| Serial Number | 79382795 |
| Word Mark | SMART PROTEIN ACTIVE |
| Filing Date | Friday, September 1, 2023 |
| Status | 641 - NON-FINAL ACTION - MAILED |
| Status Date | Thursday, April 25, 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; energy gummies; high-protein snack bars; high-protein energy bars; nutrient dense high-protein cereal bars; nutrient dense, high protein meal replacement bars for weight management, comprised primarily of cereal; cereal bars; corn based snacks and energy bars; cereal based snacks and energy bars; cereal-based savoury snacks; noodle-based prepared meals; sushi; cereal-based snack foods; 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; 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; bakery desserts; 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; chocolate-coated nuts and yoghurt-coated nuts |
| Goods and Services | Nut-based snack foods; protein-enriched snacks; nut-based snack bars; vitamin and mineral enriched snacks; prepared meals consisting principally of meat; protein enriched meals; 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; bean dips; 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; drinks consisting of dairy products; dairy desserts; yoghurts; yoghurt products; desserts and preparations for making desserts (terms considered too vague by the International Bureau - rule 13 (2) (b) of the Common Regulations); jellies, jams, preserves, compotes; fruit preserves; vegetable preserves; eggs, milk and milk products; dairy products; edible oils and fats |
| Goods and Services | Protein powder; supplements for use in relation to energy, exercise, health, fitness, beauty, wellbeing, weight loss, bodybuilding; 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 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; nutritional energy bars; nutritional powders, bars and drink mixes for boosting energy; 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; 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 |
| 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 | 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, November 16, 2023 |
| 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, November 16, 2023 |
| 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, November 16, 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 | Thursday, November 16, 2023 |
| 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 | 11 - New Owner Before Publication |
| Legal Entity Type | 98 - Unknown |
| Address | GB |
| Party Name | The Original Fit Factory Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | GB |
| Event Date | Event Description |
| Thursday, November 9, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Thursday, November 16, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, April 5, 2024 | ASSIGNED TO EXAMINER |
| Thursday, April 25, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, September 6, 2024 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Monday, June 3, 2024 | REFUSAL PROCESSED BY IB |
| Tuesday, November 21, 2023 | APPLICATION FILING RECEIPT MAILED |
| Thursday, April 11, 2024 | NON-FINAL ACTION WRITTEN |
| Friday, April 12, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, April 25, 2024 | REFUSAL PROCESSED BY MPU |
| Saturday, May 25, 2024 | NEW REPRESENTATIVE AT IB RECEIVED |