| Serial Number | 79239942 |
| Word Mark | SMYLEAN |
| Filing Date | Monday, March 5, 2018 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, August 27, 2019 |
| Registration Number | 5841647 |
| Registration Date | Tuesday, August 27, 2019 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, June 11, 2019 |
| Goods and Services | Education, namely, physical fitness instruction; providing of training in the field of nutrition and health care; entertainment, namely, conducting of sports competitions; sporting and cultural activities, namely, organizing community sporting and cultural events; providing sports facilities and fitness facilities; education and training consultancy and educational consultancy, in particular in the field of nutrition and health care, namely, training services in the field of nutrition and health care and information events therefor, namely, organizing informational events in the field of nutrition and health care for educational services; services of a fitness trainer and of a fitness club, namely, physical fitness training services; performance of fitness classes, namely, conducting fitness classes; performance of gymnastics classes, namely, conducting gymnastic classes; rental of sports equipment except vehicles; timing of sports events |
| Description of Mark | The mark consists of a yellow single lined hexagon containing a gray bird-like design. Below this image is the wording "SMYLEAN" with "SMY" written in yellow and "LEAN" written in gray. The mark is displayed on a white background which is not claimed as a feature of the mark. |
| Goods and Services | Pharmaceutical preparations, namely, appetite suppressants; medical preparations, namely, medicated supplements for foodstuff for adults; sanitary preparations for medical purposes; dietetic foods and beverages adapted for medical use; food for babies; dietary supplements for humans; plant extracts for pharmaceutical purposes; medical preparations for slimming purposes and slimming pills, namely, diet pills; laxatives; appetite suppressant pills; dietary fibers, namely, dietary fibers to aid digestion; biological preparations for medical purposes for the treatment of cardiac insufficiency; chemical preparations for medical purposes, namely, for the treatment of cardiac insufficiency; dietetic substances for medical purposes, namely, dietetic sugar substitutes for medical use; dietetic beverages for medical purposes, dietetic food for medical purposes, herbal extracts for medical purposes; therapeutic medicated bath additives, namely, medicated bath salts; digestive preparations for pharmaceutical purposes |
| Indication of Colors claimed | The color(s) yellow and grey is/are claimed as a feature of the mark. |
| 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 | Wednesday, September 12, 2018 |
| Primary Code | 005 |
| 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 | Wednesday, September 12, 2018 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | 360vital GmbH |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | AT |
| Party Name | 360vital GmbH |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | AT |
| Party Name | 360vital GmbH |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | AT |
| Event Date | Event Description |
| Tuesday, September 18, 2018 | APPLICATION FILING RECEIPT MAILED |
| Thursday, September 6, 2018 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Wednesday, September 12, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, September 12, 2018 | ASSIGNED TO EXAMINER |
| Tuesday, September 25, 2018 | NON-FINAL ACTION WRITTEN |
| Wednesday, September 26, 2018 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, September 27, 2018 | REFUSAL PROCESSED BY MPU |
| Thursday, September 27, 2018 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, October 13, 2018 | REFUSAL PROCESSED BY IB |
| Wednesday, March 20, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, March 20, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, March 20, 2019 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, March 21, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, April 11, 2019 | NON-FINAL ACTION WRITTEN |
| Thursday, April 11, 2019 | NON-FINAL ACTION E-MAILED |
| Thursday, April 11, 2019 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, April 18, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, April 18, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, April 19, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, April 23, 2019 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, April 23, 2019 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, April 23, 2019 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, April 23, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, May 6, 2019 | ASSIGNED TO LIE |
| Wednesday, May 22, 2019 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, May 22, 2019 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, May 22, 2019 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Friday, June 7, 2019 | NOTIFICATION PROCESSED BY IB |
| Tuesday, June 11, 2019 | PUBLISHED FOR OPPOSITION |
| Tuesday, June 11, 2019 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, August 27, 2019 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, November 27, 2019 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, December 24, 2019 | FINAL DISPOSITION PROCESSED |
| Wednesday, December 25, 2019 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, January 10, 2020 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Tuesday, April 23, 2019 | EXAMINER'S AMENDMENT ENTERED |
| Friday, July 5, 2019 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, November 1, 2021 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, August 27, 2024 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |