| Serial Number | 87718939 |
| Word Mark | SWEAT |
| Filing Date | Wednesday, December 13, 2017 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, June 29, 2021 |
| Registration Number | 6399166 |
| Registration Date | Tuesday, June 29, 2021 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, April 13, 2021 |
| Goods and Services | Fitness boot camp services; Conducting fitness classes; Fitness and exercise clinics services in the nature of personal training, group fitness; Personal trainer services; Physical fitness instructions; Physical fitness training services; Providing online videos featuring physical fitness and exercise instruction, not downloadable; On-line journal, namely, a blog featuring physical fitness and exercise; Arranging of sporting events; Organizing educational, sporting and cultural events; Providing information, including online, about education, training, sporting and cultural activities; provision of sporting events, namely, providing various facilities and equipment for an array of boot camps, sporting events, sports and athletic competitions; Publication of electronic books and journals online; Providing online non-downloadable electronic publications in the field of physical fitness and exercise, namely, articles and instructional guides |
| Description of Mark | The mark consists of the term "SWEAT" with an illustration of a drop of sweat to the right of the wording. |
| Goods and Services | Downloadable electronic publications in the nature of books in the field of physical fitness and exercise instruction; Electronic publications including those sold and distributed online namely, electronic downloadable publications in the nature of books in the field of physical fitness and exercise instruction; Video recordings featuring physical fitness and exercise instruction; Downloadable software applications for use in physical fitness and exercise management in the field of physical fitness and exercise; Sunglasses; Compact discs containing recorded video featuring physical fitness and exercise instruction; Video compact discs featuring physical fitness and exercise instruction; Prerecorded DVDs featuring physical fitness and exercise instruction; Pre-recorded discs for reproducing sound featuring physical fitness and exercise instructions; smart watches comprised primarily of a wristwatch also featuring a telephone, software and display screens for viewing, sending and receiving texts, emails, data and information |
| Goods and Services | Jump ropes; Fitness apparatus, namely, foam rollers, recovery bands, resistance bands, ankle weights, sport balls, dumbbells, exercise weights, kettle bells; exercise apparatus, other than for medical rehabilitative purposes, namely, foam rollers, recovery bands, resistance bands, ankle weights, sport balls, dumbbells, exercise weights, kettle bells; Apparatus for playing sports in the nature of sports equipment, namely, skipping ropes, exercise weights; Articles for exercising the body in the nature of exercise equipment, namely, foam rollers, recovery bands, resistance bands, ankle weights, sport balls, dumbbells, exercise weights, kettle bells; Bags specially adapted for sporting equipment; Gymnastic articles, namely, training bars, gymnastic rings; Bags specially adapted for gymnastic articles, namely, gymnastic rings; Fitness exercise appliances, namely, benches, single power rack, double power rack, multi squat rack; Indoor fitness apparatus, namely, resistance bands, bench press, indoor bicycle trainers, treadmills |
| Goods and Services | Yoga mats; Gymnasium exercise mats |
| Goods and Services | Printed publications, namely, books, instruction manuals, in the field of outdoor sporting activities; Printed matter, namely, books, instruction manuals, advertisements, magazines, in the field of physical fitness and exercise; Printed matter for advertising namely, brochures; Printed matter for instructional purposes namely, printed teaching materials in the field of physical fitness and exercise; Printed books in the field of physical fitness and exercise; Magazines featuring physical fitness and exercise; printed instructional materials in the field of physical fitness and exercise; Display banners made of cardboard; Display banners of paper; blank journals; Printed training guides for physical fitness and exercise |
| Goods and Services | Smart watches comprised primarily of a wristwatch also featuring a telephone, software and display screens for viewing, sending and receiving texts, emails, data and information |
| Goods and Services | Apparel for fitness and exercise namely, clothing items in the nature of shirts, leggings, singlets, pants, socks, shorts, shoes; clothing, namely, shirts, pants, socks, shorts; footwear; Headwear; Headwear for wear for women; Sports headwear, namely, headbands, caps; Exercise wear, namely, athletic shirts, leggings, singlets, pants, socks, shorts, shoes; Shoes for sportswear, namely, athletic footwear; Sports caps; sports clothing, namely, athletic shirts, leggings, singlets, pants, socks, shorts, footwear; Sports footwear, namely, athletic shoes; sportswear, namely, athletic shirts, leggings, singlets, pants, socks, shorts, footwear |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Towels |
| Goods and Services | Advisory services relating to diet; medical testing services being fitness testing in the nature of fitness routines, exercise circuits, functional fitness testing and evaluation |
| Goods and Services | Coffee mugs; Plastic water bottles sold empty; insulated containers for food; Water bottles sold empty |
| International Class | 027 - Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). |
| US Class Codes | 019, 020, 037, 042, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, August 9, 2018 |
| Primary Code | 027 |
| 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 | Saturday, December 23, 2017 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 014 - Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments. |
| US Class Codes | 002, 027, 028, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, August 9, 2018 |
| Primary Code | 014 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
| US Class Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, August 9, 2018 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 021 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. |
| US Class Codes | 002, 013, 023, 029, 030, 033, 040, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, August 9, 2018 |
| Primary Code | 021 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 024 - Textiles and textile goods, not included in other classes; beds and table covers. |
| US Class Codes | 042, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, August 9, 2018 |
| Primary Code | 024 |
| 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 | Thursday, August 9, 2018 |
| Primary Code | 025 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 028 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. |
| US Class Codes | 022, 023, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, August 9, 2018 |
| Primary Code | 028 |
| 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 | Thursday, August 9, 2018 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, August 9, 2018 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | THE BIKIBI BDY TRAINING COMPANY PTY. LTD. |
| Party Type | 33 - New Owner After Registration |
| Legal Entity Type | 24 - NOT AVAILABLE |
| Address | PARKSIDE SA 5062 AU |
| Party Name | IFIT INC. |
| Party Type | 32 - New Owner After Registration |
| Legal Entity Type | 03 - Corporation |
| Address | LOGAN, UT 84321 |
| Party Name | ICON HEALTH & FITNESS, INC. |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 03 - Corporation |
| Address | LOGAN, UT 84321 |
| Party Name | The Bikini Body Training Company Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | Parkside SA 5063 AU |
| Party Name | The Bikini Body Training Company Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | Parkside SA 5063 AU |
| Party Name | The Bikini Body Training Company Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | Parkside SA 5063 AU |
| Event Date | Event Description |
| Thursday, February 8, 2018 | ASSIGNED TO EXAMINER |
| Saturday, December 16, 2017 | NEW APPLICATION ENTERED |
| Saturday, December 23, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, December 26, 2017 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, February 9, 2018 | NON-FINAL ACTION WRITTEN |
| Friday, February 9, 2018 | NON-FINAL ACTION E-MAILED |
| Friday, February 9, 2018 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, August 9, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, August 9, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, August 9, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, August 22, 2018 | NON-FINAL ACTION WRITTEN |
| Wednesday, August 22, 2018 | NON-FINAL ACTION E-MAILED |
| Wednesday, August 22, 2018 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, February 22, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, February 22, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Saturday, February 23, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, March 11, 2019 | FINAL REFUSAL WRITTEN |
| Monday, March 11, 2019 | FINAL REFUSAL E-MAILED |
| Monday, March 11, 2019 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, September 11, 2019 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Tuesday, September 17, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, September 17, 2019 | ASSIGNED TO LIE |
| Tuesday, September 17, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, March 31, 2020 | INQUIRY TO SUSPENSION E-MAILED |
| Tuesday, September 24, 2019 | SUSPENSION LETTER WRITTEN |
| Tuesday, September 24, 2019 | LETTER OF SUSPENSION E-MAILED |
| Tuesday, September 24, 2019 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Wednesday, March 25, 2020 | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION |
| Tuesday, March 31, 2020 | SUSPENSION INQUIRY WRITTEN |
| Tuesday, March 31, 2020 | NOTIFICATION OF INQUIRY AS TO SUSPENSION E-MAILED |
| Friday, September 18, 2020 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| Friday, September 25, 2020 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, September 25, 2020 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Saturday, September 26, 2020 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, October 19, 2020 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Tuesday, October 13, 2020 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Monday, March 1, 2021 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, October 19, 2020 | NON-FINAL ACTION WRITTEN |
| Monday, October 19, 2020 | NON-FINAL ACTION E-MAILED |
| Monday, October 19, 2020 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, March 1, 2021 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, March 2, 2021 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, March 3, 2021 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, March 10, 2021 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, March 24, 2021 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, April 13, 2021 | PUBLISHED FOR OPPOSITION |
| Tuesday, April 13, 2021 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, June 29, 2021 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, August 18, 2021 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Monday, November 15, 2021 | NOTICE OF SUIT |
| Tuesday, December 14, 2021 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, December 14, 2021 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Tuesday, December 14, 2021 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Tuesday, December 14, 2021 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, December 14, 2021 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, May 19, 2022 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| Wednesday, February 16, 2022 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Tuesday, June 7, 2022 | NOTICE OF SUIT |
| Thursday, June 23, 2022 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| Wednesday, August 24, 2022 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| Wednesday, April 5, 2023 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, April 5, 2023 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, April 5, 2023 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, June 28, 2024 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| Wednesday, December 20, 2023 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Wednesday, December 27, 2023 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |