| Serial Number | 98100044 |
| Word Mark | HEALTHY LIVING HOME MEDICAL |
| Filing Date | Tuesday, July 25, 2023 |
| Status | 686 - PUBLISHED FOR OPPOSITION |
| Status Date | Tuesday, August 13, 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 | Tuesday, August 13, 2024 |
| Description of Mark | The mark consists of a stylized human figure with outstretched arms and legs superimposed on top of a design of three overlapping triangular shapes with rounded corners. To the right of the design is the wording "HEALTHY LIVING" in large stylized letters above "HOME MEDICAL" in smaller stylized letters. |
| Goods and Services | Metal bathtub grab bars |
| Goods and Services | Nutritional supplements, namely, vitamins and minerals, dietetic foods adapted for medical purposes; adult and baby diapers; ultra violet ray disinfecting sanitizers in the nature of sanitizing preparations for household use |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Online retail store services featuring home healthcare products and accessories |
| Goods and Services | Wheelchairs to aid in mobility for use in the field of home medical equipment |
| Goods and Services | Counseling services in the field of health, namely, sleep apnea, nutrition, diabetes, and new parenting |
| NOT AVAILABLE | HEALTHY LIVING HOME MEDICAL |
| Goods and Services | Medical apparatus and therapeutic devices, namely, canes, crutches, walkers to aid in mobility, rollators; Medical apparatus and therapeutic devices adapted for physically challenged persons, namely, bath lifts for mobility-impaired persons, commode chairs and toilet safety frames to aid in bath safety; Heat therapy, electrotherapy and cold therapy devices for pain management, namely, heating pads, therapy wraps, electrotherapy devices for providing transcutaneous electrical nerve stimulation, infrared heat and compression; Medical devices for treating sleep disorders, namely, continuous positive airway pressure (CPAP) devices, humidifier chambers, CPAP breathing masks, oxygen concentrators; Health monitors consisting of blood pressure monitors, heart rate monitors, pedometers and diabetic testing products in the nature of medical test kits for diabetes monitoring for home use; Nebulizers for respiratory medication, Breast pumps, and Apnea monitors for monitoring of infant heartrate and breathing; all of the foregoing goods being medical apparatus and therapeutic devices for use in the field of home medical equipment, sleep therapy, oxygen therapy, maternity, and baby care; personal health monitoring devices for at-home health management, namely, health monitors comprising sensors that monitor the health of the elderly or disabled in their own homes |
| Goods and Services | Shower chairs; bathtub grab bars, not made of metal |
| International Class | 005 - Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| US Class Codes | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, August 23, 2023 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 006 - Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. |
| US Class Codes | 002, 012, 013, 014, 023, 025, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, August 23, 2023 |
| Primary Code | 006 |
| 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 | Wednesday, August 23, 2023 |
| Primary Code | 010 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 012 - Vehicles; apparatus for locomotion by land, air, or water. |
| US Class Codes | 019, 021, 023, 031, 035, 044 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, August 23, 2023 |
| Primary Code | 012 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 020 - Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. |
| US Class Codes | 002, 013, 022, 025, 032, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, August 23, 2023 |
| Primary Code | 020 |
| 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 | Wednesday, August 23, 2023 |
| Primary Code | 035 |
| 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 | Wednesday, August 23, 2023 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Apria Healthcare Group LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Indianapolis, IN 46237 |
| Party Name | Apria Healthcare Group LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Indianapolis, IN 46237 |
| Event Date | Event Description |
| Friday, July 28, 2023 | NEW APPLICATION ENTERED |
| Wednesday, December 27, 2023 | ASSIGNED TO EXAMINER |
| Wednesday, January 3, 2024 | NON-FINAL ACTION WRITTEN |
| Wednesday, August 23, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, August 24, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, January 3, 2024 | NON-FINAL ACTION E-MAILED |
| Wednesday, January 3, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, March 14, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, March 14, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, March 14, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, April 3, 2024 | FINAL REFUSAL WRITTEN |
| Wednesday, April 3, 2024 | FINAL REFUSAL E-MAILED |
| Wednesday, April 3, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Monday, June 17, 2024 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Monday, June 17, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, June 17, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, July 8, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, July 24, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, August 13, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, August 13, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |