 2024 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |