| Serial Number | 79263653 |
| Word Mark | WITHINGS |
| Filing Date | Wednesday, March 27, 2019 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, July 14, 2020 |
| Registration Number | 6098336 |
| Registration Date | Tuesday, July 14, 2020 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, January 14, 2020 |
| Indication of Colors claimed | The color(s) black and green is/are claimed as a feature of the mark. |
| Description of Mark | The mark consists of the stylized wording "WITHINGS" all in black except for a small green plus sign representing the top section of the letter "T" and a small curve representing the lower section of the letter "T". The mark is shown against a white background, but white is not claimed as a feature of the mark. |
| Goods and Services | Electronic databases in the field of health, well-being, fitness, sleep cycles, respiration rate, heart rate, variables relating to the environment, namely, temperature, quality of air and light, as well as the surrounding noise during sleep, recorded on computer media; information display terminals, namely, touch sensitive display screens, computer screens, liquid display panels; positioning apparatus, namely, electronic navigational and positioning apparatus and instruments; apparatus for global positioning (GPS); electronic labels, namely, labels carrying electronically recorded or encoded information; oxygen regulators other than for medical purposes; monitoring apparatus other than for medical use, namely, voice display monitors, fitness monitors, video and audio baby monitors, electrochemical oxygen monitors for environmental use; respiratory monitoring apparatus other than for medical purposes; heart-beat recording devices other than for medical purposes; atmospheric oxygen monitors; travel distance monitors; wireless electronic apparatus for transmission of sound, images or data; wireless electronic apparatus for monitoring and controlling the function of other electronic apparatus; speed indicators; thermometers, not for medical purposes; personal electronic apparatus for displaying, measuring, recording, organizing, analyzing, manipulating and receiving data, text, images and audio files relating to health, well-being and fitness; receivers used for detecting, storing, and processing electronic data emanating from a sensor that records data relating to fitness activity, namely, data relating to time, distance, speed, heart rate and body rhythm, as well as calories burned; bathroom scales; baby scales; audio and video apparatus for monitoring babies; electric or electronic sensors for detecting, measuring, processing, collecting, recording and transmitting general data relating to well-being, sleep cycles, respiration rate, heart rate, movement of limbs and activity during sleep; electric or electronic sensors for detecting, processing, measuring, collecting, recording and transmitting variables related to the environment, namely, temperature, air and light quality, as well as surrounding sound during sleep, not for medical purposes; recorded or downloadable computer software applications for mobile apparatus used for the recording, organization, transmission, reception and analysis of texts, data, images and audio files in relation to health and well-being; Recorded or downloadable computer software applications for portable apparatus for the wireless transmission, reception and processing of data and for the transmission and display of information relating to fitness activity, body mass and weight; Recorded or downloadable computer software and computer software applications for portable apparatus enabling remote monitoring of the environment and control apparatus; Recorded or downloadable computer software and computer software applications for portable apparatus used for collecting and analyzing variables relating to the environment, namely, temperature, quality of air and light as well as surrounding noise during sleep; universal serial bus (USB) cables; cell phone battery chargers and battery chargers; pedometers; apparatus for measuring and controlling consumption and caloric expenditure, namely, calorimeters; smart watches and wearable activity trackers in the nature of bracelets with monitoring functions and data reporting relating to physical fitness, training and activity, namely, data relating to time, distance, pace, angular velocity, weight management, calories burned, and level of activity accumulated; smart watches and wearable activity trackers in the nature of bracelets enabling data to be communicated to personal digital assistants, smart phones, portable apparatus and personal computers via sensors, on-line Internet sites and other computer and electronic communication networks |
| Goods and Services | medical imaging apparatus; artificial respiration masks and apparatus; hearing aids; feeding bottles and feeding bottle teats; apparatus for controlling and monitoring health, namely, apparatus for measuring blood pressure; thermometers for medical purposes; body mass indicators and human body fat monitors; pulse meters |
| Goods and Services | Chronometric instruments; watches; bracelets |
| Goods and Services | Collection and systematization of information in computer databases; compilation of statistical data relating to medical research, for business purposes; compilation of statistical data into computer databases for use in scientific research; database management; updating and maintenance of data in computer databases; data processing verification; computer database management and compilation of information into computer databases; data processing services; business research for others by means of a computer database, computer-assisted business information and research services; advisory services in the field of data processing; consulting in the field of data processing; business research data retrieval services |
