| Serial Number | 97239829 |
| Word Mark | BREATHE DIFFERENCE |
| Filing Date | Wednesday, January 26, 2022 |
| Status | 730 - FIRST EXTENSION - GRANTED |
| Status Date | Monday, June 10, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 5 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, October 31, 2023 |
| Description of Mark | The mark consists of the word "breathe" having the letters "the" of the word "breathe" in bold and the word "difference" located below the word "breathe", particularly below the bolded portion "the". |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Providing health care information by telephone; Health care consultancy services; Professional consultancy relating to health care; Monitoring of patients, namely, remote monitoring of medical data for medical diagnosis and treatment; Health Consultation relating to bio-rhythms; Professional consultancy relating to health; Consulting services relating to health care; Health clinic services; Health centre services; Medical and healthcare clinics; Preparation of health care reports; Health risk assessment surveys; Health assessment surveys; Providing health information; Health counselling; Provision of health care services in domestic homes; Health care services offered through a network of health care providers on a contract basis; Weight management services, namely, providing weight loss programs; Medical and healthcare services; Oxygen bar services; Therapy services, namely, medical, physical rehabilitation and physical therapy services; Rental of hospital medical equipment; Rental of beds specially made for medical treatment purposes; Fitting of orthopaedic devices; Fitting of orthotic devices; Advisory services relating to medical problems; Advisory services relating to medical services; Physician services; Medical Advisory services relating to medical instruments; Medical Consultancy and information services relating to medical products; Medical Advisory services relating to medical apparatus and instruments; Medical assistance; Hospital services; Services for the preparation of medical reports, namely, providing medical information in the form of reports; Conducting medical screenings for cardiovascular disease risk factors; Medical analysis services relating to the treatment of persons provided by a medical laboratory; Medical screening; Physical examination services; Medical health assessment services; Preparation of medical reports relating to medical matters; Medical examination of individuals; Performing diagnosis of diseases; Providing medical information; Health screening services in the field of asthma; Trans-telephone heart monitoring services; Medical analysis services relating to the treatment of patients; Medical analysis services relating to the treatment of persons; Medical analysis for the diagnosis and treatment of persons; Medical counseling; Public health counseling; Medical assistance consultancy provided by doctors and other specialized medical personnel; Medical diagnostic services, namely, medical testing services relating to the diagnosis and treatment of disease; Medical consultations; Medical evaluation services, namely, evaluation of cardiovascular health; Health farm services; Medical services for the diagnosis of conditions of the human body, namely, diagnosis of cardiovascular health; Medical screening services relating to cardiovascular disease; Medical testing for diagnostic or treatment purposes; Medical screening relating to the heart; Telemedicine services; Rental of apparatus and installations in the field of medical technology; Rental of equipment for medical purposes; Medical equipment rental; Provision of medical services; Rental of medical and health care equipment; Medical screening services in the field of asthma; Providing information relating to the rental of medical machines and apparatus; Providing information relating to medical services; Providing information via the Internet in the field of diabetes; Providing on-line information relating to the prevention of cardiovascular disease and strokes |
| Goods and Services | Apparatus for analysing measured physical signals, namely, blood pressure measuring apparatus, heartbeat measuring apparatus; Anaesthesia respiration apparatus; Medical Apparatus for the diagnosis of cardiovascular diseases; Medical Apparatus for the diagnosis of neurological diseases; Medical Apparatus for measuring lung function; Medical Apparatus for analysing brain wave frequencies; Medical Apparatus for determining blood flow; Medical Apparatus for carrying-out diagnostic tests for medical purposes; Medical Apparatus for monitoring vital signs; Respiration monitors for medical use; Sphygmotensiometers; Diagnostic measuring apparatus for medical use, namely, medical diagnostic instruments for the analysis of body fluids; Digital thermometers for medical purposes; Blood Pressure monitors for medical use; Cardiac electrodes; Electrocardiographs; Electrocardiographic recorders; Electromedical diagnostic instruments, namely, namely, electrocardiographs; Electro medical instruments, namely, medical apparatus and instruments for monitoring blood oxygen saturation, blood gas concentrations, vital signs and respiratory events; ; Electronic blood oxygen saturation recorders; Electronic blood pressure meters; Electronic heart rate recorders; Electronic carbon dioxide monitors used for medical purposes; Carbon dioxide indicators for medical use; Carbon dioxide detectors for medical use; Electronic carbon dioxide recorders used for medical purposes; Carbon dioxide monitors for medical use in measuring levels in patients; Medical apparatus for detecting carbon dioxide in the airways; Medical sensors, namely, respiratory sensors; Breath gas analyzers for medical diagnostics; Electronic temperature recorders for medical use; Fetal pulse monitors; Tools for medical diagnostics, namely, medical instruments for cardiovascular diagnostics; Heartbeat measuring apparatus; Medical apparatus for measuring the oxygen content of blood; Electrocardiograph monitors; Patient monitoring instruments, namely, patient monitoring sensors and alarms; Physiological monitoring apparatus for medical use, namely, medical instruments to measure blood pressure, cardiac output and other physiological and cardiovascular parameters; Respiration monitors; Pulse meters for medical purposes; Oxygen sensors for medical use; Telemetry apparatus for medical use; Fetal heart monitors; Medical Apparatus for the treatment of breathing difficulties; Medical Apparatus for the treatment of lung diseases; Medical Artificial anaesthetization apparatus; Apparatus for artificial respiration; Apparatus for producing oxygen for medical use; Apparatus for use in the prevention of snoring, namely, therapeutic mouthpieces for the prevention of snoring; Bracelets for medical purposes; Respirators for artificial respiration; Defibrillators; Inserts for breathing masks for medical use; Powered respirators for artificial respiration; Electrodes for use with medical apparatus; Electrodes for medical use; Electrodes for picking up biological parameters; Artificial sleep apparatus, namely, medical devices for treating sleep disorders; Heating Cushions for medical purposes; Medical apparatus for the display of tomographic data; Therapeutic Pads for inhibiting snoring; Cardiopulmonary resuscitation masks; Medical apparatus for training breathing techniques; Medical apparatus for facilitating the inhalation of pharmaceutical preparations; Apparatus for administering drugs by inhalation, sold empty; Medical apparatus for controlling pulmonary gas exchange parameters; Medical apparatus for assisting breathing; Inhalers for medical use; Medical Apparatus for extracting oxygen from the atmosphere; Oxygen inhalers for medical use; Oxygen concentrators for medical applications; Humidifiers for use with respiratory therapy apparatus for medical use; Therapeutic facial masks; Masks for use by medical personnel; Oxygen masks for medical use; Moisture exchangers for medical use in transferring the heat of exhaled breath to inhaled breath; Suction apparatus for medical use, namely, wound suction apparatus; Mucus extractors; Electric sputum aspirators; Manual sputum aspirators; Aspiration medical tubing; Telemetry devices for medical applications; Medical trays for surgical instruments; Nebulizers for respiration therapy; Resuscitation apparatus; Heat treatment apparatus, namely, heating pads for medical purposes; Heat therapy instruments, namely, heating pads for medical purposes; Patient ventilation instruments, namely, medical ventilators; Respiratory masks for artificial respiration; Incubators for babies; Ventilator exhalation valves for artificial respiration; Protective breathing masks for artificial respiration; Asphyxial neonates respirators for medical purposes; Ventilator breathing apparatus for artificial respiration; Medical apparatus for the treatment of respiratory conditions; Incubation units for medical purposes; Pulse oximeters for medical purposes; Tomographic instruments for medical use; Respiratory therapy apparatus for loosening and removing bronchial mucus; Apparatus for the alleviation of lung ailments; Anaesthetic apparatus; Anaesthetic masks; Tracheal tubes; Respiratory therapy apparatus for breathing assistance when suffering from coughing diseases; Vaporizers for the treatment of upper respiratory conditions |
| International Class | 010 - Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials. |
| US Class Codes | 026, 039, 044 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, January 31, 2022 |
| Primary Code | 010 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, January 31, 2022 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Loewenstein Medical Technology S.A. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | L-2557 Luxembourg L-2557 LU |
| Party Name | Loewenstein Medical Technology S.A. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | L-2557 Luxembourg L-2557 LU |
| Event Date | Event Description |
| Saturday, January 29, 2022 | NEW APPLICATION ENTERED |
| Monday, January 31, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, August 24, 2022 | ASSIGNED TO EXAMINER |
| Wednesday, August 31, 2022 | NON-FINAL ACTION WRITTEN |
| Wednesday, August 31, 2022 | NON-FINAL ACTION E-MAILED |
| Wednesday, August 31, 2022 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, January 11, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, January 11, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, January 12, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, January 30, 2023 | SUSPENSION LETTER WRITTEN |
| Monday, January 30, 2023 | LETTER OF SUSPENSION E-MAILED |
| Monday, January 30, 2023 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Saturday, August 12, 2023 | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION |
| Monday, August 28, 2023 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, August 28, 2023 | EXAMINERS AMENDMENT E-MAILED |
| Monday, August 28, 2023 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, August 28, 2023 | EXAMINER'S AMENDMENT ENTERED |
| Monday, September 18, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, September 22, 2023 | ON HOLD - ELECTRONIC RECORD REVIEW REQUIRED |
| Wednesday, September 27, 2023 | ELECTRONIC RECORD REVIEW COMPLETE |
| Wednesday, October 11, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, October 31, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, October 31, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, December 26, 2023 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Monday, June 10, 2024 | SOU TEAS EXTENSION RECEIVED |
| Tuesday, June 11, 2024 | SOU EXTENSION 1 FILED |
| Tuesday, June 11, 2024 | SOU EXTENSION 1 GRANTED |
| Thursday, June 13, 2024 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Tuesday, December 24, 2024 | SOU TEAS EXTENSION RECEIVED |