| Serial Number | 97010084 |
| Word Mark | TEMPERFIT |
| Filing Date | Friday, September 3, 2021 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, November 28, 2023 |
| Registration Number | 7231498 |
| Registration Date | Tuesday, November 28, 2023 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 22, 2022 |
| Description of Mark | The mark consists of the stylized wording "TEMPERFIT" wherein the term "TEMPER" appears in white and the term "FIT" appears in red, all enclosed in an oval with a black background and gray outline. |
| Goods and Services | Scales |
| Goods and Services | Backpacks |
| Goods and Services | Batting gloves; Body-building apparatus; Body-training apparatus; Boxing gloves; Exercise equipment in the nature of exercise balls, exercise bands, jump ropes, yoga straps, abdominal boards, body-building apparatus, body training apparatus, body rehabilitation apparatus in the nature of body training apparatus not for medical use, ankle and wrist weights for exercise, personal exercise mats, fitness bars, handheld weights, Pilates balls and rings, foam exercise rollers, body boards, weight lifting gloves, golf gloves, batting gloves, and boxing gloves; skateboards; protective padding for athletic use, namely, knee, elbow, abdominal, and head pads for boxing, skateboarding and bike riding; Fitness equipment, namely, a weighted bar to improve posture and overall fitness; Foam exercise rollers; Golf gloves; Jump ropes; Pilates toning balls; Skateboards; Weight lifting gloves; Yoga straps; Ankle and wrist weights for exercise; Athletic protective pads for the knee, elbow, abdominals, and head and for use in skateboarding and bike riding; Exercise balls; Exercise weights; Resistance bands for fitness purposes; Stretch bands used for yoga and physical fitness purposes |
| Pseudo Mark | TEMPER FIT |
| Goods and Services | Headbands; Sandals; Slippers; Sneakers; Underwear; Athletic shoes; Clothing, namely, shirts, jackets, pants, shorts, socks, sleepwear; Ski masks; Sleep masks; Wristbands as clothing |
| Indication of Colors claimed | The color(s) gray, black, white, and red is/are claimed as a feature of the mark. |
| Goods and Services | Body rehabilitation apparatus for medical purposes; Compression garments; Compression sleeves; Massage apparatus; Medical braces for ankle, knee, hands, legs, shoulders, neck, back |
| Goods and Services | Plastic storage containers for household use; Shaker bottles sold empty; Water bottles sold empty |
| 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 | Friday, October 15, 2021 |
| Primary Code | 009 |
| First Use Anywhere Date | Monday, May 8, 2023 |
| First Use In Commerce Date | Monday, May 8, 2023 |
| International Class | 010 - Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials. |
| US Class Codes | 026, 039, 044 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, October 15, 2021 |
| Primary Code | 010 |
| First Use Anywhere Date | Friday, November 11, 2022 |
| First Use In Commerce Date | Friday, November 11, 2022 |
| International Class | 018 - Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. |
| US Class Codes | 001, 002, 003, 022, 041 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, October 15, 2021 |
| Primary Code | 018 |
| First Use Anywhere Date | Tuesday, November 22, 2022 |
| First Use In Commerce Date | Tuesday, November 22, 2022 |
| 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 | Friday, October 15, 2021 |
| Primary Code | 021 |
| First Use Anywhere Date | Monday, May 8, 2023 |
| First Use In Commerce Date | Monday, May 8, 2023 |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, October 25, 2023 |
| Primary Code | 025 |
| First Use Anywhere Date | Monday, October 21, 2019 |
| First Use In Commerce Date | Monday, October 21, 2019 |
| 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 | Wednesday, October 25, 2023 |
| Primary Code | 028 |
| First Use Anywhere Date | Saturday, September 8, 2018 |
| First Use In Commerce Date | Saturday, September 8, 2018 |
| Party Name | NuStar Enterprises LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Merrillville, IN 46410 |
| Party Name | NuStar Enterprises LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Merrillville, IN 46410 |
| Party Name | NuStar Enterprises LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Merrillville, IN 46410 |
| Event Date | Event Description |
| Tuesday, November 28, 2023 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, November 28, 2023 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, October 26, 2023 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED |
| Wednesday, October 25, 2023 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Tuesday, October 17, 2023 | STATEMENT OF USE PROCESSING COMPLETE |
| Thursday, October 12, 2023 | USE AMENDMENT FILED |
| Thursday, October 12, 2023 | TEAS STATEMENT OF USE RECEIVED |
| Thursday, April 13, 2023 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Tuesday, April 11, 2023 | SOU EXTENSION 2 GRANTED |
| Tuesday, April 11, 2023 | SOU EXTENSION 2 FILED |
| Tuesday, April 11, 2023 | SOU TEAS EXTENSION RECEIVED |
| Saturday, December 3, 2022 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Friday, December 2, 2022 | SOU EXTENSION 1 GRANTED |
| Wednesday, October 19, 2022 | SOU EXTENSION 1 FILED |
| Thursday, December 1, 2022 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Thursday, October 27, 2022 | NOTICE OF REVIVAL - E-MAILED |
| Thursday, October 27, 2022 | SOU EXTENSION RECEIVED WITH TEAS PETITION |
| Thursday, October 27, 2022 | PETITION TO REVIVE-GRANTED |
| Thursday, October 27, 2022 | TEAS PETITION TO REVIVE RECEIVED |
| Thursday, October 27, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, October 27, 2022 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS |
| Thursday, October 27, 2022 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, October 27, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, April 19, 2022 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, February 22, 2022 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 22, 2022 | PUBLISHED FOR OPPOSITION |
| Wednesday, February 2, 2022 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Saturday, January 15, 2022 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Saturday, January 15, 2022 | EXAMINER'S AMENDMENT ENTERED |
| Saturday, January 15, 2022 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Saturday, January 15, 2022 | EXAMINERS AMENDMENT E-MAILED |
| Saturday, January 15, 2022 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, January 11, 2022 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, January 11, 2022 | NON-FINAL ACTION E-MAILED |
| Tuesday, January 11, 2022 | NON-FINAL ACTION WRITTEN |
| Tuesday, January 4, 2022 | ASSIGNED TO EXAMINER |
| Saturday, October 16, 2021 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, October 15, 2021 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, September 22, 2021 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Wednesday, September 22, 2021 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, September 22, 2021 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, September 7, 2021 | NEW APPLICATION ENTERED |