| Serial Number | 98163513 |
| Word Mark | XCEL | O2 EXERCISE WITH OXYGEN THERAPHY |
| Filing Date | Monday, September 4, 2023 |
| Status | 645 - FINAL REFUSAL - MAILED |
| Status Date | Thursday, February 6, 2025 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Description of Mark | The mark consists of the wording "XCEL O2 EXERCISE WITH OXYGEN THERAPY" with a vertical line between the wording "XCEL" and "O2". The letter "X" in "XCEL" is stylized, and both "XCEL" and "O2" are above to the wording "EXERCISE WITH OXYGEN THERAPY". The shaded rectangle represents a background and/or transparent area and is not claimed as a feature of the mark. |
| Goods and Services | non-medical apparatus in the nature of a bag for dispensing high purity oxygen for use while exercising for health and wellness purposes |
| Pseudo Mark | XCEL O TWO EXERCISE WITH OXYGEN THERAPHY |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| NOT AVAILABLE | "O2" and "EXERCISE WITH OXYGEN THERAPY" |
| 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 | Thursday, September 28, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | Sunday, April 30, 2023 |
| First Use In Commerce Date | Sunday, April 30, 2023 |
| Party Name | XCEL O2, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Placentia, CA 92870 |
| Event Date | Event Description |
| Thursday, September 7, 2023 | NEW APPLICATION ENTERED |
| Monday, April 22, 2024 | ASSIGNED TO EXAMINER |
| Thursday, September 28, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, September 29, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Thursday, April 25, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, April 25, 2024 | NON-FINAL ACTION WRITTEN |
| Thursday, April 25, 2024 | NON-FINAL ACTION E-MAILED |
| Wednesday, July 24, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, July 24, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, July 24, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, September 3, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, September 3, 2024 | NON-FINAL ACTION E-MAILED |
| Tuesday, September 3, 2024 | NON-FINAL ACTION WRITTEN |
| Monday, October 28, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, October 28, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, October 28, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, February 6, 2025 | FINAL REFUSAL WRITTEN |
| Thursday, February 6, 2025 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, February 6, 2025 | FINAL REFUSAL E-MAILED |