| Serial Number | 79397971 |
| Word Mark | SMART PROTEIN 360 |
| Filing Date | Thursday, November 2, 2023 |
| Status | 640 - NON-FINAL ACTION COUNTED - NOT MAILED |
| Status Date | Wednesday, June 26, 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 | Energy bars; high-protein snack bars; high-protein energy bars; nutrient dense high-protein cereal bars; cereal bars; corn based snacks and energy bars; cereal based snacks and energy bars; cereal-based savoury snacks; prepared meals (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); sushi; snack foods (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); breakfast cereals; porridge and grits; oat porridge; preparations made from flour; sausage rolls; quiches; pasta; pizza; popcorn; pizzas, pies and pasta dishes; bread; sandwiches; bread rolls; open sandwiches; wrap over sandwiches; butties (sandwiches); bakery products; pastries; wraps [sandwich]; flat bread; pastry; pasta; pastry and pastry products; prepared meals containing pasta, bread, cereals, rice and /or pastry; cheese-based snacks; puffed corn snacks; corn-based savoury snacks; crispbread snacks; extruded corn snacks; maize based snacks; wheat based snacks; flour based savory snacks; corn snacks; rice cakes; rice based snacks; snacks made from rice; muesli based snacks; snacks made from muesli; snacks manufactured from cereals; tortilla snacks; coffee; artificial coffee; tea beverages; preparations made from or containing tea; tea substitutes; tea-based beverages; iced tea; cocoa; chocolate; products made or containing chocolate; sweets; candy; gummies (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); confectionery; ice confectionery; non-medicated confectionery; frozen confections; edible ices; ice cream; ice cream products and frozen confections; frozen yogurt; cakes; biscuits; shortbreads; flapjacks; cakes; pies; fruit crumbles; desserts (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); puddings; mousses; muffins; croissants; baguettes; cheese cake; meringues; sauces; preparation for making sauces; salad dressings; marinades; mousses; flavourings other than essential oils; chutneys; fruit sauces; vinaigrettes; dressings; coated nuts. |
| Goods and Services | Snack foods (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); protein enriched snacks (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); snack bars (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); vitamin and mineral enriched snacks (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); prepared meals (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); protein enriched meals (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); vegetable and potato crisps; fruit snacks; processed fruits and vegetables (including nuts and pulses); candied fruit snacks; preserved, dried and cooked fruit and vegetable snacks; potato snacks; legume-based snacks; milk-based snacks; nuts and mixtures of nuts and dried fruits; nut butter; food spreads (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); dips (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); drinks consisting of dairy products; soups; meat, fish, seafood, poultry and game, and preparations made from the aforesaid; products made principally of meat, fish, poultry and game; meat extracts; pâté; cheese; cheese spreads; cheese dips; yogurt; pickles; food spreads (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); dips (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); drinks consisting of dairy products (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); dairy desserts; yoghurts; yoghurt products; desserts and preparations for making desserts (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); jellies, jams, preserves, compotes (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); fruit preserves; vegetable preserves; eggs, milk and milk products; dairy products; edible oils and fats. |
| Pseudo Mark | SMART PROTEIN THREE HUNDRED SIXTY |
| Goods and Services | Protein powder (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); supplements for use in relation to energy, exercise, health, fitness, beauty, wellbeing, weightloss, bodybuilding (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); all of the foregoing in drop form, powder form, capsule form, tablet form, gummie form, and in liquid form; collagen for medical purposes; probiotic supplements; mineral dietary supplements; natural dietary supplements; nutritional supplement energy bars; nutritional supplement meal replacement bars for boosting energy; dietary and nutritional supplements; food supplements for sportsmen; pharmaceuticals; digestants; digestive enzymes; digestives for pharmaceutical purposes; dietary fiber to aid digestion; pharmaceutical agents affecting digestive organs; pharmaceutical preparations for treating the digestive system; probiotic preparations for medical use to help maintain a natural balance of flora in the digestive system; medical and therapeutic preparations; dietetic food and substances; food supplement capsules; dietary supplements and dietetic preparations; nutritional and dietary supplements for humans; powdered nutritional supplement drink mix; protein powder dietary supplements; protein supplement shakes; vitamin and mineral supplements; meal replacement powders; meal replacement drink mixes; nutritional energy drinks (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); nutritional energy bars (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); nutritional powders, bars and drink mixes for boosting energy (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); therapeutic and nutritional flavourings and solutions; dietary and nutritional supplement drink mixes; dietary supplement drink mixes; liquid herbal supplements; infusions and dietetic preparations; nutraceuticals for use as a nutritional or dietary supplement; nutritional flavourings and solutions; nutritional and dietetic food and substances; nutrition and diet related products; candles for therapeutic purposes; lotions, creams and ointments for medical and therapeutic use; foodstuffs and ingestible materials for medical and therapeutic use; herbal medicines; herbal and medicinal teas; herbs for medical and therapeutic use; compresses; therapeutic food and substances; therapeutic food and substances adapted for medical use; nutrition supplements in drop form capsule form, gummie form, and in liquid form; nutritional food additives for culinary purposes; medical preparations; diet capsules; dietary supplements for humans not for medical purposes; dietary supplements for infants; dietary supplements for medical use; dietetic beverages adapted for medical purposes; dietetic confectionery adapted for medical purposes; dietetic foods adapted for medical use; food for restricted diets (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); food supplements for dietetic use; health food supplements for persons with special dietary requirements; herbal dietary supplements for persons special dietary requirements; absorbent articles for personal hygiene; cleaning cloths impregnated with disinfectant for hygiene purposes; disinfectants for hygiene purposes; feminine hygiene products; wipes impregnated with disinfectants for hygiene purposes; energy gummies; nutrient dense, high protein meal replacement bars for weight management, comprised primarily of cereal. |
| Pseudo Mark | SMART PROTEIN THREE SIX ZERO |
| Goods and Services | Cosmetics; collagen for cosmetic purposes; collagen preparations for cosmetic application; collagen preparations for cosmetic purposes; hydrolyzed collagen for cosmetic purposes; pro-collagen for cosmetic purposes; skincare cosmetics; moisturisers; cosmetics and cosmetic preparations; hair cosmetics; skin fresheners; cosmetics for eye-lashes (term considered linguistically incorrect by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); cosmetics for suntanning; organic cosmetics; anti-aging moisturizers used as cosmetics; lip cosmetics; nail cosmetics; non-medicated cosmetics; natural cosmetics; skin moisturizers used as cosmetics; cosmetics preparations; mousses; make-up palettes containing cosmetics; tanning oils; tanning gels; cosmetics in the form of lotions; facial creams; beauty care cosmetics; colour cosmetics; self-tanning preparations; cosmetics for animals; eyebrow cosmetics; tanning preparations; suncare lotions; decorative cosmetics; multifunctional cosmetics; eye cosmetics; milks; body creams; after-sun oils; skin masks; cosmetics for eye-brows; tanning milks; functional cosmetics; suntan oils; facial gels; skin care cosmetics; fluid creams; cosmetics for children; suntan lotion; non-medicated cosmetics and toiletry preparations; humectant preparations (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); emollient preparations; cosmetics in the form of creams; powder compacts; sun-tanning preparations; cosmetic hair lotions; suntanning oil; colour cosmetics for the skin; after-sun milk; after-sun milks; cosmetic moisturisers; sunscreens; cosmetic creams and lotions; bath powder; skin recovery creams; night creams; body gels; body and facial creams; cosmetic products in the form of aerosols for skincare; sun blocking lipsticks; cosmetics for use on the skin; lip stains; sunscreen; cosmetic soaps; sunscreen creams; cosmetic creams; creams (cosmetic -); body care cosmetics; cosmetics in the form of powders; cosmetics for the use on the hair; cosmetics containing keratin; hair care lotions; cosmetic skin fresheners; dyes (cosmetic -); cosmetic dyes; cosmetics in the form of oils; beauty lotions; facial lotions; cosmetic facial lotions; nail paint; cosmetic suntan lotions; after-sun lotions; perfume oils for the manufacture of cosmetic preparations; skin care lotions; nail hardeners; anti-aging creams; tissues impregnated with cosmetics; nail tips; colour cosmetics for children; nail primer; sun protecting creams; cosmetic products for the shower; anti-ageing creams; smoothing emulsions; skin cleansers; perfumed powders; liners for the eyes; cosmetic creams for the skin; skin creams; skin creams; body and facial gels; cosmetic oils; moisturising skin lotions; hygiene cleansing towelettes (term considered too vague by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); oral hygiene preparations; soaps; perfumery, essential oils, hair lotions; shampoos; shaving preparations; and incense (term considered linguistically incorrect by the International Bureau pursuant to the Rule 13 (2) (b) of the Regulations); body lotion; body lotions; body mask lotion; moisturizing body lotions; moisturising body lotion; perfumed body lotions; scented body lotions and creams; lotions for face and body care; toning lotion, for the face, body and hands; body oil; body oils; body oil spray; body oil; body oils; cleansing lotions; skin cleansing lotion; teeth cleaning lotions; face creams; creamy face powder; face cream (non-medicated-); face creams for cosmetic use; cleaning masks for the face; face oil; beauty serums; non-medicated skin serums; serums for cosmetic purposes; body scrub; face scrubs (non-medicated-); facial scrubs; foot scrubs; general purpose scouring powder; hand scrubs; scouring liquids; scouring powders; scouring preparations; scouring solutions; scouring substances; scrubbing powder; toners for cosmetic use. |
| Goods and Services | Non-alcoholic beverages; energy drinks; aerated beverages; vegetable juices; fruit beverages; fruit drinks; fruit juices; smoothies; waters; soda water; aerated water; aperitifs, non-alcoholic; beer; beers; shandy; non-alcoholic beers; beverages (preparations for making -); cider, non-alcoholic; cocktails, non-alcoholic; de-alcoholised drinks; essences for making beverages; ginger ale; isotonic beverages; lemonades; liqueurs (preparations for making -); mineral water; non-alcoholic fruit extracts; pastilles for effervescing beverages; powders for effervescing beverages; sorbets [beverages]; syrups and other preparations for making beverages; whey beverages; non-alcoholic wines. |
| International Class | 003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| US Class Codes | 001, 004, 006, 050, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, June 20, 2024 |
| Primary Code | 003 |
| 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 | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, June 20, 2024 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, June 20, 2024 |
| Primary Code | 029 |
| 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 | Thursday, June 20, 2024 |
| 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 | Thursday, June 20, 2024 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | The Original Fit Factory Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | GB |
| Event Date | Event Description |
| Thursday, June 20, 2024 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Tuesday, June 25, 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, June 25, 2024 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, June 26, 2024 | ASSIGNED TO EXAMINER |
| Wednesday, June 26, 2024 | NON-FINAL ACTION WRITTEN |
| Thursday, June 27, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |