| Serial Number | 86324847 |
| Word Mark | X XYSTUS FIT ANYWHERE |
| Filing Date | Monday, June 30, 2014 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Friday, May 8, 2015 |
| 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 | NOT AVAILABLE |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Description of Mark | The mark consists of A stylized letter X that is created by using a chevron pointing to the right and is combined with 2 diagonal stripes to create an implied X letterform. The wording "XYSTUS Fit Anywhere" in black sits underneath the X mark. |
| Goods and Services | Exercise machines for therapeutic purposes; Manually-operated exercise equipment for physical therapy purposes |
| Goods and Services | Exercise balls; Exercise bars; Exercise doorway gym bars; Exercise equipment, namely, plyometric boxes; Exercise equipment, namely, shoulder stretcher using resistance cables; Exercise equipment, namely, office and travel fitness equipment; Exercise hand grippers; Exercise machines; Exercise machines incorporating electronic and video game controllers; Exercise platforms; Exercise weight cuffs; Exercise weights; Exercising equipment, namely, pulleys; Leg weights for exercising; Manually-operated exercise equipment; Manually-operated exercise equipment for physical fitness purposes; Personal exercise mats; Physical fitness equipment, namely, office and travel fitness equipment; Stress relief balls for hand exercise; Stress relief exercise balls; Stress relief exercise toys; Stretching exercise machines; Vibrating apparatus used in fitness and exercise programs to stimulate muscles and increase strength and physical performance; Wrist and ankle weights for exercise |
| Goods and Services | Arranging and conducting incentive award programs to encourage the frequent, continued and effective practice of physical exercise; Consulting services in the fields of fitness and exercise; Education services, namely, providing panel discussions in the field of ergonomics, office and travel fitness equipment, and resourceful fitness training/ therapy/ stress relief; Educational services, namely, providing ongoing television public service announcements in the field of ergonomics, office and travel fitness equipment, and resourceful fitness training/ therapy/ stress relief; Entertainment services, namely, contest and incentive award programs designed to reward program participants who exercise, make healthy eating choices, and engage in other health-promoting activities; Health club services, namely, providing instruction and equipment in the field of physical exercise; Personal training provided in connection with weight loss and exercise programs; Physical fitness studio services, namely, providing exercise classes, body sculpting classes, and group fitness classes; Physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities; Providing a web site featuring information on exercise and fitness; Providing a website featuring information on exercise and fitness; Providing an on-line computer database featuring information regarding exercise and fitness; Providing assistance, personal training and physical fitness consultation to corporate clients to help their employees make physical fitness, strength, conditioning, and exercise alterations in their daily living; Providing assistance, personal training and physical fitness consultation to individuals to help them make physical fitness, strength, conditioning, and exercise improvement in their daily living; Providing classes, workshops, seminars and camps in the fields of fitness, exercise, boxing, kick boxing and mixed martial arts; Providing fitness and exercise facilities; Providing fitness and exercise studio services, namely, pilates instruction and training; Providing general fitness and mixed martial arts facilities that require memberships and are focused in the fields of general fitness, exercise, and mixed martial arts; Providing information in the field of exercise training; Providing information on physical exercise; Providing physical fitness and exercise service, namely, indoor cycling and yoga instruction |
| Translation of Words in Mark | The English translation of XYSTUS in the mark is a Greek architectural word meaning the covered portico of a gymnasium. |
| 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 | Tuesday, July 8, 2014 |
| Primary Code | 010 |
| 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 | Tuesday, July 8, 2014 |
| 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 | Tuesday, July 8, 2014 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Miller, Reuben A |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Carrollton, TX 75007 |
| Event Date | Event Description |
| Friday, May 8, 2015 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Friday, May 8, 2015 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Friday, October 10, 2014 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, October 10, 2014 | NON-FINAL ACTION E-MAILED |
| Friday, October 10, 2014 | NON-FINAL ACTION WRITTEN |
| Wednesday, October 8, 2014 | ASSIGNED TO EXAMINER |
| Wednesday, July 9, 2014 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, July 8, 2014 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, July 3, 2014 | NEW APPLICATION ENTERED IN TRAM |