| Serial Number | 90687907 |
| Word Mark | H |
| Filing Date | Monday, May 3, 2021 |
| Status | 807 - SU - NON-FINAL ACTION - MAILED |
| Status Date | Wednesday, May 21, 2025 |
| 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, June 13, 2023 |
| Goods and Services | Providing individual and group instruction and information in the fields of fitness and exercise; Physical fitness conditioning classes; Personal training services, namely, providing strength and condition training and personal fitness instruction and information for physical rehabilitation, strength, fitness and exercise purposes; providing online, non-downloadable pre-recorded videos featuring athletic and fitness training sessions; Educational services, namely, courses of instruction in the fields of fitness, athletic training, health and wellness; Publication of online journals, namely, blogs featuring commentary, advice and information in the fields of health, wellness, athletic training, fitness and nutrition; Providing online non-downloadable videos in the fields of physical rehabilitation, and athletic, strength and fitness training |
| Description of Mark | The mark consists of the letter "H" in a stylized form. |
| Goods and Services | Downloadable software applications to manage, monitor and track physical fitness and therapy programs, to analyze and report data from therapy and massage devices, and to formulate therapy and physical strength and fitness programs; Voice controlled smart digital audio media hubs using artificial intelligence comprised of voice-activated speakers, computer hardware, and downloadable software used for controlling networked devices in the internet of things (IoT) that are used in the collecting, processing and transmitting of physical fitness data and healthcare data and information; Downloadable software in the nature of mobile applications for analyzing physical fitness and activity data using artificial intelligence; Downloadable software using artificial intelligence for interacting with users in the fields of healthcare, preventative health, physical fitness and rehabilitation and nutrition; Downloadable videos and electronic data files featuring fitness and physical rehabilitation therapy sessions, training and information; Battery chargers, Batteries, Battery charging bases; Charging appliances for rechargeable equipment; downloadable pre-recorded videos featuring athletic and fitness training sessions |
| Goods and Services | Foam exercise rollers; Vibrating apparatus used in fitness and exercise programs to stimulate muscles and increase strength and physical performance; Physical fitness equipment, namely, an exercise and training foam roller; Adhesive heat and vibration apparatus used in fitness and exercise programs to stimulate muscles and increase strength and physical performance |
| Pseudo Mark | HYPER |
| Goods and Services | Customer services, namely, providing consumer product advice relating to massagers; Customer services, namely, providing product support in the nature of consumer product information in the field of massage and physical therapy and rehabilitation devices; provision of online retail store services featuring equipment for physical fitness, therapy and rehabilitation, namely, vibrating electric devices to stimulate muscles, increase strength and physical performance, percussive massage devices, massagers, foam rollers for physical fitness and therapy, hot and cold compression wraps; provision of retail store services featuring physical fitness, therapy and rehabilitation equipment and devices |
| Goods and Services | Physical monitoring of health data indicative of the health or condition of individuals for medical diagnosis and treatment purposes; Remote monitoring of data indicative of the health or condition of an individual or group of individuals for medical diagnosis and treatment purposes; information, advisory, and consulting services relating to the aforesaid |
| Goods and Services | Electric massage appliances, namely, electric vibrating massager; Electronic stimulation apparatus for percussion therapy to muscles for physical therapy purposes, and accessories therefor; electric vibrating massagers; Massage apparatus attachment heads for applying different types of therapeutic treatments; Foam rollers for use in physical therapy; Massage apparatus; Heating pads for medical purposes; Therapeutic hot and cold compression wraps and pads and structural parts therefor; Adhesive heating pad for medical purposes; adhesive heat and vibration massage apparatus for medical purposes; Vibrating apparatus used to stimulate muscles and increase strength and physical performance for health and medical purposes; Electrotherapy devices for applying pneumatic compression for treating medical conditions and for physical therapy purposes; Storage containers specially adapted for massagers, electric percussive massagers, and massage apparatus and instruments; Waveform compression massage apparatus for treating medical conditions and for physical rehabilitation purposes; Electromedical rehabilitative and pain management products for clinical and home use, namely, electronic muscle stimulators for physical therapy purposes, and therapeutic air compression leg wraps and air compression massaging apparatus used to relieve muscle aches, pain and to temporarily increase circulation |
