| Serial Number | 98442077 |
| Word Mark | FX |
| Filing Date | Saturday, March 9, 2024 |
| Status | 641 - NON-FINAL ACTION - MAILED |
| Status Date | Wednesday, September 18, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Providing online electronic publications, namely, blogs, articles, guidebooks, e-books, and informational newsletters, for informational and educational purposes in the fields of health, wellness, nutrition, biology, physiology, and personal care |
| Goods and Services | Downloadable software in the nature of a virtual assistant; downloadable software in the nature of artificial intelligence and machine learning relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care; downloadable software, namely, artificial intelligence software and machine learning software for the purposes of collecting, reviewing, processing, sorting, analyzing, furnishing, and explaining data and information relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care; downloadable mobile application in the nature of a virtual assistant; downloadable mobile application for artificial intelligence and machine learning relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care; downloadable mobile application for the purposes of collecting, reviewing, processing, sorting, analyzing, furnishing, and explaining data and information relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care; downloadable mobile application that enables users to request, schedule, and purchase medical analysis and diagnostic testing services, specimen collection services, and laboratory testing services; downloadable mobile application for the transmission and display medical information and data, namely, information and data relating to specimen and sample collection and analysis, patient-reported health information, diagnostic testing and test results, health and lifestyle practices and choices in light of a sample or specimen analysis, diagnostic test, and/or self-reported health information, and/or interactions with and communications to and from one or more medical care providers; downloadable mobile application for video and text communications relating to medical information and data, namely, communications relating to specimen and sample collection and analysis, patient-reported health information, diagnostic testing and test results, health and lifestyle practices and choices in light of a sample or specimen analysis, diagnostic test, and/or self-reported health information, and/or interactions with and communications to and from one or more medical care providers; downloadable mobile application for video and text communications with medical care providers, namely, medical doctors, doctors of osteopathic medicine, physician's assistants, nurses, licensed medical assistants, and/or administrative staff supporting the aforementioned health care professionals; downloadable mobile application for use in conducting telehealth services; downloadable mobile application for prescription fulfillment, delivery, and management; downloadable mobile application for use in medical diagnosis and diagnostic testing; downloadable mobile application for diet and dietary management |
| Goods and Services | Meal kits consisting primarily of meat, fruits, and/or vegetables; diet kits consisting primarily of meat, fruits and/or vegetables |
| Goods and Services | Food and beverage packaging and delivery services; medical transport services; prescription delivery services |
| Goods and Services | Retail store services featuring pharmaceuticals, prescription medications and treatments, thermometers, blood pressure measurement devices, pulse measurement devices, oxygen measurement devices, glucose measurement devices, syringes and IV solution sets, hearing aids and assistive listening devices, glasses and lenses, and over-the-counter medications, medicines, ointments, creams, powders, tablets, supplements, and treatments; food and beverage procurement, namely, purchasing food and beverages for others; healthcare referral services; healthcare referral services, namely, clinical trial matching and referral services |
| Goods and Services | Medical analysis and diagnostic services for the care and treatment of persons, as following a specimen and/or sample collection; blood collection, storage, and analysis services for medical purposes; phlebotomy services; medical treatment services; specimen and sample collection, storage, and analysis services for medical purposes; mobile medical services; collection, analysis, and banking services for sperm, t-cells, and stem cells for medical purposes; prescription fulfillment and management services, namely, preparation of prescriptions by pharmacists and prescription refill reminder services; home healthcare services; dietician services; nutritional consulting services, namely, dietary analysis and recommendation services; nutritional consulting services, namely, supplement and regimen recommendation services; telehealth services; weight reduction diet plan services; all of the foregoing excluding physical therapy and physical rehabilitation services, including physical rehabilitation services in the nature of aquatic physical therapy |
| Goods and Services | Food and beverage preparation services; providing personalized meal plan services via a website |
| Goods and Services | Providing a website featuring non-downloadable software in the nature of a virtual assistant; providing a website featuring non-downloadable software in the nature of artificial intelligence and machine learning relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care; providing a website featuring non-downloadable software, namely, artificial intelligence software and machine learning software for the purposes of collecting, reviewing, processing, sorting, analyzing, furnishing, and explaining data and information relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care; providing a website featuring non-downloadable software that enables users to request, schedule, and purchase medical analysis and diagnostic testing services, specimen collection services, and laboratory testing services; scientific and medical research services being data collection and analysis in the fields of health, wellness, nutrition, biology, physiology, and personal care; providing scientific analysis and information in connection with laboratory testing in the fields of health, wellness, nutrition, biology, physiology, and personal care; providing scientific research in connection with laboratory testing in the fields of health, wellness, nutrition, biology, physiology, and personal care; scientific and medical research services being data collection and analysis in the fields of medicine, public health, epidemiology, preventative care, and osteopathic care; scientific research in the fields of medicine, public health, epidemiology, preventative care, and osteopathic care; providing a website featuring non-downloadable software that allows users to access, view, monitor, manage, transmit, share, and communicate regarding; medical information and data, namely, medical information and data; relating to specimen and sample collection and analysis, patient reported health information, diagnostic testing and test results, health and lifestyle practices and choices in light of a sample or specimen analysis, diagnostic test, and/or self-reported health information, and/or interactions with and communications to and from one or more medical care providers; providing a website featuring non-downloadable software for video and text communications with medical care providers, namely, medical doctors, doctors of osteopathic medicine, physician's assistants, nurses, licensed medical assistants, and/or administrative staff supporting the aforementioned medical professionals; providing a website featuring non-downloadable software for use in conducting telehealth services; providing a website featuring non-downloadable software for prescription fulfillment, delivery, and management; providing a website featuring non-downloadable software for use in medical diagnosis and diagnostic testing; providing a website featuring non-downloadable software for diet and dietary management |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, April 22, 2024 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, April 22, 2024 |
| Primary Code | 035 |
| 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 | Monday, April 22, 2024 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 039 - Transport; packaging and storage of goods; travel arrangement. |
| US Class Codes | 100, 105 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, April 22, 2024 |
| Primary Code | 039 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, April 22, 2024 |
| Primary Code | 041 |
| 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 | Monday, April 22, 2024 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, April 22, 2024 |
| Primary Code | 043 |
| 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, April 22, 2024 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Function Health Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Austin, TX 78701 |
| Event Date | Event Description |
| Thursday, March 14, 2024 | NEW APPLICATION ENTERED |
| Monday, April 22, 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, September 10, 2024 | ASSIGNED TO EXAMINER |
| Wednesday, September 18, 2024 | NON-FINAL ACTION WRITTEN |
| Wednesday, September 18, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, September 18, 2024 | NON-FINAL ACTION E-MAILED |