ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1342964
`02/28/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer information
`
`Name
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`IFIT INC.
`
`02/28/2024
`
`1500 SOUTH 1000 WEST
`LOGAN, UT 84321
`UNITED STATES
`
`MATTHEW A. BARLOW
`WORKMAN NYDEGGER
`60 E. SOUTH TEMPLE, SUITE 1000
`SALT LAKE CITY, UT 84111
`UNITED STATES
`Primary email: mbarlow@wnlaw.com
`Secondary email(s): bfrandsen@wnlaw.com, pwarner@wnlaw.com,
`jhunter@wnlaw.com, ldocketing@wnlaw.com, slueckler@wnlaw.com
`801-533-9800
`
`Docket no.
`
`21253.496
`
`Applicant information
`
`Application no.
`
`97731121
`
`02/28/2024
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`10/31/2023
`
`Opposition period
`ends
`
`02/28/2024
`
`Wierzgacz, Sebastian
`POLAND, KACZOROWY 68, 38-200 JASLO
`JASLO, 38-200
`POLAND
`
`Goods/services affected by opposition
`
`Class 028. First Use: May 1, 2021 First Use In Commerce: May 1, 2021
`All goods and services in the class are opposed, namely: Exercise equipment for lateral movement in
`a skating motion; Exercise equipment in the nature of agility ladders; Exercise equipment in the
`nature of speed ladders; Exercise equipment, namely, rowing machines; Exercise equipment,
`namely, abdominal boards; Exercise equipment, namely, chest expanders; Exercise equipment,
`namely, chest pulls; Exercise equipment, namely, inflatable balls; Exercise equipment, namely,
`manually operated jogging machines; Exercise equipment, namely, neck and shoulder supported
`weights for twisting and lifting exercises; Exercise equipment, namely, plyometric boxes; Exercise
`equipment, namely, rotary abdominal boards; Exercise equipment, namely, shoulder stretcher using
`a cable; Exercise equipment, namely, shoulder stretcher using resistance cables; Exercise equip-
`ment, namely, stair-stepping machines; Exercise equipment, namely, stationary cycles; Exercise
`equipment, namely, straps that are affixed to doors for performance of various exercises using body
`weight resistance; Exercise equipment, namely, virtual reality training cycles; Exercising equipment,
`namely, manually operated jogging machines; Exercising equipment, namely, powered treadmills for
`
`

`

`running; Exercising equipment, namely, pulleys; Exercising equipment, namely, rowing machines;
`Exercising equipment, namely, weight lifting machines; Physical fitness equipment, namely, portable
`pilates kits consisting of exercise bars, resistance bands, hand and foot straps, and a carrying bag;
`Resistance bands for fitness purposes; Accessory attachments for manually-operated exercise
`equipment being resistance bands for increasing muscle resistance; Manually-operated exercise
`equipment; Manually-operated exercise equipment for physical fitness purposes
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`2466474
`
`Register
`
`Principal
`
`Registration date
`
`07/03/2001
`
`Application date
`
`07/21/1999
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`IFIT.COM
`
`NONE
`
`Class 042. First use: First Use: Feb 1999 First Use In Commerce: Feb 1999
`providing information and consultation services in the field of exercise equip-
`ment and personal health, fitness and nutrition by means of a global computer
`network
`
`U.S. registration
`no.
`
`2618509
`
`Register
`
`Principal
`
`Registration date
`
`09/10/2002
`
`Application date
`
`02/11/1999
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`IFIT
`
`NONE
`
`Class 028. First use: First Use: Feb 1999 First Use In Commerce: Feb 1999
`fitness and exercise machines
`Class 041. First use: First Use: Feb 1999 First Use In Commerce: Feb 1999
`educational services, namely, conducting personal training in the field of health
`and fitness
`
`U.S. registration
`no.
`
`3755592
`
`Register
`
`Principal
`
`Registration date
`
`03/02/2010
`
`Application date
`
`08/22/2008
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`I-FIT
`
`The mark consists of "i-FIT" in stylized form.
`
`Goods/services
`
`Class 025. First use: First Use: May 31, 2008 First Use In Commerce: Mar 2009
`
`

