| Serial Number | 79410864 |
| Word Mark | MYNIGHT |
| Filing Date | Saturday, October 12, 2024 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Friday, February 21, 2025 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Educational services, namely, conducting classes, seminars, and workshops in the field of wellness, sleep health, sleep hygiene, insomnia, chronic disease, sleep disorders and respiratory disorders; patient coaching in the field of wellness, sleep health, sleep hygiene, insomnia, sleep disorders and respiratory disorders |
| Goods and Services | Downloadable software for accessing data, information, educational information and educational insights in the field of wellness, sleep health, sleep hygiene, insomnia, chronic disease, sleep disorders and respiratory; downloadable software for CBTi therapy for the treatment of insomnia; apparatus for generating noise, namely, electronic noise filters, eyeglasses and sunglasses, electric sensors, motion detectors and monitoring instruments, namely, cameras, acoustic and vibration detectors, and accelerometers, audio devices, namely, apparatus for recording, transmission and reproduction of sound, sound and music recordings, namely, musical sound recordings and sound recordings featuring sleep stories, ambient environmental sounds, and spoken word recordings, audio analyzers, wearable computers in the nature of smartwatches, activity trackers, audio equipment, namely, headphones, cameras, computer hardware, computer peripherals, communications apparatus, namely, headsets for remote communication, wireless communication devices for voice, data or image transmission, displays, namely, electronic display interfaces, smartwatches, smart wristbands, namely, GPS tracking wristbands, virtual reality headsets and monitors in the nature of video display monitors, all for use in the field of wellness, sleep health, sleep hygiene, insomnia, chronic disease, sleep disorders and respiratory disorders |
| Goods and Services | Teas for medicinal use, nutritional supplements for human beings, nutritional supplements, all for wellness, sleep health, sleep hygiene, insomnia, chronic disease, sleep disorders and respiratory disorders |
| Pseudo Mark | MY NIGHT |
| Goods and Services | Sleeping attire, namely, sleep shirts, sleep pants, sleep masks incorporating headphones, sleeping garments; sleepwear; pyjamas/pajamas; slippers; dressing gowns; bed socks; sleep masks; smart clothing, namely, shirts, socks, and sleep masks incorporating digital sensors |
| Goods and Services | Essential oils, aromatic preparations, namely, aromatherapy sprays comprised of essential oils and essential oil-based creams for aromatherapy use, aromatic oil, scented oils, air fragrance reed diffusers, refills for diffusers for air fragrancing preparations, namely, refills for electric and non-electric diffusers for air fragrancing preparations, all in the field of wellness, sleep health, sleep hygiene, insomnia, chronic disease, sleep disorders and respiratory disorders |
| Goods and Services | Bed linen; bed blankets; bed covers; bedsheets; pillowcases; mattress covers; mattress protectors, other than incontinence, namely, mattress pads |
| Goods and Services | Retail or wholesale store services featuring medical devices and medical parts and medical accessories therefor; retail or wholesale store services featuring therapeutic and nontherapeutic goods for use in the field of wellness, sleep health, sleep hygiene, insomnia, chronic disease, sleep disorders and respiratory disorders |
| Goods and Services | Medical services in the field of wellness, sleep health, sleep hygiene, insomnia, chronic disease, sleep disorders and respiratory disorders; providing an Internet website patient portal providing medical information relating to wellness, sleep health, sleep hygiene, insomnia, chronic disease, sleep disorders and respiratory disorders; providing an Internet website patient portal providing medical information regarding CBTi therapy for the treatment of insomnia |
| Goods and Services | Medical devices for use in diagnosing, monitoring and treating wellness, sleep health, sleep hygiene, insomnia, chronic disease, sleep disorders and respiratory disorders; therapeutic cushions and therapeutic pillows for medical purposes, therapeutic mattresses for medical purposes, patient positioning tools for medical use, namely, positioning cushions for medical and physical therapy use, massage apparatus for the eyes, massage apparatus for personal use, light therapy devices, namely, sleep therapy apparatus using light, light emitting diode masks for therapeutic use, namely, sleep therapy apparatus using light, sensors for medical use, namely, patient monitoring sensors and respiratory sensors, ear plugs for noise reduction, wearable monitors used to measure biometric data for medical purposes, all for use in the field of wellness, sleep health, sleep hygiene, insomnia, chronic disease, sleep disorders and respiratory disorders |
| Goods and Services | Beds; bedding, except linen, namely, bed fittings not of metal; pillows; mattresses; mattress bases, namely, bed frames |
| Goods and Services | Software as a service (SAAS) services featuring software for tracking, monitoring and medical reporting of data relating to wellness, sleep health, sleep hygiene, insomnia, chronic disease, sleep disorders and respiratory disorders |
| International Class | 024 - Textiles and textile goods, not included in other classes; beds and table covers. |
| US Class Codes | 042, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, November 28, 2024 |
| Primary Code | 024 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, November 28, 2024 |
| Primary Code | 025 |
| 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 | Thursday, November 28, 2024 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| US Class Codes | 001, 004, 006, 050, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, November 28, 2024 |
| Primary Code | 003 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Thursday, November 28, 2024 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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, November 28, 2024 |
| 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 | Thursday, November 28, 2024 |
| Primary Code | 010 |
| 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 | Thursday, November 28, 2024 |
| Primary Code | 020 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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, November 28, 2024 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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, November 28, 2024 |
| Primary Code | 042 |
| 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 | Thursday, November 28, 2024 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | ResMed Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Event Date | Event Description |
| Thursday, November 28, 2024 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, December 2, 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, December 2, 2024 | APPLICATION FILING RECEIPT MAILED |
| Saturday, December 14, 2024 | NON-FINAL ACTION WRITTEN |
| Wednesday, December 11, 2024 | ASSIGNED TO EXAMINER |
| Tuesday, December 31, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, December 31, 2024 | REFUSAL PROCESSED BY MPU |
| Friday, January 17, 2025 | REFUSAL PROCESSED BY IB |
| Sunday, December 15, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, February 21, 2025 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, February 21, 2025 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, February 21, 2025 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |