| Serial Number | 97111697 |
| Word Mark | X |
| Filing Date | Friday, November 5, 2021 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, January 29, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 1, 2022 |
| Goods and Services | Providing professional coaching services in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and encouraging a healthy lifestyle; providing information and consulting services in the fields of physical activity and physical exercise, mindfulness training, stress management training, mindset coaching, and sleep coaching; educational services, namely, providing courses for achieving goals in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and healthy living and distribution of course material in connection therewith |
| Description of Mark | The mark consists of a stylized X design arranged along a vertical line of symmetry consisting of 3 curved lines to the left and 3 curved lines to the right. |
| Goods and Services | Downloadable interactive computer software for setting goals, tracking steps, meals, exercises, and progress and monitoring steps, meals, exercises, and progress in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and encouraging a healthy lifestyle of users; Downloadable interactive computer software for viewing and sharing information in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and healthy living; downloadable interactive computer software for monitoring, tracking, analyzing data in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and healthy living choices; downloadable interactive computer software for facilitating interaction between users and coaches via video, text, voice and images; downloadable interactive computer software for allowing users to access physicians, medical specialists, nurses, health care professionals, nutritionists, fitness coaches, and other healthcare and wellness service providers for the purpose of obtaining information and advice in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and healthy living; downloadable computer software for streaming videos, viewing and receiving text, images and voice messages in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and healthy living; Downloadable interactive computer software featuring artificial intelligence for the purpose of connecting users, facilitating coaching and providing information in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and healthy living |
| Goods and Services | Printed plans in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and healthy living |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Healthcare services provided online; providing information in the field of healthcare; health and wellness counseling; providing information and consulting services in the fields of health, wellness, behavior modification for health purposes, weight loss; health information in the field of mindfulness; health information in the field of stress management, and healthy living |
| Goods and Services | Providing temporary use of non-downloadable interactive software for setting goals, tracking steps, meals, exercises, and progress and monitoring steps, meals, exercises, and progress in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and encouraging a healthy lifestyle of users; providing temporary use of non-downloadable interactive software for viewing and sharing information in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and healthy living; providing temporary use of non-downloadable interactive software for monitoring, tracking, analyzing data in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and healthy living choices; providing temporary use of non-downloadable software for facilitating interaction between users and coaches via video, text, voice and images; providing temporary use of nondownloadable interactive software for allowing users to access physicians, medical specialists, nurses, health care professionals, nutritionists, fitness coaches, and other healthcare and wellness service providers for the purpose of obtaining information and advice in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and healthy living; providing temporary use of non-downloadable interactive software for streaming videos, viewing and receiving text, images and voice messages in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and healthy living; providing temporary use of non-downloadable interactive software featuring artificial intelligence for the purpose of connecting users, facilitating coaching and providing information in the fields of health, wellness, health behavior modification, weight loss, nutrition, physical activity and exercise, mindfulness, stress management, mindset coaching, executive coaching, sleep coaching, and healthy living |
| 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 | Tuesday, November 16, 2021 |
| Primary Code | 009 |
| 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, September 22, 2022 |
| Primary Code | 016 |
| 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 | Tuesday, November 16, 2021 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, November 16, 2021 |
| Primary Code | 042 |
| 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 | Tuesday, November 16, 2021 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | DAYTONA HEALTH INC. |
| Party Type | 21 - New Owner After Publication |
| Legal Entity Type | 03 - Corporation |
| Address | TEMECULA, CA 92590 |
| Party Name | Motiv Health Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Temecula, CA 92590 |
| Party Name | Motiv Health Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Temecula, CA 92590 |
| Event Date | Event Description |
| Monday, January 29, 2024 | ABANDONMENT NOTICE E-MAILED - NO USE STATEMENT FILED |
| Monday, January 29, 2024 | ABANDONMENT - NO USE STATEMENT FILED |
| Thursday, June 29, 2023 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Tuesday, June 27, 2023 | SOU EXTENSION 1 GRANTED |
| Tuesday, June 27, 2023 | SOU EXTENSION 1 FILED |
| Tuesday, June 27, 2023 | SOU TEAS EXTENSION RECEIVED |
| Tuesday, December 27, 2022 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Friday, November 25, 2022 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Tuesday, November 1, 2022 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, November 1, 2022 | PUBLISHED FOR OPPOSITION |
| Wednesday, October 12, 2022 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Friday, September 23, 2022 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, September 22, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, September 21, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, September 21, 2022 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, August 20, 2022 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Saturday, August 20, 2022 | NON-FINAL ACTION E-MAILED |
| Saturday, August 20, 2022 | NON-FINAL ACTION WRITTEN |
| Tuesday, August 16, 2022 | ASSIGNED TO EXAMINER |
| Wednesday, November 17, 2021 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, November 16, 2021 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, November 9, 2021 | NEW APPLICATION ENTERED |