| Serial Number | 79120421 |
| Word Mark | H/P/COSMOS |
| Filing Date | Tuesday, April 3, 2012 |
| Status | 706 - SECTION 71 ACCEPTED |
| Status Date | Friday, January 24, 2020 |
| Registration Number | 4409112 |
| Registration Date | Tuesday, October 1, 2013 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, July 16, 2013 |
| Description of Mark | The mark consists of the wording "h/p/cosmos" in white on a black background with a vertical blue swath on the right end. |
| Goods and Services | Software for the documentation, visualisation, calculation and analysis of the blood lactate values and performance status of test persons and patients with integrated functions for training control and the evaluation of sports medical parameters, and for the control of ergometers; software for the documentation, visualisation, calculation and analysis of body movements, power trend curves, velocity trend curves, angular velocities, as well as ground reaction forces and the performance status of test person and patients with integrated functions for training control and the evaluation of sports medical parameters, and for the control of ergometers; software for ergometric apparatus for cardio-respiratory diagnostics and cardiovascular training; electronic apparatus for data management for medical use, namely, computers for data management, data processors, electronic data loggers; Electric and electronic apparatus for measuring and improving reaction time, namely, optical sensors and contact mats in conjunction with software and optical and acoustic signals and biofeedback apparatus; software for the documentation and control of rehabilitative and sports medical activities; control software for all the aforesaid instruments and apparatus, and for peripheral devices thereof; scientific, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking, supervision and teaching apparatus and instruments, except experimental lab kits, namely, cameras, optical disc drives, surveying chains; calculating machines and data processing equipment; computer hardware and software for medical imaging apparatus, medical diagnostic apparatus and processing digital music files and parts thereof, included in this class; apparatus for recording, transmission or reproduction of sound or images; electronic display boards; remote control apparatus for treadmills, ergometers and ergometry apparatus; downloadable electronic publications in the nature of magazines, newspapers, books, newsletters, scientific reports, whitepapers, operation manuals, application manuals in the field of neurology, biomechanics, sports science, sports medicine, medicine, rehabilitation, sports and fitness; pedometers in the nature of step counters; Apparatus for recording, reproduction, and processing of data, namely, electronic equipment and apparatus for the optical and magnetic recording and processing of data relating to movement processes; interfaces, namely, interfaces for computers, computer interface boards, graphical user interface software, treadmill interfaces, ergometer interface and interfaces for ergometry apparatus; interface converters and interface data protocols for all the aforesaid instruments and apparatus, and for peripheral devices thereof, namely, interfaces for treadmills, ergometers, ergometry apparatus, body exercise apparatus, detectors, peripheral component interface (PCI) hardware; electronic apparatus for testing strength; weighing machines; pressure-measuring apparatus, namely, pressure sensors, pressure indicators, pressure gauges; control software for all the aforesaid instruments and apparatus, and for peripheral devices thereof; all the aforesaid goods included in this class, for use in connection with treadmill ergometers and other ergometers and configurated ergometry apparatus systems thereof, or being fittings and apparatus for sports, fitness, medicine, therapy or sports science, included in this class; ergometers and physiological power meters not for medical purposes; wheelchair ergometers, medical treadmill-ergometers and other medical ergometers for rehabilitation, cardiology and ergospirometry for cardiorespiratory stress tests, not for medical purposes |
| Goods and Services | Gymnastic, fitness, and sporting apparatus, namely, treadmills, ladder apparatus in the nature of continuous ladders and climbing equipment, bicycle trainers, steppers, and exercise machines in the nature of arm trainers, cross-trainers as full body trainer, and sprint trainers featuring traction support and traction resistance trainers; games, playthings, gymnastic and sporting articles, not included in other classes, namely, exercise machines, rowing machines, basketballs, football goals; fitness apparatus, namely, manually-operated exercise equipment for physical fitness purposes, exercise bands, training bars; electronic, mechanical, hydraulic and pneumatic power training equipment and endurance training equipment, namely, elliptical exercise machines, rowing machines, weight lifting machines |
| Indication of Colors claimed | The color(s) black, white and blue is/are claimed as a feature of the mark. |
| Goods and Services | Orthopaedic aids, namely, walking aids except ridable walking aids; medical apparatus, namely, strain-relief, unweighting apparatus with patient jackets; traction apparatus for medical use; medical and physical therapy apparatus, namely, motion training apparatus for the locomotion and mobilisation of patients; medical apparatus for body exercise and physical therapy, namely, wheelchair-trainers for orthopedic training, for orthopedic rehabilitation, mobilisation and strength training of muscles; medical apparatus for body exercise and physical therapy, namely, cable control apparatus with weights and electronically controlled load simulation, for rehabilitation purposes; body rehabilitation apparatus for medical purposes; cable control apparatus and power training equipment for physiotherapy; medical apparatus, namely, artificial limbs in the nature of pneumatic arms and electromechanically operated arms for the disabled; active and passive movement apparatus for rehabilitation purposes in the nature of a motor-operated apparatus for moving limbs; technical medical apparatus and instruments for body exercise and physical therapy; medical instruments and apparatus for medical applications, in particular for research, diagnostic, therapeutic and patient monitoring purposes, namely, cardiorespiratory diagnostic apparatus, body movement imaging apparatus, blood pressure monitors; medical monitoring and recording instruments, namely, cardiographs and for monitoring and recording cardiovascular and, respiratory events; medical monitoring and recording instruments, namely, pulse measuring devices, pulse meters, heart monitors, heart rate monitors, and electroencephalographs; medical monitoring and recording instruments, namely, blood lactate meter; medical monitoring and recording instruments, namely, wheelchair-ergometers, medical treadmill-ergometers and other medical ergometers for rehabilitation, cardiology and ergospirometry for cardiorespiratory stress tests, for medical purposes; racks exclusively for medical apparatus and the peripheral devices thereof; parts and spare parts for all the aforesaid instruments and apparatus |
| 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 | Wednesday, November 28, 2012 |
| Primary Code | 009 |
| 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, November 28, 2012 |
| Primary Code | 010 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Wednesday, November 28, 2012 |
| Primary Code | 028 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | h/p/cosmos sports & medical GmbH |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Nußdorf 83365 DE |
| Party Name | h/p/cosmos sports & medical GmbH |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | DE |
| Party Name | h/p/cosmos sports & medical GmbH |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | DE |
| Event Date | Event Description |
| Wednesday, November 28, 2012 | ASSIGNED TO EXAMINER |
| Thursday, November 22, 2012 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Tuesday, November 27, 2012 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| Wednesday, November 28, 2012 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, December 4, 2012 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, December 5, 2012 | NON-FINAL ACTION WRITTEN |
| Thursday, December 6, 2012 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, December 6, 2012 | REFUSAL PROCESSED BY MPU |
| Thursday, December 6, 2012 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, January 1, 2013 | REFUSAL PROCESSED BY IB |
| Monday, June 3, 2013 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, June 3, 2013 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, June 6, 2013 | ASSIGNED TO LIE |
| Thursday, June 6, 2013 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, June 6, 2013 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, June 7, 2013 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, June 11, 2013 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, June 26, 2013 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, June 26, 2013 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, June 26, 2013 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, July 16, 2013 | PUBLISHED FOR OPPOSITION |
| Tuesday, July 16, 2013 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Monday, July 22, 2013 | NOTIFICATION PROCESSED BY IB |
| Tuesday, October 1, 2013 | REGISTERED-PRINCIPAL REGISTER |
| Monday, October 21, 2013 | NEW REPRESENTATIVE AT IB RECEIVED |
| Wednesday, October 23, 2013 | NEW REPRESENTATIVE AT IB RECEIVED |
| Wednesday, January 1, 2014 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Monday, October 1, 2018 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, February 21, 2014 | FINAL DISPOSITION PROCESSED |
| Friday, February 21, 2014 | FINAL DISPOSITION NOTICE SENT TO IB |
| Thursday, March 13, 2014 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, April 4, 2019 | NEW REPRESENTATIVE AT IB RECEIVED |
| Saturday, November 30, 2019 | TEAS SECTION 71 RECEIVED |
| Thursday, January 23, 2020 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Friday, January 24, 2020 | REGISTERED-SEC.71 ACCEPTED |
| Friday, January 24, 2020 | NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED |
| Thursday, April 21, 2022 | INTERNATIONAL REGISTRATION RENEWED |
| Tuesday, May 3, 2022 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Tuesday, May 3, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, May 3, 2022 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, May 3, 2022 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS |
| Tuesday, May 3, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, May 3, 2022 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Saturday, October 1, 2022 | COURTESY REMINDER - SEC. 71 (10-YR) E-MAILED |
| Tuesday, September 19, 2023 | TEAS SECTION 71 RECEIVED |
| Friday, October 13, 2023 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, October 13, 2023 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, May 10, 2024 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Tuesday, May 14, 2024 | POST REGISTRATION ACTION MAILED - SEC.71 |
| Tuesday, May 14, 2024 | TEAS RESPONSE TO OFFICE ACTION-POST REG RECEIVED |
| Friday, October 13, 2023 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |