| Serial Number | 79192356 |
| Word Mark | BREATHE WELL |
| Filing Date | Wednesday, January 27, 2016 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, April 5, 2024 |
| Registration Number | 5288182 |
| Registration Date | Tuesday, September 19, 2017 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, July 4, 2017 |
| Description of Mark | The mark consists of the stylized wording "BREATHE WELL" with the "W" in "WELL" completely encompassed by a circle. |
| Goods and Services | Computer software and computer programs, namely, computer software and computer programs to provide feedback to patients to aid breathing and stability during medical imaging and radiation therapy procedures in the fields of medical applications, medical apparatus, medical devices, and for medical purposes |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Apparatus, equipment and devices for medical testing, namely, biofeedback monitors to provide feedback to patients to aid breathing and stability during medical imaging and radiation procedures; Apparatus, equipment and devices for medical diagnosis, namely, biofeedback monitors to provide feedback to patients to aid breathing and stability during medical imaging and radiation procedures; Medical apparatus and instruments, namely, biofeedback monitors to provide feedback to patients to aid breathing and stability during medical imaging and radiation procedures; Medical devices for monitoring vital signs of patients, namely, biofeedback monitors to provide feedback to patients to aid breathing and stability during medical imaging and radiation procedures; Medical analysis apparatus, equipment and devices, namely, biofeedback monitors to provide feedback to patients to aid breathing and stability during medical imaging and radiation procedures; Medical apparatus, equipment and devices for monitoring, namely, biofeedback monitors to provide feedback to patients to aid breathing and stability during medical imaging and radiation procedures; Medical apparatus, equipment and devices for measuring purposes, namely, biofeedback monitors to provide feedback to patients to aid breathing and stability during medical imaging and radiation procedures; Electronic apparatus and devices for medical treatment purposes, namely, biofeedback monitors to provide feedback to patients to aid breathing and stability during medical imaging and radiation procedures; Electronic monitoring apparatus for medical purposes, namely, biofeedback monitors to provide feedback to patients to aid breathing and stability during medical imaging and radiation procedures; Respiratory monitors for medical use, namely, biofeedback monitors to provide feedback to patients to aid breathing and stability during medical imaging and radiation procedures; Apparatus for use in medical analysis, namely, biofeedback monitors to provide feedback to patients to aid breathing and stability during medical imaging and radiation procedures; Analysing apparatus for medical use, namely, biofeedback monitors to provide feedback to patients to aid breathing and stability during medical imaging and radiation procedures |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, April 5, 2024 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, April 5, 2024 |
| Primary Code | 010 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | OPUS MEDICAL PTY LTD |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | AU |
| Party Name | Respiratory Innovations Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | AU |
| Party Name | Respiratory Innovations Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 82 - NOT AVAILABLE |
| Address | AU |
| Event Date | Event Description |
| Monday, September 26, 2016 | ASSIGNED TO EXAMINER |
| Thursday, September 22, 2016 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, September 26, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, September 30, 2016 | APPLICATION FILING RECEIPT MAILED |
| Thursday, October 6, 2016 | NON-FINAL ACTION WRITTEN |
| Friday, October 7, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, October 27, 2016 | REFUSAL PROCESSED BY MPU |
| Thursday, October 27, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, November 11, 2016 | REFUSAL PROCESSED BY IB |
| Thursday, April 27, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, April 27, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, April 28, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, May 10, 2017 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, May 26, 2017 | EXAMINERS AMENDMENT E-MAILED |
| Friday, May 26, 2017 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Friday, May 26, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, June 14, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, July 4, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, July 4, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, September 19, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, May 10, 2017 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, May 26, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, May 26, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, December 19, 2017 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Wednesday, January 10, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Thursday, May 26, 2022 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Wednesday, January 10, 2018 | FINAL DISPOSITION PROCESSED |
| Thursday, January 25, 2018 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Saturday, February 10, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, May 26, 2022 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, May 26, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, May 26, 2022 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, May 26, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Wednesday, June 29, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, June 22, 2022 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED |
| Wednesday, June 22, 2022 | WITHDRAWAL OF ATTORNEY GRANTED |
| Wednesday, June 29, 2022 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Wednesday, June 29, 2022 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, June 29, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Wednesday, June 29, 2022 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Monday, September 19, 2022 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, April 5, 2024 | CANCELLED SECTION 71 |