| Serial Number | 79345117 |
| Word Mark | VIRTUSAN |
| Filing Date | Tuesday, January 25, 2022 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, July 9, 2024 |
| Registration Number | 7435191 |
| Registration Date | Tuesday, July 9, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, April 23, 2024 |
| Goods and Services | Education services, namely, providing classes, seminars and workshops in the fields of healthcare and personal behavior analysis; education services, namely, providing online classes, seminars and workshops in the fields of healthcare and personal behavior analysis; training in the fields of healthcare and personal behavior analysis; entertainment services, namely, contest and incentive award programs designed to reward program participants who exercise, make healthy eating choices, and engage in other health-promoting activities; organizing community sporting and cultural events; personal fitness training services; providing information relating to physical fitness training via an on-line web site |
| Description of Mark | The mark consists of a wavy band in shades of blue, purple, red and orange followed underneath by the stylized wording "VIRTUSAN" in gray. |
| Goods and Services | Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; digital materials, namely, downloadable multimedia files containing text, data, audio, and images in the fields of healthcare, personal behavior analysis, fitness and exercise; computer hardware; recorded computer software for receiving text message alerts, for instant messaging, for sending and receiving emails, and for setting appointment reminders; recorded computer software for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; downloadable computer software for receiving text message alerts, for instant messaging, for sending and receiving emails and for setting appointment reminders; downloadable computer software for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; downloadable software for smartphones and mobile devices for providing personal training services, coaching, workouts and healthcare assessments in the fields of healthcare, personal behavior management, fitness and exercise; recorded computer application software for smartphones and mobile devices for providing personal training services, coaching, workouts and healthcare assessments in the fields of healthcare, personal behavior management, fitness and exercise; downloadable software in the nature of a mobile application for providing personal training services, coaching, workouts and healthcare assessments in the fields of healthcare, personal behavior management, fitness and exercise; downloadable computer software using artificial intelligence for machine learning; downloadable interactive software using artificial intelligence for providing personal training services, coaching, workouts and fitness assessments in the fields of fitness and exercise; downloadable interactive software using artificial intelligence for creating personalized health care training programs; downloadable computer software using artificial intelligence for scientific analysis of healthcare and personal behavior; downloadable computer software using artificial intelligence for machine learning in the field of big data analysis; downloadable computer software for monitoring healthcare services and personal behavior; downloadable computer software using artificial intelligence for providing personal training services, coaching, workouts and healthcare assessments in the fields of healthcare, personal behavior management, fitness and exercise; downloadable computer software using artificial intelligence for creating personalized healthcare training programs; computer peripheral devices |
| Indication of Colors claimed | The color(s) blue, purple, red, orange and gray is/are claimed as a feature of the mark. |
| Goods and Services | Medical services; hygienic and beauty care for human beings; hygienic and beauty care for animals; health care and beauty care for human beings; medical and health care services; managed health care services; behavioral analysis for medical purposes; medical counseling relating to stress; health counseling; medical consultancy services relating to personal behavior; provision of psychological risk assessment services and providing medical information relating to behavioral modification and stress management; providing information in the field of healthcare, in particular via the Internet |
| Goods and Services | Design and development of computer hardware and software; customization of software; hosting the websites of others; Software as a Service (SaaS) services featuring software for receiving text message alerts, for instant messaging, for sending and receiving emails, for setting appointment reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; Software as a Service (SaaS) services featuring software for providing personal training services, coaching, workouts and healthcare assessments in the fields of healthcare, personal behavior management, fitness and exercise; Software as a Service (SaaS) services featuring temporary use of on-line non-downloadable application software for providing personal training services, coaching, workouts and healthcare assessments in the fields of healthcare, personal behavior management, fitness and exercise; Software as a Service (SaaS) services featuring software using artificial intelligence for machine learning; Software as a Service (SaaS) services featuring interactive software using artificial intelligence for providing personal training services, coaching, workouts and fitness assessments in the fields of fitness and exercise; Software as a Service (SaaS) services featuring interactive software using artificial intelligence for creating personalized health care training programs; Software as a Service (SaaS) services featuring computer software using artificial intelligence for scientific analysis of healthcare and personal behavior; Software as a Service (SaaS) services featuring software using artificial intelligence for machine learning in the field of big data analysis; Software as a Service (SaaS) services featuring software for monitoring healthcare services and personal behavior; Software as a Service (SaaS) services featuring software using artificial intelligence for providing personal training services, coaching, workouts and healthcare assessments in the fields of healthcare, personal behavior management, fitness and exercise; Software as a Service (SaaS) services featuring software using artificial intelligence for creating personalized healthcare training programs; Platform as a Service (PaaS) featuring computer software platforms for providing personal training services, coaching, workouts and fitness assessments in the fields of healthcare, personal behavior management, fitness and exercise; providing temporary use of on-line non-downloadable applications and software tools for providing personal training services, coaching, workouts and fitness assessments in the fields of healthcare, personal behavior management, fitness and exercise; application service provider (ASP), namely, hosting computer software applications of others |
| 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 | Friday, July 15, 2022 |
| Primary Code | 009 |
| 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 | Friday, July 15, 2022 |
| 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 | Friday, July 15, 2022 |
| 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 | Friday, July 15, 2022 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Virtusan AG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | CH |
| Party Name | Virtusan AG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | CH |
| Party Name | Virtusan AG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | CH |
| Event Date | Event Description |
| Thursday, July 14, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, July 15, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, July 19, 2022 | APPLICATION FILING RECEIPT MAILED |
| Friday, November 4, 2022 | ASSIGNED TO EXAMINER |
| Wednesday, November 9, 2022 | NON-FINAL ACTION WRITTEN |
| Thursday, November 10, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, January 19, 2023 | REFUSAL PROCESSED BY MPU |
| Thursday, January 19, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, February 7, 2023 | REFUSAL PROCESSED BY IB |
| Monday, July 17, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, July 17, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, July 17, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, August 11, 2023 | FINAL REFUSAL WRITTEN |
| Friday, August 11, 2023 | FINAL REFUSAL E-MAILED |
| Friday, August 11, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, December 20, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, December 20, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Sunday, January 7, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Sunday, February 11, 2024 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Sunday, February 11, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Sunday, February 11, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, February 22, 2024 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, February 22, 2024 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, February 22, 2024 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, February 22, 2024 | EXAMINER'S AMENDMENT ENTERED |
| Sunday, March 17, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, April 23, 2024 | PUBLISHED FOR OPPOSITION |
| Wednesday, April 3, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, April 3, 2024 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, April 3, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, April 23, 2024 | NOTIFICATION PROCESSED BY IB |
| Tuesday, April 23, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, July 9, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, October 9, 2024 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, July 9, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |