| Serial Number | 97768868 |
| Word Mark | H HEARTIFY |
| Filing Date | Thursday, January 26, 2023 |
| Status | 760 - EX PARTE APPEAL PENDING |
| Status Date | Tuesday, July 16, 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 the word "HEARTIFY" appearing to the right of heart enclosing a stylized letter "H" depicted as an electrocardiogram electrical signal. |
| Goods and Services | Downloadable computer application software for mobile phones, namely, software for use in measurements of heart rate, heart rate variability, physiological stress, and physiological markers; Downloadable mobile applications for retrieving and displaying health information; Downloadable mobile applications for providing information relating to heart health, wellness, and well-being; Downloadable smartphone software for heart rate monitoring; Downloadable software in the nature of a mobile application for providing information relating to heart health, wellness, and well-being; Recorded computer application software for mobile phones, namely, software for providing information relating to heart health, wellness, and well-being; Downloadable Software as a Medical Device (SaMD) for diagnosing heart conditions and physiological stress; Downloadable Software as a Medical Device (SaMD) for use as a medical instrument for monitoring heart activity and health and physiological stress; Recorded Software as a Medical Device (SaMD) for diagnosing heart conditions and physiological stress; Recorded Software as a Medical Device (SaMD) for use as a medical instrument for monitoring heart activity and health and physiological stress; Software as a Medical Device (SaMD), downloadable, for analyzing heart rate data; Software as a Medical Device (SaMD), downloadable, for diagnosing heart conditions and physiological stress; Software as a Medical Device (SaMD), downloadable, for use as a medical instrument for monitoring heart activity and health and physiological stress; Software as a Medical Device (SaMD), recorded, for diagnosing heart conditions and physiological stress; Software as a Medical Device (SaMD), recorded, for use as a medical instrument for monitoring heart activity and health and physiological stress |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Software as a service (SAAS) services featuring software for use in measurements of heart rate, heart rate variability, physiological stress, and physiological markers; Software as a service (SAAS) services featuring software for providing information relating to heart health, health, wellness, and well-being |
| 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 | Tuesday, February 14, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | Friday, January 1, 2021 |
| First Use In Commerce Date | Saturday, December 11, 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 | Tuesday, February 14, 2023 |
| Primary Code | 042 |
| First Use Anywhere Date | Friday, January 1, 2021 |
| First Use In Commerce Date | Saturday, December 11, 2021 |
| Party Name | Heartify LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | NEWTON, MA 024611104 |
| Event Date | Event Description |
| Monday, January 30, 2023 | NEW APPLICATION ENTERED |
| Tuesday, February 14, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, February 15, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, September 26, 2023 | ASSIGNED TO EXAMINER |
| Tuesday, October 3, 2023 | NON-FINAL ACTION WRITTEN |
| Tuesday, October 3, 2023 | NON-FINAL ACTION E-MAILED |
| Tuesday, October 3, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, October 12, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, October 12, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, October 13, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, November 16, 2023 | FINAL REFUSAL WRITTEN |
| Thursday, November 16, 2023 | FINAL REFUSAL E-MAILED |
| Thursday, November 16, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Friday, February 16, 2024 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Friday, February 16, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Saturday, February 17, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Saturday, February 17, 2024 | EXPARTE APPEAL RECEIVED AT TTAB |
| Saturday, February 17, 2024 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Saturday, February 17, 2024 | EX PARTE APPEAL-INSTITUTED |
| Wednesday, February 21, 2024 | ACTION CONTINUING FINAL - COMPLETED |
| Wednesday, February 21, 2024 | ACTION DENYING REQ FOR RECON E-MAILED |
| Wednesday, February 21, 2024 | NOTIFICATION OF ACTION DENYING REQ FOR RECON E-MAILED |
| Tuesday, May 28, 2024 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Tuesday, July 16, 2024 | EXAMINERS STATEMENT E-MAILED |
| Tuesday, July 16, 2024 | NOTIFICATION OF EXAMINERS STATEMENT E-MAILED |
| Tuesday, July 16, 2024 | EXAMINERS STATEMENT - COMPLETED |
| Monday, November 4, 2024 | EX PARTE APPEAL-REFUSAL AFFIRMED |