| Goods and Services | Providing temporary use of online, non-downloadable computer software for tracking fitness, strength, physical recovery, health and wellness goals and statistics; Providing temporary use of online, non-downloadable computer software for displaying, aggregating, analyzing and organizing data and information in the fields of health, wellness, fitness, strength, physical rehabilitation, and nutrition; Providing temporary use of online, non-downloadable software for creating personalized fitness, strength and physical rehabilitation training programs; Providing temporary use of online, non-downloadable software for providing personal training services, workouts, physical rehabilitation and fitness assessments; Software as a service (SaaS) services featuring software that enables management and tracking of participation and progress in fitness, wellness, strength, and physical therapy and rehabilitation programs; Software as a service (SaaS) services featuring software for use in designing, creating and analyzing data, metrics and reports in the areas of health, fitness, strength, athletic training, and physical therapy and rehabilitation; Providing temporary use of web-based software applications using artificial intelligence to collect, systematize, compile, store, transmit, process and analyze data in the fields of physical therapy, rehabilitation, health and wellness; Software as a service (SAAS) services featuring artificial intelligence software for making medical and physical therapy and rehabilitation recommendations and changes; Software as a service services featuring software for analyzing physical and activity data using artificial intelligence; Software as a service (SAAS) services featuring software that enables users to enter, access, track, monitor and generate health and medical information and reports |
| 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, August 5, 2021 |
| Primary Code | 009 |
| First Use Anywhere Date | Wednesday, September 1, 2021 |
| First Use In Commerce Date | Wednesday, September 1, 2021 |
| 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 | Thursday, August 5, 2021 |
| Primary Code | 010 |
| First Use Anywhere Date | Wednesday, September 1, 2021 |
| First Use In Commerce Date | Wednesday, September 1, 2021 |
| International Class | 028 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. |
| US Class Codes | 022, 023, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, August 5, 2021 |
| Primary Code | 028 |
| First Use Anywhere Date | Wednesday, September 1, 2021 |
| First Use In Commerce Date | Wednesday, September 1, 2021 |
| 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, August 5, 2021 |
| Primary Code | 035 |
| First Use Anywhere Date | Wednesday, September 1, 2021 |
| First Use In Commerce Date | Wednesday, September 1, 2021 |
| 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 | Thursday, August 5, 2021 |
| Primary Code | 041 |
| First Use Anywhere Date | Wednesday, September 1, 2021 |
| First Use In Commerce Date | Wednesday, September 1, 2021 |
| 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, August 5, 2021 |
| Primary Code | 042 |
| First Use Anywhere Date | Wednesday, September 1, 2021 |
| First Use In Commerce Date | Wednesday, September 1, 2021 |
| 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 | Thursday, August 5, 2021 |
| Primary Code | 044 |
| First Use Anywhere Date | Wednesday, September 1, 2021 |
| First Use In Commerce Date | Wednesday, September 1, 2021 |
| Party Name | Hyper Ice, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Irvine, CA 92618 |
| Party Name | Hyper Ice, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Irvine, CA 92618 |
| Event Date | Event Description |
| Thursday, August 5, 2021 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, May 6, 2021 | NEW APPLICATION ENTERED |
| Wednesday, September 8, 2021 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| Tuesday, October 26, 2021 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Tuesday, October 26, 2021 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, October 26, 2021 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Wednesday, December 1, 2021 | ASSIGNED TO EXAMINER |
| Thursday, December 9, 2021 | NON-FINAL ACTION WRITTEN |
| Thursday, December 9, 2021 | NON-FINAL ACTION E-MAILED |
| Thursday, December 9, 2021 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, May 9, 2022 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, May 9, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, May 9, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, February 27, 2023 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, February 27, 2023 | EXAMINERS AMENDMENT E-MAILED |
| Monday, February 27, 2023 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, February 27, 2023 | EXAMINER'S AMENDMENT ENTERED |
| Monday, March 6, 2023 | FINAL REFUSAL WRITTEN |
| Monday, March 6, 2023 | FINAL REFUSAL E-MAILED |
| Monday, March 6, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, May 4, 2023 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Thursday, May 4, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, May 5, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, May 9, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, June 13, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, May 24, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, June 13, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, August 8, 2023 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Monday, August 5, 2024 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Thursday, January 25, 2024 | SOU TEAS EXTENSION RECEIVED |
| Thursday, January 25, 2024 | SOU EXTENSION 1 FILED |
| Thursday, January 25, 2024 | SOU EXTENSION 1 GRANTED |
| Saturday, January 27, 2024 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Monday, August 5, 2024 | SOU TEAS EXTENSION RECEIVED |
| Tuesday, November 19, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Monday, August 5, 2024 | SOU EXTENSION 2 GRANTED |
| Monday, August 5, 2024 | SOU EXTENSION 2 FILED |
| Tuesday, November 19, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, November 19, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, February 10, 2025 | USE AMENDMENT FILED |
| Wednesday, April 23, 2025 | STATEMENT OF USE PROCESSING COMPLETE |
| Wednesday, April 23, 2025 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Wednesday, May 21, 2025 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, May 21, 2025 | NON-FINAL ACTION E-MAILED |
| Wednesday, May 21, 2025 | SU - NON-FINAL ACTION - WRITTEN |
| Monday, February 10, 2025 | TEAS STATEMENT OF USE RECEIVED |