`

`Foundation garments; women's undergarments; lingerie; women's intimate ap-
`parel, namely, brassieres [, panties, underwear, briefs, camisoles, shapewear,
`namely, control briefs, boy shorts, thigh slimmers, pant liners, body briefers,
`waistnippers, slips, unitards, bodysuits and body shapers ]
`
`U.S. registration
`no.
`
`4450213
`
`Register
`
`Principal
`
`Registration date
`
`12/17/2013
`
`Application date
`
`12/27/2012
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`IFIT
`
`NONE
`
`Class 041. First use: First Use: Oct 1, 2012 First Use In Commerce: Oct 1, 2012
`Personal fitness training services and consultancy; Physical fitness instruction;
`Physical fitness training services; Providing an on-line computer database fea-
`turing information regarding exercise and fitness; Providing information in the
`field of exercise training
`
`U.S. registration
`no.
`
`4500591
`
`Register
`
`Principal
`
`Registration date
`
`03/25/2014
`
`Application date
`
`02/21/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`IFIT
`
`NONE
`
`Class 042. First use: First Use: Jun 4, 2012 First Use In Commerce: Jun 4, 2012
`An application service provider (ASP) featuring software for use with mobile
`devices, tablet, and computers for tracking, storing, and displaying personal per-
`formance data for various fitness activities; ASP featuring application program-
`ming interface (API) software for connecting and interacting with software applic-
`ations on mobile devices, tablets, and computers to track, store, and display per-
`sonal performance data for various fitness activities
`
`U.S. registration
`no.
`
`4604633
`
`Register
`
`Principal
`
`Registration date
`
`09/16/2014
`
`Application date
`
`12/18/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`IFIT
`
`NONE
`
`Class 009. First use: First Use: Jun 6, 2010 First Use In Commerce: Jun 6, 2010
`Web-based, downloadable software for the collection, storage and display of
`personal performance data from various fitness activities, display of nutritional
`information and fitness and athletic programs and workouts, software for track-
`ing, monitoring and planning fitness training activities
`
`

`

`U.S. registration
`no.
`
`5530425
`
`Register
`
`Principal
`
`Registration date
`
`07/31/2018
`
`Application date
`
`02/05/2014
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`IFIT
`
`NONE
`
`Class 009. First use: First Use: May 30, 2014 First Use In Commerce: May 30,
`2014
`Pedometers; altimeters; scales; multifunctional electronic devices for displaying,
`measuring, and uploading to the Internet and computer networks information in-
`cluding time, date, heart rate, global positioning, direction, distance, altitude,
`speed, steps taken, calories burned, navigational information, weather informa-
`tion, temperature, wind speed, changes in heart rate, activity level, hours slept,
`and quality of sleep; computer software for wireless data communication for re-
`ceiving, processing, transmitting and displaying information relating to fitness,
`body fat, body mass index, and heart rate; Electronic monitoring devices incor-
`porating microprocessors, digital display, and accelerometers, for detecting,
`storing, reporting, monitoring, uploading and downloading sport, fitness training,
`and activity data to the Internet, and communication with personal computers,
`regarding time, steps taken, calories burned, distance; computer software and
`computer application software for mobile phones and personal digital devices
`that provides tips, coaching, and personalized workouts, to improve the user's
`fitness level
`
`Attachments
`
`Notice of Opposition - App Ser No 97731121 FITI DARE.pdf(123282 bytes )
`IFIT NOO Exhibits A-G.pdf(1420580 bytes )
`
`Signature
`
`/Matthew A. Barlow/
`
`Name
`
`Date
`
`MATTHEW A. BARLOW
`
`02/28/2024
`
`

