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BODYOPTIMISE
Dead/Cancelled
CANCELLED - SECTION 8

section 8

on 04 Dec 2015

Last Applicant/ Owned by

Somercotes Alfreton

Derbyshire DE55 4RF

GB

Serial Number

76978927 filed on 26th Nov 2004

Registration Number

3610794 registered on 28th Apr 2009

in the Principal Register

Correspondent Address

Richard A. Sharpe

PEARNE & GORDON LLP

1801 East 9th Street, Suite 1200

CLEVELAND OH 44114-3108

Filing Basis

1. intent to use

2. use application currently

Disclaimer

NO DATA

BODYOPTIMISE

(Based on 44(e)) Food products consisting primarily of one or more of pasta, rice, cereal and bread; aromatic preparations of food, namely, processed herbs, spices, spicy seasoning pastes and sauces; bread; carbohydrate preparations of food, namely, potato flour, cereal flour, corn flour, rice flour; cereal based food bars; cereal based foodstuffs, namely, cereal bars, breakfast cereals; cereal baRead More

Classification Information


Class [005]
Pharmaceutical Products


(Based on 44(e)) Pharmaceutical preparations and substances, namely, appetite suppressants, metabolism inhibitors, metabolism enhancers, metabolic rate enhancers and fat absorbents for use in dieting, weight control, weight loss and exercise; pharmaceutical preparations and substances for use in the treatment of eating disorders; natural and homeopathic preparations and substances, namely, homeopathic medicines and supplements for use in dieting, weight control, weight loss and exercise; healthcare products, namely, dietary supplements and nutritional supplements for use in dieting, weight control, weight loss and exercise; healthcare products, namely, dietary supplements and nutritional supplements for the treatment of eating disorders; nutrients and nutritional preparations, substances and food additives, namely, food supplements, vitamins and minerals for medical and/or therapeutic use for use in dieting, weight control, weight loss and exercise and for the treatment of eating disorders; dietetic preparations and substances, namely, dietary food supplements, vitamin supplements for use in dieting, weight control, weight loss and exercise; dietetic preparations and substances for the treatment of eating disorders; food and drink supplements and additives, namely, meal replacement bars and snacks, meal replacement drinks, nutritional drink mix for meal replacement, nutritional food mix for meal replacement, protein supplements for use in dieting, weight control, weight loss and exercise and for the treatment of eating disorders; vitamins; minerals, namely, mineral salts and mineral preparations for medicinal purposes; vitamin and mineral supplements; medicated bathing products, namely, personal creams for bathing; dressings, namely, wound dressings, medical plasters, medicated dressings for the body, namely, wound dressings, bandages for medical use, namely, body injuries in the nature of skin and other wounds

Class [009]
Computer & Software Products & Electrical & Scientific Products


(Based on Use in Commerce) Electronic publications in the nature of newsletters in the field of health news and health information recorded on computer media


First Use Date in General

31st Oct 2005

First Use Date in Commerce

31st Oct 2005

Class [016]
Paper Goods and Printed Material


(Based on 44(e)) Printed matter, namely printed guides, diaries, leaflets, pamphlets, books, booklets, printed tables, printed schedules, printed cards all for the use in the areas of, or relating to, slimming, weight control, diet, dieting, exercise, fitness and health; directories, pamphlets and charts, all for use in the areas of, or relating to, slimming, weight control, diet, dieting, exercise, fitness and health; recipe books, recipe cards, recipe leaflets, recipe booklets; publications in the nature of books, magazines, diaries, brochures, leaflets, pamphlets, directories, guides and booklets in the areas of, or relating to, slimming, weight control, diet, dieting, exercise, fitness and health

Class [029]
Meats and Processed Food Products


(Based on 44(e)) Food products namely prepared and part-prepared food products comprising primarily of meat, fish, poultry, processed fruit and vegetables; prepared meals namely preserved, chilled and frozen meals consisting primarily of meat, fish, poultry, processed fruit and vegetables; snack food package combinations consisting primarily of meat, fish, poultry, processed fruit or vegetables; prepared and packaged foods namely chilled, frozen and preserved meals and foods consisting primarily of meat, fish, poultry, vegetables and processed fruit; meat, fish, poultry and game; meat extracts; products containing meat, namely, meat paste, prepared meals, sausages, canned cooked meat, cooked meat products, namely, tinned and bottled cooked meats; preserves, namely, fruit preserves, vegetable preserves, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and milk products, namely, milk powder, yogurt, butter, cheese, yogurt drinks; edible oils and fats; prepared and packaged meals, namely chilled and frozen packaged main meal mixes consisting primarily of potatoes; potato crisps; potato chips; sauces, namely fruit sauces in the nature of fruit toppings, cranberry sauce and apple sauce; potato-based products, namely, dehydrated potatoes

Class [030]
Staple Food Products


(Based on 44(e)) Food products consisting primarily of one or more of pasta, rice, cereal and bread; aromatic preparations of food, namely, processed herbs, spices, spicy seasoning pastes and sauces; bread; carbohydrate preparations of food, namely, potato flour, cereal flour, corn flour, rice flour; cereal based food bars; cereal based foodstuffs, namely, cereal bars, breakfast cereals; cereal based snack foods; pasta; farinaceous foods, namely, pastes for human consumption, potato-based products, namely, potato flour; flour; snack foods namely, cereal based snack bars; chocolate based snack bars, cocoa based snack bars, rice based snack bars; prepared and packaged meals namely chilled and frozen meals consisting primarily of one or more of pasta, rice, grain, processed oats and cereal; coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals, namely breakfast cereals, breads, biscuits and crackers; pastry products, namely, pastries, pies and pasties, confectionery namely chocolate, sweets, namely, gum sweets, hard boiled sweets, cakes and candies; ices, ice creams, honey, treacle, yeast, baking powder, salt, mustard, vinegar, sauces, namely, meat sauces, namely, basting sauces, barbeque sauces, marinades, vegetable sauces, namely, sauces made predominately of vegetables, salad dressings, spices; products containing meat, namely, meat pies, meat pasties, meat pastries, sausage rolls, pork pies; milk products, namely, ice milk, ice cream, puddings

Class [035]
Advertising, Business & Retail Services


(Based on Use in Commerce) BRINGING TOGETHER, FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS AND SERVICES, ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODS AND SERVICES FROM AN INTERNET SITE, AN INTRANET SITE OR ANY OTHER COMPUTER NETWORK; THE BRINGING TOGETHER, FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS AND SERVICES, ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODS AND SERVICES FROM A VIRTUAL RETAIL OR WHOLESALE STORE OR OUTLET; THE BRINGING TOGETHER FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS AND SERVICES, ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODS AND SERVICES IN A RETAIL OR WHOLESALE STORE OR OUTLET, DEPARTMENT STORE, THROUGH A TELEVISION SHOPPING CHANNEL, BY MAIL ORDER, BY MEANS OF TELECOMMUNICATIONS OR FROM A FACTORY-BASED RETAIL OR WHOLESALE OUTLET; THE BRINGING TOGETHER, FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS AND SERVICES RELATING TO SLIMMING, WEIGHT CONTROL, DIET, DIETING, HEALTH AND EXERCISE, ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODS AND SERVICES FROM AN INTERNET WEBSITE, AN INTRANET SITE OR ANY OTHER COMPUTER NETWORK, FROM A VIRTUAL RETAIL OR WHOLESALE STORE OR OUTLET, A RETAIL OR WHOLESALE STORE OR OUTLET, DEPARTMENT STORE, THROUGH A TELEVISION SHOPPING CHANNEL, BY MAIL ORDER, BY MEANS OF TELECOMMUNICATIONS OR FROM A FACTORY-BASED RETAIL OR WHOLESALE OUTLET


First Use Date in General

31st Oct 2005

First Use Date in Commerce

31st Oct 2005

Class [041]
Education and Entertainment Services


(Based on 44(e)) Services for the provision of exercise equipment, namely, rental of exercise, gymnastic and sporting equipment and training in the use of exercise, gymnastic and sporting equipment; health club services, namely, providing instruction and equipment in the field of physical exercise, weight training, aerobics, body conditioning, swimming and massage; fitness club services namely providing fitness, exercise, swimming and body conditioning facilities; health and fitness services namely physical fitness consultation, exercise consultation, body conditioning consultation, exercise services, namely, the provision of fitness and exercise tuition and facilities; providing education and advise relating to physical fitness and exercise, namely, providing training in the use of exercise equipment and physical fitness and body conditioning consultations; physical fitness centers, namely, providing fitness and exercise facilities; fitness and exercise instructions; fitness and exercise training services; exercise and fitness classes and educational services, namely, providing training and tuition in exercise and the use of exercise equipment; providing educational and training services, namely conducting seminars in the fields of fitness, exercise, health, slimming, weight control, diet, dieting and health; arranging and conducting educational seminars in the fields of fitness, exercise, health, slimming, weight control, diet, dieting and health; publication of books; advisory and counseling services relating to exercise

Class [044]
Medical, Beauty & Agricultural Services


(Based on 44(e)) Advisory and counseling services in the fields of nutritional consulting, healthcare, slimming, diet, dieting, weight control; operation of sauna facilities

Mark Details


Serial Number

No 76978927

Mark Type

No Service Mark

Attorney Docket Number

No MBES.37111

44D Filed

No

44D Current

No

44E filed

No

44E Current

No

66A Filed

No

66A Current

No

Current Basis

No

No Basis

No

Description of Design Search

The mark consists of the word "BODY" appearing in the color black in lower case letters and the word "OPTIMISE" appearing in the color red in upper case letters.

Legal History


Show more

Status DateAction Taken
04th Dec 2015CANCELLED SEC. 8 (6-YR)
28th Apr 2009REGISTERED-PRINCIPAL REGISTER
10th Feb 2009PUBLISHED FOR OPPOSITION
21st Jan 2009NOTICE OF PUBLICATION
06th Jan 2009NOTICE OF ALLOWANCE CANCELLED
16th Dec 2008NOTICE OF DIVIDED TRADEMARK APPLICATION MAILED
11th Dec 2008STATEMENT OF USE PROCESSING COMPLETE
11th Dec 2008EXTENSION 2 GRANTED
11th Dec 2008DIVISIONAL PROCESSING COMPLETE
24th Nov 20081(B) BASIS DELETED; NEW BASIS REQUESTED