Trade Mark 1660034 | IP Australia

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Number: 1660034

Words: ProBurn
Status: refused: Opposition successful
Priority date: 21 Nov 2014 (Filing)
Classes: 5, 18, 21, 25, 29, 30, 32
Kind: Word

ProBurn

Goods & Services

Class 5:: Dietetic substances including special dietary foods and beverages and meal replacement substances; sports nutrition products; medicated and pharmaceutical sweets; food and nutritional supplements being muscle-building food supplements; protein, vitamin and mineral supplements in powder or liquid form; dietetic preparations for muscle-building including special dietary foods and beverages; herbal supplements, preparations and extracts; herbal dietary supplements; protein, vitamin, herbal and mineral supplements in powder, liquid, tablet, capsule and gel capsule form; dietary protein supplements, preparations and extracts; carbohydrate based dietary supplements, preparations and extracts; enzyme dietary supplements; appetite suppressant pills; appetite suppressants for medical purposes; herbal-based appetite suppressants; agents for activating the metabolism; fibre supplements, preparations and extracts; non-carbohydrate dietary supplements, preparations and extracts; nutritional calcium supplements and carbohydrate supplements, preparations for use in weight loss and weight stabilisation as part of medical treatment; preparations for stimulating the metabolism; supplements, namely nutritional supplements including mineral, vitamin and dietary supplements for medical use; nutritional and health food supplements for persons with special dietary requirements; capsules of dietary, vitamin and mineral substances for medical use in weight control; foodstuffs for use in the dietary management of obesity and insulin resistance including special dietary foods, beverages and meal replacement substances; protein dietary supplements and protein enhanced foodstuffs; health and nutritional foods including appetite control snacks and beverages including food bars and shakes; stamina and energy food products and foodstuffs; protein granules and powders, energy bars; food supplements based on animal products

Class 18:: Bags, including all-purpose sports bags, tote bags, duffle bags, handbags, backpacks, waist packs, purses, wallets, umbrellas, luggage, key fobs, portfolios, cosmetic and toiletry bags

Class 21:: Household or kitchen utensils and containers including shakers; glassware, porcelain and earthenware not included in other classes; scales, measuring spoons

Class 25:: Clothing, footwear and headgear for men, women, children and babies; clothing for sports; compression garments for sporting applications; underwear including compression underwear; anatomically shaped clothing; close fitting support clothing; clothing for gym; exercise wear; outerwear; leisure clothing; jackets; jumpers; pullovers; sports jerseys; vests; shirts; T-shirts; pants; trousers; shorts; swimwear; thermal clothing; wetsuits; waterproof clothing; socks; stockings; tights; padded clothing; padded clothing for men, women, children and babies; parts, fittings and accessories for the aforesaid goods

Class 29:: food preparations with added vitamins for use by athletes; food preparations with added proteins for use by athletes; food preparations with added minerals for use by athletes; food protein for human consumption; vegetable proteins for human consumption; soya protein; whey protein; dried whey products; whey powder; protein powders; food preparations with added vitamins for use by athletes; protein-based snack products; wheat proteins for human consumption; milk beverages; soya milk beverages; protein shakes; milk protein; milk protein products; drinks made from dairy products; dried milk products; drinks made wholly or principally with milk; flavoured milk powder for making drinks; milk based drinks; milk drinks; vegetables, fruit, meat and seafood all these products also in the form of extracts, jellies, pastes, preserves; milk and other food preparations having a base of milk, milk substitutes; soya milk and soya based preparations; protein preparations for food; protein preparations and amino acid preparations in liquid, solid or powdered form for human consumption; food preparations based on protein; protein preparations in the form of food bars for human consumption including protein based food bars with added nutritional supplements; whey protein for human consumption and whey protein concentrates for human consumption, whey powder and whey for food; preparations based on vegetables, fruits, meat and seafood and milk products in liquid, solid or powder form for human consumption; dietary nutritional supplements not for medical purpose, based on vegetables and milk; milk powder for nutritional purposes; meal replacements including in powdered form for consumption mixed in liquid based on vegetables, fruit, meat and seafood

Class 30:: Beverages and foodstuffs containing caffeine; preparations having a base of cocoa or chocolate, chocolate products, confectionery, sweets; sugar; natural sweeteners; yeast, biscuits, cakes, desserts; breakfast cereals; cereal bars; royal jelly for human consumption; carbohydrate preparations for food; carbohydrate preparations in liquid, solid or powdered form for human consumption; glucose and maltodextrin products and preparations containing glucose and maltodextrin; meal replacements including in powdered form for consumption mixed in liquid based on coffee, tea, cocoa, rice, tapioca, sago; food bars based on cereals and confectionery including cereal based food bars with added dietary supplements; food preparations and meal replacements to encourage muscle growth, being crisp snack food products made from cereal; food preparations and meal replacements to encourage muscle growth, being food products containing cereals and flour; food preparations and meal replacements to encourage muscle growth, being extruded food products made of maize, rice or wheat; food preparations based on cereals, namely cereal energy bars

Class 32:: Natural spring water; natural and flavoured mineral waters; soft drinks and other non-alcoholic drinks, syrups, extracts and essences for making non-alcoholic beverages, fruit juices; whey beverages, isotonic beverages; energy drinks including those in the form of gel, non-alcoholic beverages and non-alcoholic beverages preparations for enhancing sporting performance, conditioning and recovery, for enhancing physical endurance; non-alcoholic beverages and non-alcoholic beverages; preparations in this class containing trace elements, minerals or vitamins, herbal extracts; non alcoholic beverages for health; non- alcoholic beverages and non-alcoholic beverages preparations to aid in the recovery of fatigued muscles, to assist in athletic endurance, to aid in muscle development during exercise; beverages containing caffeine, guarana, ginseng and other nutritional supplements; beverages preparations, proteins and protein beverages including beverage preparations and beverages based on protein and amino acids

Opposition details

Commenced on: 29 Aug 2016
Type: Opposition to registration
Final outcome: Finalised
Opponent: Energy Beverages LLC; Open details

