| Serial Number | 79396578 |
| Word Mark | EMYDEX FOOD PROCESSING SOLUTIONS |
| Filing Date | Thursday, March 7, 2024 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Tuesday, April 8, 2025 |
| 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 the following: the wording "EMYDEX" wherein the letters "e, m, y, d, e" are in blue and the letter "x" is in shades of blue, green, and yellow. Beneath the wording "EMYDEX" is the phrase "FOOD PROCESSING SOLUTIONS" in blue. |
| Goods and Services | Data processing apparatus; Computers; Computer peripheral devices; downloadable computer software for controlling and driving machines in the food processing industry and for evaluating data obtained from machines and detecting devices in the food processing industry; recorded computer software for controlling and driving machines in the food processing industry and for evaluating data obtained from machines and detecting devices in the food processing industry; Recorded content in the nature of data recorded on DVDs, CDs, flash drives, and USB cards featuring information as to the origin and physical properties of animals, animal parts and food to be processed as well as processing parameters and data of food processing apparatus; prerecorded magnetic data carriers featuring information as to the origin and physical properties of animals, animal parts and food to be processed as well as processing parameters and data of food processing apparatus; recorded electronic data files featuring information as to the origin and physical properties of animals, animal parts and food to be processed as well as processing parameters and data of food processing apparatus; Data files recorded electronically from the internet featuring information as to the origin and physical properties of animals, animal parts and food to be processed as well as processing parameters and data of food processing apparatus; downloadable or recorded computer programmes for data processing; Electric sensors; Optical sensors; Infrared sensors; Microwave sensing apparatus; Optical inspection apparatus for industrial use; calibration devices for calibrating Industrial X-ray apparatus in the nature of testing equipment for determining industrial flaws; Detectors being electronic devices comprised of sensors, cameras, and computer hardware for measuring physical quantities of fish, meat and poultry, items of fish, meat and poultry as well as of fruits and vegetables; Electric distribution consoles and control panels; Cameras; Camcorders; Digital cameras; Counters for measuring the physical properties of fish, meat and poultry, items of fish, meat and poultry as well as of fruits and vegetables; Sound recording apparatus; Apparatus for recording images; Sound transmitting apparatus; Apparatus for the transmission of images; Sound reproduction apparatus; Apparatus for the reproduction of images; electrical controllers; electronic controllers for fish, meat and poultry processing machines; Programmable electronic controllers for food processing machines; Digital electronic controllers for food processing machines specifically for use in the food processing industry; Testing apparatus for testing the physical properties of fish, meat and poultry, items of fish, meat and poultry as well as of fruits and vegetables not for medical purposes |
| Goods and Services | Fish and meat processing machines and replacement parts therefor; machines for treating and processing fish, meat and poultry, and fruits and vegetables; mechanical conveyor belts for feeding machines with processing goods or with objects for further treatment; machines for production or treatment of packaging and packaging containers, including those made with film; machines for closing containers, including those made with film, and packaging bags; machines and apparatus for labeling goods packages in the nature of automatic industrial labeling machines for applying labels to containers and bottles; industrial robots |
| Goods and Services | Providing access to data in computer networks; providing access to databases in computer networks; communication of information by electronic means; electronic messaging; transmission of information by electronic communications networks; provision of access to an electronic on-line network for information retrieval; streaming of data; transmission of digital files; electronic message sending; providing access to databases; providing access to web pages on a global computer network |
| Indication of Colors claimed | The color(s) blue, green, and yellow is/are claimed as a feature of the mark. |
| Goods and Services | Computer data entry and data processing services; data processing services; compilation of data into computer databases for business, commercial or research purposes; updating and maintenance of data in computer databases; providing business information via a web site; compilation of statistics; business information services; market intelligence services; marketing research; conducting market studies; systemization of information into computer databases; compilation of information into computer databases for business, commercial or research purposes |
| NOT AVAILABLE | "FOOD PROCESSING SOLUTIONS" |
| Goods and Services | Technological services, namely research and design in the field of computer datacenter architecture; Technological research in the field of food processing; Industrial analysis and scientific research services in the field of food processing; Software design and development; Design and development of computer hardware; Installation, repair and maintenance of computer software; Consultancy in the field of computer technology; Updating of computer software; Consultation services relating to the design and development of computer hardware; Computer software consultancy; Programming of EDP software; Creation, maintenance and adaptation of software; Creating programmes for data processing; Implementation of computer programs in networks; technical support services, namely, technical administration of servers for others; Technical consultancy relating to the application and use of computer software; Programming of computer software for evaluation and calculation of data; Computer programming services for the analysis of data; Technical data analysis services for analysing streaming machines data in real-time; Providing online information about industrial analysis and scientific research services; Software as a service [SaaS] services featuring software for use in database management; Measurement evaluation services in the field of industrial food processing; Testing, analysis and evaluation of the goods and services of others to determine conformity with certification standards; quality control of goods and services of others; product quality testing services; Consulting in the field of cloud computing networks and applications; Providing virtual computer systems through cloud computing; providing temporary use of on-line non-downloadable cloud computing software for use in database management; Cloud hosting provider services; Design and development of operating software for accessing and using a cloud computing network; Rental of operating software for accessing and using a cloud computing network; Computer technology consultancy; Information technology [IT] consultancy relating to installation, maintenance and repair of computer software; Development of computer platforms; Electronic data storage; Conversion of computer programs and data, other than physical conversion; Platform as a service [PaaS] featuring computer software platforms for use in database management; Programming of web pages; Reconstruction of database systems for others |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, May 30, 2024 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 007 - Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. |
| US Class Codes | 013, 019, 021, 023, 024, 031, 034, 035 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, May 30, 2024 |
| Primary Code | 007 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 100, 101, 104 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, May 30, 2024 |
| Primary Code | 038 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Thursday, May 30, 2024 |
| Primary Code | 009 |
| 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 | Thursday, May 30, 2024 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | bOpen Innovation Holding GmbH |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Event Date | Event Description |
| Thursday, May 30, 2024 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Saturday, June 1, 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, September 19, 2024 | ASSIGNED TO EXAMINER |
| Saturday, June 1, 2024 | APPLICATION FILING RECEIPT MAILED |
| Monday, October 28, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, November 8, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Sunday, October 27, 2024 | NON-FINAL ACTION WRITTEN |
| Tuesday, April 8, 2025 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, April 8, 2025 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, April 8, 2025 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Saturday, November 30, 2024 | REFUSAL PROCESSED BY IB |
| Friday, November 8, 2024 | REFUSAL PROCESSED BY MPU |