| Serial Number | 79327005 |
| Word Mark | WITHINGS BODY CARDIO |
| Filing Date | Tuesday, July 13, 2021 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, May 9, 2023 |
| Registration Number | 7045333 |
| Registration Date | Tuesday, May 9, 2023 |
| Mark Drawing | 4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, February 21, 2023 |
| Goods and Services | Entertainment and sporting activities , namely, sports clubs and fitness clubs; Physical education services; Consultancy services related to physical fitness; Consulting services concerning physical exercises; Information services in the field of sports; Training services relating to physical fitness; Sports training services; Personal training services, namely, strength and endurance training; Information services related to sports results; Provision of information relating to physical exercises via an on-line web site; Coaching in the field of sports and physical fitness; Production of sports events , namely, organizing and conducting community sporting events; Organization of sports competitions; Arrangement of live sports events for entertainment purposes |
| 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, computer display screens, touchscreens, liquid display panels; Tracking apparatus, namely, wearable activity trackers, GPS tracking devices; Global positioning system (GPS) apparatus; Electronic labels, namely, labels carrying electronically recorded or encoded information; Oxygen regulators other than for medical use; Respiratory monitoring apparatus other than for medical purposes; Heart-beat recording devices other than for medical purposes; Atmospheric oxygen monitors; Electronic monitors for monitoring the distance traveled by an individual; Wireless electronic apparatus for transmission of sound, images or data; Wireless electronic apparatus, namely, wireless controllers for monitoring and controlling the function of other electronic apparatus; Speed indicators; Thermometers not for medical purposes; Personal electronic apparatus, namely wearable activity trackers, smartwatches, personal computers for displaying, measuring, recording, organizing, analyzing, manipulating and receiving data, text, images and audio files relating to health, well-being and fitness; Wireless 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, namely, baby monitors 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, not for medical purposes; Electric or electronic sensors for detecting, processing, measuring, collecting, recording and transmitting data variables related to the environment, namely, temperature data, air and light quality data, and surrounding sound data during sleep, not for medical purposes; Downloadable computer software applications for mobile apparatus, namely, software 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 for electronically collecting and storing of data from wearable activity trackers, smartwatches and personal computers; Downloadable computer software for database management; Downloadable computer software applications for portable apparatus, namely, software 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 downloadable computer software applications all for portable apparatus, namely, software for enabling remote monitoring of air analysis apparatus; Recorded or downloadable computer software and downloadable computer software applications all for portable apparatus, namely, software used for collecting and analyzing data variables relating to the environment, namely, temperature data, air and light quality data, and surrounding noise data during sleep; USB cables; Battery chargers; Pedometers; Apparatus for measuring and controlling consumption and caloric expenditure, namely, calorimeters; Smartwatches and wearable activity trackers in the nature of smart bracelets with monitoring and data reporting functions 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; Smartwatches and wearable activity trackers in the nature of smart bracelets for 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 | Time measuring instruments , namely, timepieces and chronometric instruments; Watches; Bracelets |
| Goods and Services | Collection and systematization of information into computer databases; Compilation of statistical data relating to medical research for business purposes; Compilation of statistical data for use in scientific research for business purposes; Database management; Updating and maintenance of data in computer databases; Data processing verification; Management and compilation of computerized databases; Data processing services; Office functions in the nature of data search in computer files for others; Advisory services related to data processing; Assistance relating to data processing; Data retrieval services , namely, electronic data collection services for business purposes in the fields of medicine and healthcare |
| 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, body mass and weight, blood glucose, heart rate, nerve activity, quality of air and light and quality of sleep; Medical services, namely, biorhythm consultancy services; Advice regarding health; Medical health assessment services; Information regarding health |
| Goods and Services | Medical imaging apparatus; Artificial respiration masks and apparatus; Hearing aids; Feeding aids, namely, feeding bottles and nipples for baby bottles; Health checking and monitoring apparatus, namely blood pressure measuring apparatus, thermometers for medical use, body mass indicators for medical use and body fat monitors for humans |
| Disclaimer with Predetermined Text | "BODY" AND "CARDIO" |
| 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 of data, receipt thereof, processing thereof and for the transmission and display of information in connection with fitness activity, body mass, blood glucose and weight, 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; Engineering services, namely, 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; Technical project studies, namely, conducting scientific feasibility studies; Development, design, installation, maintenance, updating or 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; Styling, namely, industrial design; Data mining; scientific services, namely, scientific laboratory services, and scientific research services relating thereto; Computer-aided scientific research services in the field of temperature, body mass and weight, blood glucose, heart rate, nerve activity, quality of air and light and quality of sleep; computer-aided scientific analysis services in the field of temperature, body mass and weight, blood glucose, heart rate, nerve activity, quality of air and light and quality of sleep; Scientific study services in the field of temperature, body mass and weight, blood glucose, heart rate, nerve activity, quality of air and light and quality of sleep; Scientific advisory services in the field of temperature, body mass and weight, blood glucose, heart rate, nerve activity, quality of air and light and quality of sleep; Scientific and technological services, namely, scientific research, scientific analysis, scientific testing in the field of health; Scientific testing services in the field of temperature, body mass and weight, blood glucose, heart rate, nerve activity, quality of air and light and quality of sleep; Providing scientific research services |
| 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, December 3, 2021 |
| 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 | Friday, December 3, 2021 |
| 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 | Friday, December 3, 2021 |
| 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 | Friday, December 3, 2021 |
| 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 | Friday, December 3, 2021 |
| 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, December 3, 2021 |
| 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, December 3, 2021 |
| 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 |
| Monday, September 4, 2023 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Monday, August 14, 2023 | FINAL DISPOSITION NOTICE SENT TO IB |
| Monday, August 14, 2023 | FINAL DISPOSITION PROCESSED |
| Wednesday, August 9, 2023 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Monday, May 22, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Tuesday, May 9, 2023 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, May 9, 2023 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Wednesday, May 3, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, May 3, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Tuesday, February 21, 2023 | NOTIFICATION PROCESSED BY IB |
| Tuesday, February 21, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 21, 2023 | PUBLISHED FOR OPPOSITION |
| Wednesday, February 1, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, February 1, 2023 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, February 1, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Friday, January 13, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, January 5, 2023 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, January 5, 2023 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, January 5, 2023 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, January 5, 2023 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, December 16, 2022 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Friday, December 16, 2022 | FINAL REFUSAL E-MAILED |
| Friday, December 16, 2022 | FINAL REFUSAL WRITTEN |
| Wednesday, November 16, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, November 15, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, November 15, 2022 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, June 7, 2022 | REFUSAL PROCESSED BY IB |
| Thursday, May 19, 2022 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, May 19, 2022 | REFUSAL PROCESSED BY MPU |
| Thursday, April 7, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, April 6, 2022 | NON-FINAL ACTION WRITTEN |
| Thursday, March 31, 2022 | ASSIGNED TO EXAMINER |
| Tuesday, December 7, 2021 | APPLICATION FILING RECEIPT MAILED |
| Friday, December 3, 2021 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, December 2, 2021 | SN ASSIGNED FOR SECT 66A APPL FROM IB |