History and Publications

Date	Description
09 Oct 2018	User Created Notice correspondence sent
09 Oct 2018	User Created Notice correspondence sent
09 Oct 2018	User Created Notice correspondence sent
17 Sep 2018	Opposition Correspondence
07 Sep 2018	User Created Notice correspondence sent
07 Sep 2018	User Created Notice correspondence sent
03 Aug 2018	User Created Notice correspondence sent
03 Aug 2018	User Created Notice correspondence sent
30 Jul 2018	Opposition Correspondence
25 Jul 2018	User Created Notice correspondence sent
25 Jul 2018	User Created Notice correspondence sent
16 Jul 2018	Opposition Correspondence
31 May 2018	IP Right Refusal Published
31 May 2018	Refused Acceptance after Opposition Published
29 May 2018	Refuse Application
29 May 2018	Status change to Rejected
29 May 2018	User Created Notice correspondence sent
29 May 2018	User Created Notice correspondence sent
09 Jan 2018	Opposition Correspondence
24 Oct 2017	User Created Notice correspondence sent
24 Oct 2017	User Created Notice correspondence sent
11 Oct 2017	User Created Notice correspondence sent
11 Oct 2017	User Created Notice correspondence sent
02 Oct 2017	Opposition Correspondence
24 May 2017	Hearing Fee
19 Jan 2017	Declaration
19 Jan 2017	Opposition Correspondence
15 Oct 2016	Notice of Intention to Defend
13 Oct 2016	Notice of Opposition Lodged Published
05 Oct 2016	Notice of Intention to Defend
27 Sep 2016	Statement of Grounds and Particulars
31 Aug 2016	Under Opposition
29 Aug 2016	Filing a Notice of Intention to Oppose
30 Jun 2016	IP Right Acceptance Published
23 Jun 2016	Application Accepted correspondence sent
23 Jun 2016	Clear Examination report approved
23 Jun 2016	Goods and Services Classes	More
	Event description Owner's requestsement Previous details Data as before the amendment: Amend No 20 Occurrence 1 30021 $ $ $ <BCLASS>05182125293032 $ New details
23 Jun 2016	Goods and Services description amendment	More
	Event description Owner's requestsement Previous details Data as before the amendment: Amend No 21 Occurrence 1 Beverages and foodstuffs containing caffeine; preparations having a base of cocoa or chocolate, chocolate products, confectionery, sweets; sugar; natural sweeteners; yeast, biscuits, cakes, desserts; breakfast cereals; cereal bars; royal jelly for human consumption; carbohydrate preparations for food; carbohydrate preparations in liquid, solid or powdered form for human consumption; glucose and maltodextrin products and preparations containing glucose and maltodextrin; meal replacements including in powdered form for consumption mixed in liquid based on coffee, tea, cocoa, rice, tapioca, sago; food bars based on cereals and confectionery including cereal based food bars with added dietary supplements; food preparations and meal replacements to encourage muscle growth; preparations based on cereals, namely cereal energy bars New details
23 Jun 2016	User Created Notice correspondence sent
22 Jun 2016	Exam Response
06 Jun 2016	Adverse Report correspondence sent
06 Jun 2016	Approve Further Adverse Report
06 Jun 2016	Goods and Services Classes	More
	Event description Owner's request Previous details Data as before the amendment: Amend No 10 Occurrence 1 05011180122101325014290153001632017 $ $ $ <BCLASS>05182125293032 $ New details
06 Jun 2016	Goods and Services description amendment	More
	Event description Owner's request Previous details Data as before the amendment: Amend No 15 Occurrence 1 food preparations with added vitamins for use by athletes; food preparations with added proteins for use by athletes; food preparations with added minerals for use by athletes; food protein for human consumption; vegetable proteins for human consumption; soya protein; whey protein; dried whey products; whey powder; protein powders; food preparations with added vitamins for use by athletes; protein-based snack products; wheat proteins for human consumption; milk beverages; soya milk beverages; protein shakes; milk protein; milk protein products; drinks made from dairy products; dried milk products; drinks made wholly or principally with milk; flavoured milk powder for making drinks; milk based drinks; milk drinks; vegetables, fruit, meat and seafood all these products also in the form of extracts, jellies, pastes, preserves; milk and other food preparations having a base of milk, milk substitutes; soya Occurrence 2 milk and soya based preparations; protein preparations for food; protein preparations and amino acid preparations in liquid, solid or powdered form for human consumption; food preparations based on protein; protein preparations in the form of food bars for human consumption including protein based food bars with added nutritional supplements; whey protein for human consumption and whey protein concentrates for human consumption, whey powder and whey for food; preparations based on vegetables, fruits, meat and seafood and milk products in liquid, solid or powder form for human consumption; dietary nutritional supplements not for medical purpose, based on vegetables and milk; milk powder for nutritional purposes; meal replacements including in powdered form for consumption mixed in liquid based on vegetables, fruit, meat and seafood; food supplements based on animal products New details
06 Jun 2016	Goods and Services description amendment	More
	Event description Owner's request Previous details Data as before the amendment: Amend No 17 Occurrence 1 Natural spring water; natural and flavoured mineral waters; soft drinks and other non-alcoholic drinks, syrups, extracts and essences for making non-alcoholic beverages, fruit juices; whey beverages, isotonic beverages; energy drinks including those in the form of gel, non-alcoholic beverages and non-alcoholic beverages preparations for enhancing sporting performance, conditioning and recovery, for enhancing physical endurance; non-alcoholic beverages and non-alcoholic beverages; preparations in this class containing trace elements, minerals or vitamins, herbal extracts; non alcoholic beverages for health; non-alcoholic beverages and non-alcoholic beverages preparations to aid in the recovery of fatigued muscles, to assist in athletic endurance, to aid in muscle development during exercise; beverages containing caffeine, guarana, ginseng and other nutritional supplements; beverages preparations, proteins Occurrence 2 and protein beverages including beverage preparations and beverages based on protein and amino acids New details
06 Jun 2016	Goods and Services description amendment	More
	Event description Owner's request Previous details Data as before the amendment: Amend No 14 Occurrence 1 Clothing, footwear and headgear for men, women, children and babies; clothing for sports; compression garments for sporting applications; underwear including compression underwear; anatomically shaped clothing; close fitting support clothing; clothing for gym; exercise wear; outerwear; leisure clothing; jackets; jumpers; pullovers; sports jerseys; vests; shirts; T-shirts; pants; trousers; shorts; swimwear; thermal clothing; wetsuits; waterproof clothing; socks; stockings; tights; padded clothing; padded clothing for men, women, children and babies; parts, fittings and accessories for the aforesaid goods New details
06 Jun 2016	Goods and Services description amendment	More
	Event description Owner's request Previous details Data as before the amendment: Amend No 16 Occurrence 1 Beverages and foodstuffs containing caffeine; preparations having a base of cocoa or chocolate, chocolate products, confectionery, sweets; sugar; natural sweeteners; yeast, biscuits, cakes, desserts; breakfast cereals; cereal bars; royal jelly for human consumption; carbohydrate preparations for food; carbohydrate preparations in liquid, solid or powdered form for human consumption; glucose and maltodextrin products and preparations containing glucose and maltodextrin; meal replacements including in powdered form for consumption mixed in liquid based on coffee, tea, cocoa, rice, tapioca, sago; food bars based on cereals and confectionery including cereal based food bars with added dietary supplements; food preparations and meal replacements to encourage muscle growth; preparations based on cereals, namely cereal energy bars New details
06 Jun 2016	Goods and Services description amendment	More
	Event description Owner's request Previous details Data as before the amendment: Amend No 11 Occurrence 1 Dietetic substances including special dietary foods and beverages and meal replacement substances; sports nutrition products; medicated and pharmaceutical sweets; food and nutritional supplements being muscle-building food supplements; protein, vitamin and mineral supplements in powder or liquid form; dietetic preparations for muscle-building including special dietary foods and beverages; herbal supplements, preparations and extracts; herbal dietary supplements; protein, vitamin, herbal and mineral supplements in powder, liquid, tablet, capsule and gel capsule form; dietary protein supplements, preparations and extracts; carbohydrate based dietary supplements, preparations and extracts; enzyme dietary supplements; appetite suppressant pills; appetite suppressants for medical purposes; herbal-based appetite suppressants; agents for activating the metabolism; fibre supplements, Occurrence 2 preparations and extracts; non-carbohydrate dietary supplements, preparations and extracts; nutritional calcium supplements and carbohydrate supplements, preparations for use in weight loss and weight stabilisation as part of medical treatment; preparations for stimulating the metabolism; supplements, namely nutritional supplements including mineral, vitamin and dietary supplements for medical use; nutritional and health food supplements for persons with special dietary requirements; capsules of dietary, vitamin and mineral substances for medical use in weight control; foodstuffs for use in the dietary management of obesity and insulin resistance including special dietary foods, beverages and meal replacement substances; protein dietary supplements and protein enhanced foodstuffs; health and nutritional foods including appetite control snacks and beverages including food bars Occurrence 3 and shakes; stamina and energy food products and foodstuffs; protein granules and powders, energy bars New details
06 Jun 2016	Goods and Services description amendment	More
	Event description Owner's request Previous details Data as before the amendment: Amend No 12 Occurrence 1 Bags, including all-purpose sports bags, tote bags, duffle bags, handbags, backpacks, waist packs, purses, wallets, umbrellas, luggage, key fobs, portfolios, cosmetic and toiletry bags New details
06 Jun 2016	Goods and Services description amendment	More
	Event description Owner's request Previous details Data as before the amendment: Amend No 13 Occurrence 1 Household or kitchen utensils and containers including shakers; glassware, porcelain and earthenware not included in other classes; scales, measuring spoons New details
06 Jun 2016	User Created Notice correspondence sent
04 Jun 2016	Application Status
02 Jun 2016	Extend Acceptance Date
01 Jun 2016	Exam Response
01 Jun 2016	Extension of time
05 Apr 2016	No Response to 1st Report Within 12 Months Reminder correspondence sent
04 Mar 2015	Adverse Report correspondence sent
04 Mar 2015	Application Status
04 Mar 2015	User Created Notice correspondence sent
04 Dec 2014	IP Right Filed Published
25 Nov 2014	Application Status
25 Nov 2014	Application Status
24 Nov 2014	Status change to Filed
21 Nov 2014	Filing an Electronic Application for a TM 7 Class

Dates

Acceptance advertised / published: 30 Jun 2016
Acceptance: 23 Jun 2016
Filing: 21 Nov 2014

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