| Serial Number | 98212499 |
| Word Mark | C + |
| Filing Date | Friday, October 6, 2023 |
| Status | 645 - FINAL REFUSAL - MAILED |
| Status Date | Monday, July 29, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Description of Mark | The mark consists of a stylized letter C in the color turquoise. Within the letter C is a turquoise plus sign and above the plus sign is a shape formed as a liver appearing in the colors turquoise, blue, dark blue and green, containing several white dots. |
| Goods and Services | Downloadable computer software and application software for electronic patient evaluation, monitoring, diagnosing and treatment of medical conditions and user behaviour; Downloadable mobile applications for electronic patient evaluation, monitoring, diagnosing and treatment of medical conditions and user behaviour; Downloadable electronic publications in the nature of articles and multimedia files in the field of medicine, health and behavioural patterns in humans; Electronic database in the field of medical monitoring of patients receiving medical treatments recorded on computer media; Downloadable computer software for electronic data management; Downloadable computer software for the collection, processing and analysis of electronic medical data; Downloadable computer software and applications for the collection and management of health data; Downloadable computer and application software for monitoring the status and health of patients; Downloadable computer and application software for monitoring and controlling behaviour of users; Downloadable mobile application software for monitoring and controlling behaviour of users; Measuring, detecting and monitoring and controlling devices, namely, smartwatches, weighing scales, alcoholmeters and alarm sensors; Downloadable software for the use of measuring nutrition, well-being and providing patient-reported outcomes measures; Software as a Medical Device (SaMD), downloadable, for use as a medical instrument for electronic patient evaluation, monitoring, diagnosing, and treatment of medical conditions and behavior of user; downloadable software in the nature of a mobile application for use by medical professionals and patients, for use in providing medical information from remote locations via electronic patient monitoring devices that feed information to a cloud platform, processed and analyzed by proprietary algorithms, that can be accessed in real-time or near real-time by medical professionals for purposes of monitoring, diagnosing and management of medical conditions |
| Pseudo Mark | CYBERLIVER PLUS |
| Indication of Colors claimed | The color(s) white, turquoise, blue, dark blue, green is/are claimed as a feature of the mark. |
| Goods and Services | Telemedicine services, namely, digital medical treatment services in the fields of gastroenteric and hepatology conditions; providing digital medical support in the nature of therapy and telemedicine services for liver conditions featuring medical monitoring and disease management of patients receiving medical treatments; remote monitoring of medical data for medical diagnosis and treatment; telemedicine services, namely, digital medical evaluation services of gastroenteric conditions; telemedicine services, namely, digital medical analysis services relating to the treatment of patients; Medical testing for diagnostic or treatment purposes; health assessment services; Providing digital medical information and learning; telemedicine services, namely, digital health counseling |
| Goods and Services | Medical apparatus and instruments for measuring electrocardiographic (ECG) rates, heart rates, blood pressure, bio-impedance body weight, body balance, and body temperature for medical purposes and downloadable software for recording, processing and transmitting medical data, for use therewith, sold as a unit; medical devices for use in treating or diagnosing gastroenteric conditions with integrated recorded operating system software, sold as a unit; patient monitoring devices medical devices, namely, patient monitors for monitoring blood and breath alcohol levels and downloadable software for recording, processing and transmitting medical data, for use therewith, sold as a unit; patient monitoring devices, namely, portable medical devices with sensors to monitor the physical activity and sleep of a patient wearing or carrying the device; patient monitoring sensors and alarms; medical instruments for recording physiological data |
| Goods and Services | Software as a Service (SaaS) services featuring software incorporating algorithms for electronic patient evaluation, monitoring, diagnosing, and treatment of medical conditions and behavior of user; Platform as a Service (PaaS) featuring computer software platforms for electronic patient evaluation, monitoring, diagnosing and treatment of medical conditions and behavior of user; Data as a Service (DaaS) featuring software for providing raw and processed data in the field of health care; Providing temporary use of online non-downloadable software as a Medical Device (SaMD) incorporating algorithms for electronic patient evaluation, monitoring, diagnosing, and treatment of medical conditions and behaviour or user; Application service provider (ASP), namely, hosting computer software applications of others in the fields of Software as a Medical Device; Design and development of Software as a Medical Device (SaMD); Computer programming services; Scientific research; Technological research in the field of Software as a medical device; Clinical research in the field of Gastroenterology and Hepatology; Biological research; Medical research; Research relating to medicine; Electronic data storage; Design and development of on-line computer software systems for data input, output, processing, display and storage; Design and development of software for data input, output, processing, display and storage; Computer programming, namely, writing of computer programs for medical applications; Providing temporary use of online non-downloadable software featuring digital tools to measure and manage nutrition intake, calories, and providing patient reported outcome measures such as well-being, symptoms, and medication adherence; Science and technology services, namely, product research and development in the field of Software as a Medical device for liver conditions and design relating thereto for all the aforementioned services; Information, consultancy and advisory services relating to all of the aforesaid; providing temporary use of on-line non-downloadable software in the nature of a mobile application for use by medical professionals and patients, for use in providing medical information from remote locations via electronic patient monitoring devices that feed information to a cloud platform, processed and analyzed by proprietary algorithms, that can be accessed in real-time or near real-time by medical professionals for purposes of monitoring, diagnosing and management of medical conditions |
| 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 | 6 - Active |
| Class Status Date | Saturday, October 14, 2023 |
| 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 | 6 - Active |
| Class Status Date | Saturday, October 14, 2023 |
| Primary Code | 010 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, October 14, 2023 |
| Primary Code | 042 |
| 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 | Saturday, October 14, 2023 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | CYBERLIVER LIMITED |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | Stanmore, Middlesex HA71NR GB |
| Event Date | Event Description |
| Tuesday, October 10, 2023 | NEW APPLICATION ENTERED |
| Saturday, October 14, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, October 17, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Thursday, April 11, 2024 | ASSIGNED TO EXAMINER |
| Thursday, April 11, 2024 | NON-FINAL ACTION WRITTEN |
| Thursday, April 11, 2024 | NON-FINAL ACTION E-MAILED |
| Thursday, April 11, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, July 3, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, July 3, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, July 3, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, July 29, 2024 | FINAL REFUSAL WRITTEN |
| Monday, July 29, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Monday, July 29, 2024 | FINAL REFUSAL E-MAILED |