79389960

Information

• Trademark
• 79389960

• Source

• Serial Number

  79389960

• International Classifications

  • 9 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
  • 10 - Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth
  • 41 - Education
  • 42 - Scientific and technological services and research and design relating thereto
  • 44 - Medical services

• Filing Date

  September 28, 2023
  a year ago

• Transaction Date

  February 04, 2025
  15 days ago

• Status Date

  February 04, 2025
  15 days ago

• Published for Opposition Date

  February 04, 2025
  15 days ago

• Location Date

  January 13, 2025
  a month ago

• Status Code

  686

• Current Location

  PUBLICATION AND ISSUE SECTION

  Employee Name

  MALYSZEK, KIMBERLY

• Attorney Docket Number

  08958550UST1

  Attorney Name

  Cathleen E. Stadecker

  Law Office Assigned Location Code

  N40

• Owners

  • WITHINGS

Case File Statements

• GS0411: Physical education; Entertainment and sporting activities, namely, health clubs for physical exercise; Services relating to physical education, namely, providing training and classes in the field of physical education; Consultancy services related to fitness; Consulting services concerning physical exercises and fitness; Information services with respect to sports; Training services relating to physical fitness and well-being; Sports training; Physical fitness strength and endurance training; Entertainment information services related to sports competitions’ results; Provision of information relating to physical fitness exercises via an on-line web site; Coaching being training in the field of sports and physical fitness; Event management in the nature of organization of physical fitness community sporting events; Arrangement of live sports competition events; Educational services in the form physical fitness coaching; Publication of educational texts in the nature of online articles in the field of physical education and training for health and fitness; Education services with respect to nutrition, namely, providing online classes in the field of nutrition
• DM0000: The mark consists of a stylized heart, the left-hand side of which is orange changing to red, with a short red diagonal line slanting from the top center of the heart to the left. The right-hand side of the heart is blue.
• GS0091: Downloadable software applications for measuring, recording, displaying, storing, transmitting, sharing and tracking data relating to physical activity, sleep, body mass, weight, heart rate, blood pressure, calorie expenditure, distance traveled and temperature; Downloadable and recorded computer software applications for recording, organizing, transmitting, receiving and analyzing text, data, images and audio files relating to health and well-being; Downloadable computer software and computer software applications for portable apparatus, namely, wearable activity trackers, smartwatches, smartwatches bands and personal computers, used for collecting and analyzing variables relating to the environment, namely, temperature, quality of air and light as well as surrounding noise during sleep; Downloadable software and software applications for providing online, mobile and digital health and well-being information to consumers, patients and caregivers; Downloadable software and software applications for recording and displaying scores with respect to health improvement; Downloadable artificial intelligence software for wireless data transmission health care; Heart beat recording devices, not for medical use; Atmospheric oxygen monitors; Travel distance monitors, namely, pedometers; Wireless electronic apparatus for transmission of sound, images or data; Thermometers not for medical purposes; Personal electronic apparatus in the nature of wearable activity trackers, smartwatches, smartwatches bands and personal computers for displaying, measuring, recording, organizing, analyzing, manipulating and receiving data, text, images and audio files relating to health, well-being and fitness; Wireless receivers used for detecting, storing, and processing electronic data emanating from a sensor that records data relating to fitness activity, namely, data relating to time, distance, speed, heart rate and body rhythm, as well as calories burned; Bathroom scales; Scales with body mass analyzers; Baby scales; Audio and video apparatus for monitoring babies, namely, baby monitors; Electric or electronic sensors for detecting, measuring, processing, collecting, recording and transmitting general data relating to well-being, sleep cycles, respiration rate, heart rate, movement of limbs and activity during sleep; Electric or electronic sensors for detecting, processing, measuring, collecting, recording and transmitting variables related to the environment, namely, temperature, air and light quality, as well as surrounding sound during sleep; USB cables; Battery chargers; Pedometers; Apparatus for measuring and controlling consumption and caloric expenditure, namely, calorimeters; Smart watches; Smartwatch bands for communicating data with smart phones; Watches and jewelry bracelets, namely, smartwatches and smartwatch bands with monitoring functions and data reporting relating to physical fitness, training and activity, namely, data relating to time, distance, pace, angular velocity, weight management, calories burned, and level of activity accumulated; Watches and jewelry bracelets, namely, smartwatches and smartwatch bands enabling data to be communicated to personal digital assistants, smart phones, portable apparatus in the nature of wearable activity trackers, smartwatches, smartwatches bands and personal computers via sensors, on-line internet sites and other computer and electronic communication networks
• CC0000: The color(s) blue, orange and red is/are claimed as a feature of the mark.
• GS0441: Medical services; Medical assessment of health status, namely, physical fitness assessment services for medical purposes; Medical diagnosis services, namely, medical analysis for the diagnosis and treatment of persons; Medical testing for the diagnosis and treatment of persons; Carrying out disease diagnoses, namely, medical testing services; Medical testing services for diagnostic or treatment purposes; Medical assistance; Medical guidance counseling relating to stress; Health care advice; Provision of medical information in the field of health; Biorhythm health care consulting services provided under medical supervision; Health care advice provided under medical supervision; Medical health assessment services; Medical check-ups provided under medical supervision, namely, medical services; Health care information provided under medical supervision; Medical diagnostic monitoring of patients; Remote medical diagnostic monitoring of patients; Designing weight reduction programs being providing weight loss programs; Providing support in the monitoring of patients receiving medical treatment, namely, remote monitoring of medical data for medical diagnosis and treatment; Dietary and nutritional information and advice services
• GS0101: Analysis apparatus and devices for medical use, namely, pulse measuring devices, sample preparation device for medical diagnostic uses, medical diagnostic instruments for the analysis of body fluids; Medical imaging apparatus; Respiratory masks for artificial respiration and apparatus for artificial respiration; Hearing aids; Physical therapy equipment, namely, manually-operated exercise equipment for physical therapy purposes; Feeding aids, namely, feeding bottles and feeding bottle nipples; Medical apparatus for checking and monitoring health, namely blood pressure measuring apparatus, thermometers for medical use, body composition monitors and body fat monitors for humans; Automatic analyzers for medical diagnosis, namely, analyzers for bacterial identification for medical purposes; Electronic analyzers for medical use, namely, electronic body composition analyzers for medical purposes; Medical diagnostic instruments for the analysis of body fluids
• GS0421: Providing temporary use of non-downloadable online software applications and software for measuring, recording, displaying, storing, transmitting, sharing and tracking data relating to physical activity, sleep, body mass, weight, heart rate, blood pressure, calorie expenditure, distance traveled and temperature; Providing temporary use of non-downloadable online software and software applications for recording, organizing, transmitting, receiving and analyzing text, data, images and audio files relating to health and well-being; Providing temporary use of non-downloadable online software applications and software used to collect and analyze variables relating to the environment, namely, temperature, air and light quality as well as surrounding noise during sleep; Providing temporary use of non-downloadable online software used as an application programming interface (API) in the field of health and well-being

Case File Event Statements

• 2/22/2024 - 12 months ago

  1 - SN ASSIGNED FOR SECT 66A APPL FROM IB Type: REPR

• 2/23/2024 - 12 months ago

  2 - NEW APPLICATION OFFICE SUPPLIED DATA ENTERED Type: NWOS

• 2/27/2024 - 11 months ago

  3 - APPLICATION FILING RECEIPT MAILED Type: MAFR

• 5/20/2024 - 9 months ago

  4 - ASSIGNED TO EXAMINER Type: DOCK

• 5/22/2024 - 9 months ago

  5 - NON-FINAL ACTION WRITTEN Type: CNRT

• 6/7/2024 - 8 months ago

  7 - NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW Type: RFCR

• 6/24/2024 - 8 months ago

  9 - NON-FINAL ACTION MAILED - REFUSAL SENT TO IB Type: RFCS

• 11/30/2024 - 2 months ago

  12 - ASSIGNED TO EXAMINER Type: DOCK

• 11/30/2024 - 2 months ago

  13 - ASSIGNED TO EXAMINER Type: DOCK

• 6/7/2024 - 8 months ago

  6 - NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW Type: RFCR

• 6/24/2024 - 8 months ago

  8 - REFUSAL PROCESSED BY MPU Type: RFRR

• 7/15/2024 - 7 months ago

  10 - REFUSAL PROCESSED BY IB Type: RFNT

• 11/22/2024 - 2 months ago

  11 - NEW REPRESENTATIVE AT IB RECEIVED Type: NREP

• 12/12/2024 - 2 months ago

  15 - CORRESPONDENCE RECEIVED IN LAW OFFICE Type: CRFA

• 12/12/2024 - 2 months ago

  16 - TEAS/EMAIL CORRESPONDENCE ENTERED Type: TEME

• 12/12/2024 - 2 months ago

  14 - TEAS RESPONSE TO OFFICE ACTION RECEIVED Type: TROA

• 1/3/2025 - a month ago

  17 - ASSIGNED TO EXAMINER Type: DOCK

• 1/10/2025 - a month ago

  20 - NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED Type: GNEN

• 1/10/2025 - a month ago

  22 - APPROVED FOR PUB - PRINCIPAL REGISTER Type: CNSA

• 1/10/2025 - a month ago

  18 - EXAMINERS AMENDMENT -WRITTEN Type: CNEA

• 1/10/2025 - a month ago

  21 - EXAMINER'S AMENDMENT ENTERED Type: XAEC

• 1/29/2025 - 21 days ago

  23 - NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Type: NONP

• 2/4/2025 - 15 days ago

  24 - PUBLISHED FOR OPPOSITION Type: PUBO

• 2/4/2025 - 15 days ago

  25 - OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Type: NPUB

• 1/10/2025 - a month ago

  19 - EXAMINERS AMENDMENT E-MAILED Type: GNEA