`

`TRADEMARK OPPOSITION
`File No. 21253.496
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Trademark Application Serial. No. 97/731,121
`Published in the Official Gazette on October 31, 2023
`International Class: 028
`Filed: December 24, 2022
`Mark: FITI DARE
`
`
`
`iFIT INC.,
`
`
`Opposer,
`
`v.
`
`
`
`
`SEBASTIAN WIERZGACZ,
`
`
`Applicant.
`
`
`
`
`
`
`Opposition No. _________
`
`NOTICE OF OPPOSITION
`
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Opposer, iFIT INC. (“Opposer”), a Delaware corporation with its principal place of
`
`business at 1500 South 1000 West, Logan, Utah 84321, believes it will be damaged by registration
`
`of the mark shown in United States Trademark Application Serial No. 97/731,121 (“the ’121
`
`Application”), in International Class 028, and hereby opposes the same. The grounds for the
`
`opposition are as follows.
`
`1.
`
`Prior to the effective filing date of the subject application, Opposer and its
`
`predecessors have been engaged in the development, manufacture, and sale of a variety of goods
`
`and services, including various types of exercise and fitness related goods and services, all sold or
`
`offered in interstate commerce throughout the United States and the world, in association with the
`
`registered and common law trademarks of Opposer.
`
`2.
`
`Among those trademarks held by Opposer are the following trademark registrations
`
`for the mark IFIT:
`
`
`
`

`

`
`
`Reg./App. No.
`
`Mark
`
`Goods
`
`2,466,474
`
`IFIT.COM
`
`(filed July 21, 1999)
`
`IC 042 – Information and consultation services in
`the field of exercise equipment and personal
`health, fitness and nutrition by means of a global
`computer network.
`
`2,618,509
`
`IFIT
`
`IC 028 – Fitness and exercise machines;
`
`(filed February 11, 1999)
`
`3,755,592
`
`(filed Aug. 22, 2008)
`
`4,450,213
`
`(filed December 27, 2012)
`
`
`
`
`
`iFIT
`
`4,500,591
`
`(filed February 21, 2013)
`
`4,604,633
`
`IFIT
`
`IFIT
`
`(filed December 18, 2013)
`
`5,530,425
`
`iFIT
`
`(filed February 5, 2014)
`
`IC 041 – educational services, namely personal
`training in health and fitness.
`
`IC 025 – Foundation garments; women's
`undergarments; lingerie; women's intimate
`apparel, namely, brassieres
`
`IC 041 – Personal fitness training and
`consultancy including an online computer
`database system.
`
`IC 042: ASP software storing and displaying
`personal performance data for fitness activities.
`
`IC 009 – web-based, downloadable software for
`the collection and storage of personal
`performance fitness data.
`
`IC 009 – Pedometers; altimeters; scales;
`multifunctional electronic devices for displaying,
`measuring, and uploading to the Internet and
`computer networks information including time,
`date, heart rate, global positioning, direction,
`distance, altitude, speed, steps taken, calories
`burned, navigational information, weather
`information, temperature, wind speed, changes in
`heart rate, activity level, hours slept, and quality
`of sleep; computer software for wireless data
`communication for receiving, processing,
`transmitting and displaying information relating
`to fitness, body fat, body mass index, and heart
`rate; Electronic monitoring devices incorporating
`microprocessors, digital display, and
`accelerometers, for detecting, storing, reporting,
`monitoring, uploading and downloading sport,
`fitness training, and activity data to the Internet,
`and communication with personal computers,
`regarding time, steps taken, calories burned,
`
`2
`
`

`

`
`
`distance; computer software and computer
`application software for mobile phones and
`personal digital devices that provides tips,
`coaching, and personalized workouts, to improve
`the user's fitness level
`
`
`(collectively, the “IFIT Registrations”). Printouts from the TESS Database of the IFIT
`
`Registrations are attached hereto as Exhibits A–G, respectively.
`
`3.
`
`The IFIT Registrations are valid and subsisting, uncancelled, and unrevoked.
`
`Further, U.S. Registration Nos. 2,466,474, 2,618,509, 3,755,592, 4,450,213, 4,500,591, and
`
`4,604,633 are incontestable.
`
`4.
`
`Opposer also owns common law rights in and to the mark IFIT in connection with
`
`a variety of exercise and fitness products and services. The foregoing registrations and common
`
`law marks are collectively referred to herein as the “IFIT Mark.”
`
`5.
`
`Since the date of issuance of the above registrations, the IFIT Mark has been
`
`continuously used in interstate commerce. Since the issuance of Reg. No. 4,450,213, notice has
`
`been given to the public that the IFIT Mark is a registered trademark by affixing notice provided
`
`in 15 U.S.C. § 1111.
`
`6.
`
`Opposer has expended considerable time, effort, and expense in advertising and
`
`promoting the IFIT Mark and the goods and services associated with it throughout the United
`
`States, with the result that the purchasing public has come to know and recognize products and
`
`services of Opposer by the IFIT Mark. Opposer has exceedingly valuable goodwill established in
`
`the IFIT Mark.
`
`7.
`
`The IFIT Mark is distinctive and serves as a unique designation of origin with
`
`respect to the goods and services offered by Opposer.
`
`3
`
`

`

`
`
`8.
`
`Notwithstanding the inherent distinctiveness of the IFIT Mark, this mark has also
`
`acquired secondary meaning to the public indicating Opposer as the source of goods and services
`
`bearing the IFIT Mark.
`
`9.
`
`Upon information and belief, Applicant Sebastian Wierzgacz, is an individual with
`
`a listed address of Poland, Kaczorowy 68, 38-200 Jaslo, Jaslo Poland 38-200. Sebastian Wierzgacz
`
`will be referred to herein as “Applicant.”
`
`10.
`
`Applicant seeks to register the mark FITI DARE (“Applicant’s Mark”) as a
`
`trademark to be used in International Class 028. Applicant’s goods and services are listed as
`
`follows:
`
`Exercise equipment for lateral movement in a skating motion; Exercise equipment in the
`nature of agility ladders; Exercise equipment in the nature of speed ladders; Exercise
`equipment namely, rowing machines; Exercise equipment, namely, abdominal boards;
`Exercise equipment, namely, chest expanders; Exercise equipment, namely, chest pulls;
`Exercise equipment, namely, inflatable balls; Exercise equipment, namely, manually
`operated jogging machines; Exercise equipment, namely, neck and shoulder supported
`weights for twisting and lifting exercises; Exercise equipment, namely, plyometric boxes;
`Exercise equipment, namely, rotary abdominal boards; Exercise equipment, namely,
`shoulder stretcher using a cable; Exercise equipment, namely, shoulder stretcher using
`resistance cables; Exercise equipment, namely, stair-stepping machines; Exercise
`equipment, namely, stationary cycles; Exercise equipment, namely, straps that are affixed
`to doors for performance of various exercises using body weight resistance; Exercise
`equipment, namely, virtual reality training cycles; Exercising equipment, namely,
`manually operated jogging machines; Exercising equipment, namely, powered treadmills
`for running; Exercising equipment, namely, pulleys; Exercising equipment, namely,
`rowing machines; Exercising equipment, namely, weight lifting machines; Physical fitness
`equipment, namely, portable pilates kits consisting of exercise bars, resistance bands, hand
`and foot straps, and a carrying bag; Resistance bands for fitness purposes; Accessory
`attachments for manually-operated exercise equipment being resistance bands for
`increasing muscle resistance; Manually-operated exercise equipment; Manually-operated
`exercise equipment for physical fitness purposes in International Class 028.
`
`11.
`
`Applicant filed its application for registration of Applicant’s Marks under Section
`
`1(a) of the Trademark Act on December 24, 2022 with a date of first use as May 1, 2021 and
`
`received Application Serial Number 97/731,121.
`
`4
`
`

`

`
`
`12.
`
`There is no issue as to priority. Opposer used, filed, and/or registered the IFIT Mark
`
`in connection with its goods and services long prior to Applicant’s December 24, 2022 filing date,
`
`or any other date to which Applicant may claim priority.
`
`13.
`
`Applicant’s Mark identified in its application is confusingly similar to the IFIT
`
`Mark owned by Opposer, including but not limited to in appearance, spelling and sound, as well
`
`as connotation and commercial impression, as Applicant’s Mark and Opposer’s Mark both
`
`prominently feature the term “FIT.” Moving the letter “i” from the front of the term “fit” to the
`
`end of the term “fit” and adding the word “DARE” does not distinguish the marks, as consumers
`
`are likely to believe they refer to a subset of IFIT-branded goods and services.
`
`14.
`
`Applicant’s listed goods and services are closely related to the goods and services
`
`already advertised, offered, and/or sold by Opposer in connection with the IFIT Mark, as both
`
`marks encompass goods and services related to exercise equipment and physical fitness.
`
`15.
`
`For example, Applicant’s use or intend to use its marks in connection with “exercise
`
`equipment, rowing machines, jogging machines, resistance equipment, stationary bicycles.”
`
`Similarly, Opposer has long used and registered its IFIT Mark in connection with “exercise
`
`equipment, namely, rowing machines, jogging machines, resistance equipment, stationary
`
`bicycles” among others.
`
`16.
`
`The aforementioned similarities between Applicant’s Mark and the IFIT Mark and
`
`their association with related goods and services will create a confusingly similar commercial
`
`impression to consumers.
`
`17.
`
`Applicant’s Mark so resembles the IFIT Mark and the goods and services identified
`
`are so closely related to the goods and services of Opposer as to be likely, when used in connection
`
`5
`
`

`

`
`
`with Applicant’s goods and services, to cause confusion, or to cause mistake, or to deceive in
`
`violation of Section 2(d) of the Lanham Act, 15 USC § 1052(d).
`
`18.
`
`Because the purchasing public has come to recognize and associate the products of
`
`the IFIT Mark with Opposer, Applicant’s Mark would be recognized as uniquely and unmistakably
`
`identifying or suggesting a connection to Opposer, where in fact, no such connection exists.
`
`19.
`
`Applicant’s use or intended use of the marks identified in its application and in the
`
`manner described therein creates a likelihood of confusion with the IFIT Mark. A likelihood of
`
`confusion in the marketplace exists or will exist between the IFIT Mark and Applicant’s Mark
`
`when applied to the goods and services of the respective parties.
`
`20.
`
`If Applicant is permitted to register its marks for its goods and services as specified
`
`in the application herein opposed, such registration would result in confusion in the trade by reason
`
`of the similarity between Applicant’s Mark and the IFIT Mark, thereby damaging and injuring
`
`Opposer. Any such confusion may result in the loss of business to Opposer. Furthermore, any
`
`defect, objection, or fault in the goods to be sold by Applicant under its mark may reflect upon and
`
`injure the reputation Opposer has established for its own various goods and services offered or
`
`sold under or in association with the IFIT Mark.
`
`21.
`
`If Applicant is granted registration for the application herein opposed, it would
`
`thereby obtain at least prima facie rights to the use of its mark. Such registration would be a further
`
`source of damage to Opposer.
`
`22.
`
`In view of the foregoing, Applicant is not entitled to federal registration of their
`
`claimed mark because Applicant’s Mark, as used or intended to be used upon their identified goods
`
`and services, are not entitled to protection. Furthermore, Applicant does not have a right to the
`
`exclusive use of said mark in commerce on Applicant’s goods and services. Applicant’s claimed
`
`6
`
`

`

`
`
`mark does not and cannot function to identify such goods and services and to distinguish them
`
`from goods and services offered by Opposer.
`
`WHEREFORE Opposer requests that the registration sought by Applicant be refused and
`
`that this Opposition be sustained.
`
`The fee required under 37 C.F.R. § 2.6(17) is submitted herewith.
`
`DATED this 28th day of February, 2024.
`
`
`
`
`
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`Respectfully submitted,
`
`
`
`/Matthew A. Barlow/
`Matthew A. Barlow
`Brittany Frandsen
`WORKMAN NYDEGGER
`60 East South Temple, Suite 1000
`Salt Lake City, Utah 84111
`Telephone: (801) 533-9800
`Facsimile: (801) 328-1707
`
`Attorney for Opposer iFIT INC.
`
`
`
`7
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`

`

`2/28/24, 12:19 PM
`
`Trademark Status & Document Retrieval
`
`For assistance with TSDR, email teas@uspto.gov and include your serial number, the document you are looking for,
`and a screenshot of any error messages you have received.
`
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`STATUS
`
`DOCUMENTS
`
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`
`Print
`
`Generated on: This page was generated by TSDR on 2024-02-28 14:19:25 EST
`
`Mark:
`
`IFIT.COM
`
`US Serial Number: 75757235
`
`US Registration Number: 2466474
`
`Register: Principal
`
`Mark Type: Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing Date: Jul. 21, 1999
`
`Registration Date: Jul. 03, 2001
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Offic
`
`Status: The registration has been renewed.
`
`Status Date: Sep. 05, 2020
`
`Publication Date: Mar. 28, 2000
`
`Mark Information
`
`Mark Literal Elements:
`
`IFIT.COM
`
`Notice of Allowance Date: Jun. 20, 2000
`
`
`
`Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`Mark Drawing Type: 1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`For: providing information and consultation services in the field of exercise equipment and personal health, fitnes
`a global computer network
`
`International Class(es): 042 - Primary Class
`
`U.S Class(es): 100, 101
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`https://tsdr.uspto.gov/#caseNumber=75757235&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
`
`1/5
`
`

`

`2/28/24, 12:19 PM
`
`Trademark Status & Document Retrieval
`
`First Use: Feb. 1999
`
`Use in Commerce: Feb. 1999
`
`Basis Information (Case Level)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Current Owner(s) Information
`
`Owner Name:
`
`IFIT INC.
`
`Owner Address: 1500 SOUTH 1000 WEST
`LOGAN, UTAH UNITED STATES 84321
`
`Legal Entity Type: CORPORATION
`
`Attorney/Correspondence Information
`
`Attorney of Record
`Attorney Name: Matthew A. Barlow
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`State or Country Where
`Organized:
`
`DELAWARE
`
`Docket Number: 21253.562
`
`Attorney Primary Email
`Address:
`
`Correspondent
`Correspondent
`Name/Address:
`
`docketing@wnlaw.com
`
`Attorney Email Authorized: Yes
`
`Matthew A. Barlow
`Workman Nydegger
`60 East South Temple
`Suite 1000
`Salt Lake City, UTAH UNITED STATES 84111
`
`Phone: 801-533-9800
`
`Correspondent e-mail: docketing@wnlaw.com mbarlow@wnlaw.com
`teller@wnlaw.com richard.chang@ifit.com
`ip@ifit.com
`
`Fax: 801-328-1707
`
`Correspondent e-mail
`Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`
`Prosecution History
`
`Date
`Apr. 05, 2023
`
`Apr. 05, 2023
`
`Apr. 05, 2023
`
`Description
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP
`RECEIVED
`
`Proceeding Number
`
`https://tsdr.uspto.gov/#caseNumber=75757235&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
`
`2/5
`
`

`

`2/28/24, 12:19 PM
`Aug. 24, 2022
`
`Jun. 23, 2022
`
`Mar. 23, 2022
`
`Feb. 16, 2022
`
`Jun. 30, 2021
`
`May 26, 2021
`
`Apr. 19, 2021
`
`Sep. 05, 2020
`
`Sep. 05, 2020
`
`Sep. 05, 2020
`
`Sep. 02, 2020
`
`Jul. 28, 2020
`
`Jul. 03, 2020
`
`May 20, 2020
`
`May 20, 2020
`
`Mar. 25, 2020
`
`Feb. 12, 2020
`
`Apr. 04, 2018
`
`Feb. 21, 2018
`
`Jan. 26, 2018
`
`Jan. 26, 2018
`
`Aug. 17, 2016
`
`Aug. 10, 2016
`
`Jan. 22, 2014
`
`Aug. 07, 2013
`
`Aug. 05, 2013
`
`Jul. 30, 2013
`
`Jun. 26, 2013
`
`Jun. 26, 2013
`
`Mar. 11, 2013
`
`Jan. 17, 2013
`
`Jan. 10, 2013
`
`Trademark Status & Document Retrieval
`ASSIGNMENT OF OWNERSHIP NOT UPDATED
`AUTOMATICALLY
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED
`AUTOMATICALLY
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED
`AUTOMATICALLY
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED
`AUTOMATICALLY
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`REGISTERED AND RENEWED (SECOND RENEWAL - 10
`YRS)
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9
`GRANTED
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`TEAS SECTION 8 & 9 RECEIVED
`
`COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED
`AUTOMATICALLY
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`COUNTERCLAIM OPP. NO. 999999
`
`238757
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`TEAS SECTION 7 REQUEST RECEIVED
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED
`AUTOMATICALLY
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED
`AUTOMATICALLY
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP
`RECEIVED
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`https://tsdr.uspto.gov/#caseNumber=75757235&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
`
`3/5
`
`

