What this record means
The record shows that the mark “XCELL” is dead and was abandoned by its owner, Darious King, an individual, after the applicant failed to respond to an Office action. The mark was filed on October 11, 2013 under the intent‑to‑use basis for class 009, covering batteries. Because the mark is no longer active, it does not give the owner control over the word “XCELL” in all contexts, but the abandoned filing still indicates that the owner once sought protection for that specific product. The prosecution history shows a typical sequence of a non‑final action, a pseudo‑mark notice, and eventual abandonment, with no indication that the mark was ever moved to the Supplemental Register. The latest status event is the abandonment notice mailed on August 26, 2014. No enforcement actions, oppositions, or cancellations appear in the supplied history. For someone considering a similar name, the closest concern would be using “XCELL” for batteries or related electrical apparatus, and the abandoned status suggests a lower risk but does not eliminate potential similarity issues.
Informational only - not legal advice.