| Goods and Services | sporting activities, namely, sports clubs and fitness clubs ; physical education services; consultancy services related to fitness; consulting services concerning physical exercises and physical fitness; providing information in the field of sports; training services relating to fitness; sports training; personal training services, namely, strength and endurance training; information services related to sports results; providing information relating to physical exercises via an on-line web site; coaching, namely, coaching in the field of sports and fitness; organizing and conducting community sporting events; management and organization of sporting events; organizing and conducting sports competitions; arranging and conducting live community sporting events |
| Goods and Services | Software as a service (SaaS) featuring software for the recording, organization, transmission, reception and analysis of texts, data, images and audio files in relation to health and well-being, for the wireless transmission, reception and processing of data and for the transmission and display of information relating to fitness activity, body mass and weight, for remote monitoring of the environment and control apparatus, for collecting and analyzing variables relating to the environment, namely, temperature, quality of air and light as well as surrounding noise during sleep biological analyses; evaluations, assessments and research in the fields of science and technology provided by engineers; design and development of computers and software; research and development of new products for third parties; design, development, installation, maintenance, updating and rental of software; computer programming; conversion of computer programs and data, other than physical conversion; conversion of data or documents from physical to electronic media; industrial design services; data mining; computer-aided scientific research services; computer-aided scientific analysis services in the field of temperature, quality of air and light and quality of sleep, body mass and weight; scientific study services in the field of temperature, quality of air and light and quality of sleep, body mass and weight; scientific advisory services; scientific and technological services; scientific testing services in the field of temperature, quality of air and light and quality of sleep, body mass and weight; providing scientific research services |
| Goods and Services | Medical services; medical testing for the diagnosis and treatment of persons; medical assistance; medical guidance counseling relating to stress; provision of medical information in the field of health; collection of medical information, namely, collecting information in the field of temperature, quality of air and light and quality of sleep, body mass and weight; medical consulting in the field of biorhythms; advisory services relating to health; medical health assessment services; information relating to health |
| 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 | Monday, July 29, 2019 |
| 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 | Monday, July 29, 2019 |
| Primary Code | 010 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 014 - Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments. |
| US Class Codes | 002, 027, 028, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, July 29, 2019 |
| Primary Code | 014 |
| 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 | Monday, July 29, 2019 |
| Primary Code | 035 |
| 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 | Monday, July 29, 2019 |
| 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 | Monday, July 29, 2019 |
| 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 | Monday, July 29, 2019 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | WITHINGS |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Party Name | WITHINGS |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Party Name | WITHINGS |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Event Date | Event Description |
| Saturday, November 28, 2020 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, November 5, 2020 | FINAL DISPOSITION NOTICE SENT TO IB |
| Wednesday, November 4, 2020 | FINAL DISPOSITION PROCESSED |
| Wednesday, October 14, 2020 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, July 14, 2020 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, June 4, 2020 | EXTENSION OF TIME TO OPPOSE PROCESS - TERMINATED |
| Wednesday, February 5, 2020 | EXTENSION OF TIME TO OPPOSE RECEIVED |
| Tuesday, January 14, 2020 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, January 14, 2020 | PUBLISHED FOR OPPOSITION |
| Wednesday, December 25, 2019 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Monday, December 9, 2019 | ASSIGNED TO LIE |
| Friday, December 6, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, December 4, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, December 3, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, December 3, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, December 2, 2019 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, December 2, 2019 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, November 8, 2019 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, September 13, 2019 | REFUSAL PROCESSED BY IB |
| Saturday, August 24, 2019 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, August 24, 2019 | REFUSAL PROCESSED BY MPU |
| Tuesday, August 6, 2019 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, August 5, 2019 | NON-FINAL ACTION WRITTEN |
| Friday, August 2, 2019 | APPLICATION FILING RECEIPT MAILED |
| Monday, July 29, 2019 | ASSIGNED TO EXAMINER |
| Monday, July 29, 2019 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, July 25, 2019 | SN ASSIGNED FOR SECT 66A APPL FROM IB |