| Serial Number | 85243837 |
| Word Mark | MYBREATH |
| Filing Date | Wednesday, February 16, 2011 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, May 11, 2018 |
| Registration Number | 4034384 |
| Registration Date | Tuesday, October 4, 2011 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, July 19, 2011 |
| Indication of Colors claimed | The color(s) blue and light blue is/are claimed as a feature of the mark. |
| Description of Mark | The mark consists of the stylized wording "MYBREATH", with the term "MY" appearing in light blue and the term "BREATH" appearing in blue. Above the wording appears the stylized design of a person from head to waist with both arms raised up and bending to the right, with a shadow of the design appearing to the right. The torso and arms appear in the color blue, the shadow and head appear in light blue. |
| Goods and Services | Computer application software for mobile phones, mobile devices, imbedded systems, and personal computers, namely, software for Identification, measurement, analysis of acoustical respiration characteristics, for Acoustical monitoring, feedback, detection of respiratory conditions, for Diagnosing or treating respiratory conditions, for Medical devices for monitoring respiratory events and system that transmit the data through the Internet, for Medical products, namely, biofeedback sensors, for Medical products, namely, respiratory sensors, for Portable medical devices used for breathing exercises and respiratory muscle training, and for health and fitness for improving respiratory functions; Computer hardware and peripheral devices and computer software for data communication and translating and transmitting data sold therewith; Computer software that provides web-based access to applications and services through a web operating system or portal interface; Medical software for Identification, measurement, analysis of acoustical respiration characteristics, for Acoustical monitoring, feedback, detection of respiratory conditions, for Diagnosing or treating respiratory conditions, for Medical devices for monitoring respiratory events and system that transmit the data through the Internet, for Medical products, namely, biofeedback sensors, for Medical products, namely, respiratory sensors, for Portable medical devices used for breathing exercises and respiratory muscle training, and for health and fitness for improving respiratory functions |
| Goods and Services | Application service provider (ASP) featuring software for Identification, measurement, analysis of acoustical respiration characteristics, for Acoustical monitoring, feedback, detection of respiratory conditions, for Diagnosing or treating respiratory conditions, for Medical devices for monitoring respiratory events and system that transmit the data through the Internet, for Medical products, namely, biofeedback sensors, for Medical products, namely, respiratory sensors, for Portable medical devices used for breathing exercises and respiratory muscle training, and for health and fitness for improving respiratory functions; Application service provider featuring application programming interface (API) software for allowing data retrieval, upload, access and management; Application service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; Software as a service (SAAS) services featuring software for Identification, measurement, analysis of acoustical respiration characteristics, for Acoustical monitoring, feedback, detection of respiratory conditions, for Diagnosing or treating respiratory conditions, for Medical devices for monitoring respiratory events and system that transmit the data through the Internet, for Medical products, namely, biofeedback sensors, for Medical products, namely, respiratory sensors, for Portable medical devices used for breathing exercises and respiratory muscle training, and for health and fitness for improving respiratory functions |
| Pseudo Mark | MY BREATH |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, May 11, 2018 |
| Primary Code | 009 |
| First Use Anywhere Date | Monday, March 1, 2010 |
| First Use In Commerce Date | Wednesday, July 21, 2010 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, May 11, 2018 |
| Primary Code | 042 |
| First Use Anywhere Date | Monday, March 1, 2010 |
| First Use In Commerce Date | Wednesday, July 21, 2010 |
| Party Name | BreathResearch, Inc |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Walnut Creek, CA 94597 |
| Party Name | BreathResearch, Inc |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Walnut Creek, CA 94597 |
| Party Name | BreathResearch, Inc |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Walnut Creek, CA 94597 |
| Event Date | Event Description |
| Friday, May 11, 2018 | CANCELLED SEC. 8 (6-YR) |
| Tuesday, October 4, 2016 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Tuesday, October 4, 2011 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, July 19, 2011 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, July 19, 2011 | PUBLISHED FOR OPPOSITION |
| Friday, June 10, 2011 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Saturday, June 4, 2011 | ASSIGNED TO LIE |
| Wednesday, May 18, 2011 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, May 18, 2011 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, May 18, 2011 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, May 18, 2011 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, May 18, 2011 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, May 18, 2011 | ASSIGNED TO EXAMINER |
| Wednesday, February 23, 2011 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Tuesday, February 22, 2011 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Saturday, February 19, 2011 | NEW APPLICATION ENTERED IN TRAM |