Word

DIESEL FITNESS EQUIPMENT

Status

Dead

Status Code

602

Status Date

Monday, May 4, 2009

Serial Number

77156064

Mark Type

4000

Filing Date

Friday, April 13, 2007

Abandoned Date

Thursday, March 26, 2009

Trademark Owner History

Diesel Fitness Equipment

Classifications

28 Elliptical exercise machines; Exercise equipment for lateral movement in a skating motion; Exercise and gymnastic banners; Exercise balls; Exercise bars; Exercise benches; Exercise equipment namely, manually operated jogging machines; Exercise equipment namely,rowing machines; Exercise equipment, namely, stair-stepping machines; Exercise equipment, namely, stationary cycles; Exercise equipment, namely shoulder stretcher using resistance cables; Exercise equipment, namely, abdominal boards; Exercise equipment, namely, chest expanders; Exercise equipment, namely, chest pulls; Exercise equipment, namely, rotary abdominal boards; Exercise equipment, namely shoulder stretcher using a cable; Exercise equipment, namely virtual reality training cycles; Exercise machines; Exercise machines incorporating electronic and video game controllers,; Exercise platforms; Exercise tables; Exercise treadmills; Bar-bells; Dumb-bells; Exercise weights; Manually-operated exercise equipment; Personal exercise mats; Stationary exercise bicycles; Stationary exercise bicycles and rollers therefor; Portable support structures for dance and other exercises

The applicant has contacted Diamond Baseball Company, Inc. who filed intent to use application number 77801409 for the mark DIESEL on January 27, 2007 in an attempt to negotiate a concurrent use agreement. This pending application was cited by the examiner against the application. Diamond Baseball Company, Inc. has expressed a strong desire to enter into a concurrent use agreement and the parties are actively engaged in negotiating a concurrent use agreement. The concurrent use agreement will be worldwide and includes all goods and services specified in each of the parties applications. The applicant has also contacted Diesel Fitness, Inc., owner of registration numbers 3198227 and 3223138 in an attempt to negotiate a concurrent use agreement. To date, Diesel Fitness, Inc., has not responded to any inquiries. The applicant is unsure as to whether this company is still active and whether the mark is still in use. Therefore, the applicant intends on filing for cancellation of these marks if it does not receive a response from Diesel Fitness, Inc since the applicants use in commerce predates that of Diesel Fitness, Inc.
FITNESS EQUIPMENT
"The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual."

Trademark Events

May 4, 2009

Abandonment Notice Mailed - Failure To Respond

May 4, 2009

Abandonment - Failure To Respond Or Late Response

Sep 25, 2008

Notification Of Non-Final Action E-Mailed

Sep 25, 2008

Non-Final Action E-Mailed

Sep 25, 2008

Non-Final Action Written

Aug 22, 2008

Lie Checked Susp - To Atty For Action

Aug 22, 2008

Assigned To Lie

Feb 22, 2008

Notification Of Letter Of Suspension E-Mailed

Feb 22, 2008

Letter Of Suspension E-Mailed

Feb 22, 2008

Suspension Letter Written

Feb 5, 2008

Teas/Email Correspondence Entered

Feb 5, 2008

Correspondence Received In Law Office

Feb 5, 2008

Teas Response To Office Action Received

Jan 24, 2008

Attorney Revoked And/Or Appointed

Jan 24, 2008

Teas Revoke/Appoint Attorney Received

Aug 6, 2007

Notification Of Non-Final Action E-Mailed

Aug 6, 2007

Non-Final Action E-Mailed

Aug 6, 2007

Non-Final Action Written

Jul 28, 2007

Assigned To Examiner

Apr 18, 2007

New Application Entered In Tram