`

`2/28/24, 12:19 PM
`Oct. 23, 2012
`
`Jun. 07, 2012
`
`Sep. 23, 2011
`
`Sep. 23, 2011
`
`Sep. 22, 2011
`
`Sep. 22, 2011
`
`Sep. 22, 2011
`
`Jul. 14, 2011
`
`Jul. 13, 2011
`
`Mar. 16, 2011
`
`Dec. 03, 2010
`
`Dec. 01, 2010
`
`Sep. 15, 2010
`
`Mar. 26, 2008
`
`Feb. 03, 2008
`
`Aug. 04, 2007
`
`Jul. 19, 2007
`
`Jun. 25, 2007
`
`Jun. 25, 2007
`
`Oct. 11, 2006
`
`Apr. 05, 2006
`
`May 23, 2005
`
`May 23, 2005
`
`Jul. 03, 2001
`
`Feb. 26, 2001
`
`Feb. 12, 2001
`
`Feb. 07, 2001
`
`Dec. 20, 2000
`
`Jun. 20, 2000
`
`Mar. 28, 2000
`
`Feb. 25, 2000
`
`Dec. 29, 1999
`
`Dec. 20, 1999
`
`Trademark Status & Document Retrieval
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9
`GRANTED
`
`TEAS SECTION 8 & 9 RECEIVED
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP
`RECEIVED
`
`NOTICE OF SUIT
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`NOTICE OF SUIT
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED
`AUTOMATICALLY
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED
`AUTOMATICALLY
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED
`AUTOMATICALLY
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED
`AUTOMATICALLY
`
`NOTICE OF SUIT
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`ASSIGNED TO PARALEGAL
`
`REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED
`
`TEAS SECTION 8 & 15 RECEIVED
`
`CASE FILE IN TICRS
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED
`AUTOMATICALLY
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP
`RECEIVED
`
`REGISTERED-PRINCIPAL REGISTER
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`ASSIGNED TO EXAMINER
`
`STATEMENT OF USE PROCESSING COMPLETE
`
`USE AMENDMENT FILED
`
`NOA MAILED - SOU REQUIRED FROM APPLICANT
`
`PUBLISHED FOR OPPOSITION
`
`NOTICE OF PUBLICATION
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`ASSIGNED TO EXAMINER
`
`https://tsdr.uspto.gov/#caseNumber=75757235&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
`
`4/5
`
`

`

`2/28/24, 12:19 PM
`TM Staff and Location Information
`
`TM Staff Information - None
`File Location
`Current Location: GENERIC WEB UPDATE
`
`Trademark Status & Document Retrieval
`
`Date in Location: Sep. 05, 2020
`
`Assignment Abstract Of Title Information - Click to Load
`
`Proceedings - Click to Load
`
`https://tsdr.uspto.gov/#caseNumber=75757235&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
`
`5/5
`
`

