| Serial Number | 98227484 |
| Word Mark | RX FOOD |
| Filing Date | Tuesday, October 17, 2023 |
| Status | 641 - NON-FINAL ACTION - MAILED |
| Status Date | Monday, June 17, 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 wording "RX FOOD" appearing in stylized and capitalized text, with the "RX" wording appearing in bold and located above the wording "FOOD" with all the wording appearing in the lower right hand portion of a shaded square. |
| Goods and Services | Computer software and software applications for measuring and analysing the consumption and absorption of food and nutrients to enable healthcare providers to measure and assess the nutritional needs and requirements of individuals and to analyse the nutritional needs and requirements of individuals for the purpose of identifying medical conditions; Computer software for use by hospitals, clinics, and healthcare professionals to manage, review, and assess food and nutrient consumption by patients and clients; Application software for mobile phones used by individuals to measure, track and document their consumption of food and nutrients; Application software for mobile phones that enable an individual to measure, track, and document their consumption of food and nutrients using photos, written text, and audio recordings; Application software for mobile phones used by healthcare service providers to measure, track, document, and assess food and nutrients consumed by their patients and clients; Computer software used to gather, process, track, compare, and analyse medical, nutritional, and wellness data based on an individual's intake and absorption of food and nutrients; Computer software used by medical clinicians to generate personalized food and nutrition based treatment for patients; Computer software for use in generation of food recipes and food labels tailored to the medical, nutritional, and wellness requirements of patients and clients; Computer software for use in collecting, tracking, monitoring, analysing, and treating medical and health information; Computer software for use in assessing and predicting nutritional requirements, and generating recommendations for food and nutritional consumption; Computer software that automatically generates recipes that are customized to an individual's health and past consumption patterns; Computer software that automatically designs meals that are customized to an individuals' health and past consumption patterns; Computer software that automatically arranges for delivery of meals that are customized to an individuals' health and past consumption patterns; Application programming interface (API) software for recognizing, identifying, analysing food, and for generating information about the food to assist in dietary decision-making; Computer software for use by hospitals, clinics, and healthcare professionals to track and oversee patient food consumption and nutrient intake; Computer software for use by insurance providers to track and measure, dietary reporting generated by individuals, and food recommendations made for individuals; Computer software for use by hospitals, clinics, and healthcare professionals to manage the nutritional status of patients and clients, to design patient and client meals, to track patient and client consumption, to detect concerns about a patient's or client's consumption of food and nutrients, to generate alarms when a patient's or client's consumption of food or nutrients poses a health or wellness risk, to generate food and nutrient observations and recommendations customized to individual patients and clients; Computer software for use in opening and maintaining accounts and records for new customers in the field of food and nutritional management |
| Goods and Services | Food delivery service; Delivery of food that is customized to an individual's nutritional and dietary requirements |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Dietary and nutritional testing services that measure and analyse the consumption of food and nutrients to enable healthcare providers to measure medical conditions of patients and clients, to prevent medical conditions of patients and clients, and to manage, mitigate, or treat medical conditions of patients and clients; Consulting services in the field of food, nutrition, and the management and treatment of medical conditions; Consulting services, namely, advising patients, clients, and healthcare professionals in relation to wellness and the management and treatment of medical conditions; Cloud-based platform that remotely monitors, tracks, analyses, and diagnoses medical, and nutritional patient data; A cloud-based platform that automatically arranges for delivery of meals that are customized to an individual's medical conditions, states of health, and past consumption patterns; A cloud-based platform that is used by insurance providers to track and measure, dietary reporting generated by individuals and food recommendations made for individuals; Consulting services in the field of food and nutrition, namely, gathering, processing, analysing, and comparing data about an individual's consumption and absorption of food and nutrients and the role of food and nutrients in medical conditions, health, and wellness; Cloud-based platform that enables medical clinicians and healthcare service providers to generate personalized food and nutrition based treatments for patients; Cloud-based platform that enables medical clinicians and healthcare service providers to generate personalized recipes and food labels for patients and clients; A cloud-based platform that is used by hospitals, clinics, and healthcare professionals to track and oversee patient food consumption and nutrient intake of individuals; A cloud-based platform that is used by hospitals, clinics, and healthcare professionals to manage the nutritional status of patients and clients, to design patient and client meals, to track patient's and client's consumption of food and nutrients, to detect health and wellness concerns about a patient's or client's consumption of food and nutrients, to generate alarms when a patient's or client's consumption of food or nutrients poses a health or wellness risk, to generate food and nutrient observations and recommendations customized to individual patients and clients |
| NOT AVAILABLE | "FOOD" |
| Goods and Services | Blood glucose monitors; Blood insulin monitors; Blood ketone monitors |
| Goods and Services | Cloud-based platform used by hospitals, clinics, and healthcare professionals to measure, manage, review, and assess the consumption of food and nutrients by patients and clients; Cloud-based platform that enables individuals to measure, track, and document their consumption of food and nutrients; Cloud-based platform that enables individuals to measure, track, and document their consumption of food and nutrients using photos, written text, and audio recordings; Cloud-based platform that enables healthcare service providers to monitor, track, measure, document, and assess food and nutrients consumed by their patients and clients; A cloud-based platform that assesses and predicts an individual's nutritional requirements, and generates recommendations for food and nutritional consumption by the individual; A cloud-based platform that automatically generates recipes that are customized to an individual's health and past consumption patterns; A cloud-based platform that automatically designs meals that are customized to an individuals' health and past consumption patterns; Application service provider services featuring application programming interface (API) software for recognizing, identifying, and analysing food to assist in dietary decision-making; A cloud-based platform that is used to open and maintain accounts and records for new customers in the field of food and nutritional management |
| 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, October 24, 2023 |
| 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 | Tuesday, October 24, 2023 |
| Primary Code | 010 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 039 - Transport; packaging and storage of goods; travel arrangement. |
| US Class Codes | 100, 105 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, October 24, 2023 |
| Primary Code | 039 |
| 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 | Tuesday, October 24, 2023 |
| Primary Code | 042 |
| First Use Anywhere Date | Thursday, March 31, 2022 |
| First Use In Commerce Date | Thursday, March 31, 2022 |
| 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 | Tuesday, October 24, 2023 |
| Primary Code | 044 |
| First Use Anywhere Date | Thursday, March 31, 2022 |
| First Use In Commerce Date | Thursday, March 31, 2022 |
| Party Name | RxFood Corporation |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Toronto, Ontario M5V2H1 CA |
| Event Date | Event Description |
| Friday, October 20, 2023 | NEW APPLICATION ENTERED |
| Tuesday, October 24, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, October 25, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Monday, June 3, 2024 | ASSIGNED TO EXAMINER |
| Monday, June 17, 2024 | NON-FINAL ACTION WRITTEN |
| Monday, June 17, 2024 | NON-FINAL ACTION E-MAILED |
| Monday, June 17, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, September 16, 2024 | APPLICATION EXTENSION TO RESPONSE PERIOD - RECEIVED |
| Monday, September 16, 2024 | APPLICATION EXTENSION GRANTED/RECEIPT PROVIDED |