"Service Mark" question

[markfromslo]

I own a premium domain name and have for some time. Today I noticed a Service Mark application that was filed about 5 months ago regarding the name. If it were a "trademark", I'd understand the situation. But unsure if the "Service Mark", as they have applied, pertains only to the logo for the words or also the two words themselves. It is a business in the fitness area and they will be offering exercise classes, not products.

The following is from the TM application, according to Alter.com:

Trademark Overview​

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On Monday, August 1, 2022, a trademark application was filed for [redacted] with the United States Patent and Trademark Office. The USPTO has given the [redacted] trademark a serial number of [redacted]. The federal status of this trademark filing is NEW APPLICATION - RECORD INITIALIZED NOT ASSIGNED TO EXAMINER as of Wednesday, [redacted]. This trademark is owned by [redacted]. The [redacted] trademark is filed in the Education & Entertainment Services category with the following description:

Description:

Personal fitness training services; Personal fitness training services and consultancy; Personal trainer services; Physical fitness training of individuals and groups; Physical fitness training services; Physical fitness assessment services for sports training purposes; Providing personal fitness training for senior homes and retirement communities; Virtual physical fitness training services

General Information​

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Serial Number	[redacted]
Word Mark	[redacted]
Filing Date	[redacted]
Status	630 - NEW APPLICATION - RECORD INITIALIZED NOT ASSIGNED TO EXAMINER
Status Date	[redacted]
Registration Number	0000000
Registration Date	NOT AVAILABLE
Mark Drawing	3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s)
Published for Opposition Date	NOT AVAILABLE

Trademark Statements​

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Goods and Services	Personal fitness training services; Personal fitness training services and consultancy; Personal trainer services; Physical fitness training of individuals and groups; Physical fitness training services; Physical fitness assessment services for sports training purposes; Providing personal fitness training for senior homes and retirement communities; Virtual physical fitness training services
Description of Mark	The mark consists of [redacted] logo in blue with no background.
Pseudo Mark	[redacted]
Indication of Colors claimed	The color(s) blue, white is/are claimed as a feature of the mark.

Classification Information​

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International Class	041 - Education; providing of training; entertainment; sporting and cultural activities.
US Class Codes	100, 101, 107
Class Status Code	6 - Active
Class Status Date	[redacted]
Primary Code	041
First Use Anywhere Date	NOT AVAILABLE
First Use In Commerce Date	NOT AVAILABLE

Trademark Owner History​

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Party Name	[redacted]
Party Type	10 - Original Applicant
Legal Entity Type	16 - Limited Liability Company
Address	[redacted]

Trademark Events​

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Event Date	Event Description
Tuesday, August 23, 2022	NOTICE OF DESIGN SEARCH CODE E-MAILED
Monday, August 22, 2022	NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
Thursday, August 4, 2022	NEW APPLICATION ENTERED IN TRAM

 

[jberryhill]

Designation as a service mark makes no difference.

The data in your OP uniquely identifies the application in question, so the redactions are pointless.

The stuff circled in red has meaning.

But, aside from this being an unexamined intent-to-use application, I'm surprised you haven't looked at the existing registration from 2016 consisting of the identical two-word combination plus a disclaimed descriptive word for "Physical fitness instruction; Physical fitness training of individuals and groups; Physical fitness training services."

The odds of this application being allowed over that prior registration are pretty slim, unless the applicant successfully argues that the ONLY registrable element is the graphic presentation itself, which will answer your question.

Third-party sites like Trademarkia or Alter are not good resources for US trademark data. The authoritative source is online and has features like searching by filing date and G&S description.

 

[markfromslo]

Designation as a service mark makes no difference.

The data in your OP uniquely identifies the application in question, so the redactions are pointless.

Show attachment 230611

The stuff circled in red has meaning.

But, aside from this being an unexamined intent-to-use application, I'm surprised you haven't looked at the existing registration from 2016 consisting of the identical two-word combination plus a disclaimed descriptive word for "Physical fitness instruction; Physical fitness training of individuals and groups; Physical fitness training services."

The odds of this application being allowed over that prior registration are pretty slim, unless the applicant successfully argues that the ONLY registrable element is the graphic presentation itself, which will answer your question.

Third-party sites like Trademarkia or Alter are not good resources for US trademark data. The authoritative source is online and has features like searching by filing date and G&S description.

Thanks very much. I hadn't seen the prior registration. And yes, I had better start using the trademark office site over Trademarkia.

I bought this name on 5/24/2016.

 

[markfromslo]

I found the the "existing registration from 2016 consisting of the identical two-word combination plus a disclaimed descriptive word for "Physical fitness instruction; Physical fitness training of individuals and groups; Physical fitness training services." I wouldn't think the third word they trademarked would have bearing on my two word root of that. But I'm no lawyer and you are, so something to think about in the future for all my names.

For example, if there is a name trademarked, "Green Health Nutrition" does that mean buying GreenHealth.com is potentially a problem?