`

`EXHIBIT B
`EXHIBIT B
`
`

`

`2/28/24, 12:22 PM
`
`Status Search SN 75638662
`
`For assistance with TSDR, email teas@uspto.gov and include your serial number, the document you are looking for,
`and a screenshot of any error messages you have received.
`
`Notice: some customers may see an incorrect country or state listed in the "Current Owner(s) Information" section of the
`TSDR status tab. This is only a display issue, and the underlying data has not been changed. We are working to resolve
`this issue so the correct information will be displayed in the status tab.
`
`STATUS
`
`DOCUMENTS
`
`MAINTENANCE
`
`Back to Search
`
`Print
`
`Generated on: This page was generated by TSDR on 2024-02-28 14:22:07 EST
`
`Mark:
`
`IFIT
`
`US Serial Number: 75638662
`
`US Registration Number: 2618509
`
`Register: Principal
`
`Mark Type: Trademark, Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Status: The registration has been renewed.
`
`Status Date: Jul. 29, 2022
`
`Publication Date: Jan. 11, 2000
`
`Mark Information
`
`Mark Literal Elements:
`
`IFIT
`
`Application Filing Date: Feb. 11, 1999
`
`Registration Date: Sep. 10, 2002
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Offic
`
`Notice of Allowance Date: Apr. 04, 2000
`
`
`
`Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`Mark Drawing Type: 4 - STANDARD CHARACTER MARK
`
`Related Properties Information
`
`International Registration
`Number:
`
`1308187
`
`International Application(s)
`/Registration(s) Based on
`this Property:
`
`A0051893, A0057023/1308187
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`
`https://tsdr.uspto.gov/#caseNumber=75638662&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
`
`1/5
`
`

`

`Status Search SN 75638662
`2/28/24, 12:22 PM
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`For:
`fitness and exercise machines
`
`International Class(es): 028 - Primary Class
`
`U.S Class(es): 022, 023, 038, 050
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Feb. 1999
`
`Use in Commerce: Feb. 1999
`
`For: educational services, namely, conducting personal training in the field of health and fitness
`
`International Class(es): 041 - Primary Class
`
`U.S Class(es): 100, 101, 107
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Feb. 1999
`
`Basis Information (Case Level)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Current Owner(s) Information
`
`Owner Name:
`
`IFIT INC.
`
`DBA, AKA, Formerly: Formerly ICON Health & Fitness, Inc.
`
`Owner Address: 1500 SOUTH 1000 WEST
`LOGAN, UTAH UNITED STATES 84321
`
`Legal Entity Type: CORPORATION
`
`Attorney/Correspondence Information
`
`Attorney of Record
`Attorney Name: Matthew A. Barlow
`
`Use in Commerce: Feb. 1999
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`State or Country Where
`Organized:
`
`DELAWARE
`
`Docket Number: 21253.513
`
`Attorney Primary Email
`Address:
`
`Correspondent
`Correspondent
`Name/Address:
`
`docketing@wnlaw.com
`
`Attorney Email Authorized: Yes
`
`Matthew A. Barlow
`Workman Nydegger
`60 East South Temple
`Suite 1000
`
`https://tsdr.uspto.gov/#caseNumber=75638662&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
`
`2/5
`
`

`

`2/28/24, 12:22 PM
`
`Status Search SN 75638662
`Salt Lake City, UTAH UNITED STATES 84111
`
`Phone: 801-533-9800
`
`Correspondent e-mail: richard.chang@ifit.com ip@ifit.com
`docketing@wnlaw.com mbarlow@wnlaw.com
`teller@wnlaw.com
`
`Fax: 801-328-1707
`
`Correspondent e-mail
`Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`
`Prosecution History
`
`Date
`Apr. 05, 2023
`
`Apr. 05, 2023
`
`Apr. 05, 2023
`
`Aug. 24, 2022
`
`Jul. 29, 2022
`
`Jul. 29, 2022
`
`Jul. 29, 2022
`
`Jul. 29, 2022
`
`Jun. 23, 2022
`
`Mar. 23, 2022
`
`Feb. 16, 2022
`
`Feb. 14, 2022
`
`Sep. 10, 2021
`
`Jun. 30, 2021
`
`May 26, 2021
`
`Apr. 19, 2021
`
`Nov. 16, 2020
`
`May 20, 2020
`
`May 20, 2020
`
`Mar. 25, 2020
`
`Feb. 12, 2020
`
`May 15, 2019
`
`Apr. 04, 2018
`
`Feb. 21, 2018
`
`Proceeding Number
`
`Description
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`ATTORNEY/DOM.REP.REVOKED AND/OR AP

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