| Serial Number | 79357525 |
| Word Mark | WITHINGS RPM |
| Filing Date | Friday, September 9, 2022 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, June 4, 2024 |
| Registration Number | 7404069 |
| Registration Date | Tuesday, June 4, 2024 |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, March 19, 2024 |
| Goods and Services | Entertainment and sporting activities, namely, sports clubs and fitness clubs; Physical education services; Consultancy services related to fitness; Consulting services concerning physical exercises and fitness; Providing information in the field of sports; Training services relating to fitness; Sports training; Personal training services in the nature of strength and endurance training; Providing information in the field of 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 sporting events for film, radio or television; Management and organization of sporting events; Management and organization of sports competitions; Arrangement of live sports events |
| Goods and Services | Electronic databases in the field of health, well-being, sleep cycles, heart rate, breathing rate, oxygen levels in the blood, limb movements, calories burned, body temperature, physical activity and activity during sleep, circadian rhythm and internal biological block, as well as environmental variables, namely, temperature, air, water and light quality, and surrounding noise during sleep recorded on computer media; Information display terminals, namely, computer display screens, touchscreens, liquid display panels; Tracking apparatus in the nature of wearable activity trackers, GPS tracking devices; Electronic apparatus for use with global positioning systems (GPS), namely, GPS navigating devices; Oxygen regulators, other than for medical use; 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 use; 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, 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; 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; Downloadable and recorded 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 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; Downloadable and recorded computer software and computer software applications for portable apparatus enabling remote monitoring of the environment and control apparatus; Downloadable and recorded 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; USB cables; Cell and battery chargers; Pedometers; Calorimeters being apparatus for measuring and controlling consumption and caloric expenditure; Smartwatches 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; Smartwatches 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 | Time measuring instruments, namely, timepieces and 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 for use in scientific research, for business purposes; Database management; Updating and maintenance of data in computer databases; Data processing verification; Computer database management and compilation of computer databases; Data processing services; Office functions in the nature of searching of data in computer files for others; Advisory services related to data processing; Consultancy relating to data processing; Data retrieval services for business purposes |
| Goods and Services | Medical services; Health care services in the nature of medical diagnosis services; Medical testing for the diagnosis and treatment of persons; Health care services in the nature of disease diagnosis services; Medical tests for diagnostic or treatment purposes; Medical assistance; Medical guidance counseling relating to stress; Providing medical information in the field of health; Collection of medical information in the field of health for treatment and diagnostic purposes; Medical consulting services in the field of biorhythm consulting services provided under medical supervision; Providing health advice in the field of health, well-being, sleep cycles, heart rate, breathing rate, oxygen levels in the blood, limb movements, calories burned, body temperature, physical activity and activity during sleep, circadian rhythm and internal biological block, as well as environmental variables, namely, temperature, air, water and light quality, and surrounding noise during sleep provided under medical supervision; Health assessment services in the nature of medical check-ups provided under medical supervision; Health assessment services in the nature of medical monitoring of patients |
| NOT AVAILABLE | "RPM" |
| Goods and Services | Analysis apparatus and devices for medical use, namely, sample preparation device for medical diagnostic uses, medical diagnostic instruments for the analysis of body fluids; Medical imaging apparatus; Respiratory masks and equipment for artificial respiration; Hearing aids; Feeding aids, namely, feeding bottles and nipples; Medical apparatus for checking and monitoring health, namely, blood pressure measuring apparatus, thermometers, body mass indicators and body fat monitors for humans; Automatic analyzers for medical diagnosis, namely, analyzers for bacterial identification for medical purposes; Electronic analyzers for medical use, namely, electronic body composition analyzers for medical purposes; Medical diagnostic instruments for the analysis of body fluids |
| 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, well-being, sleep cycles, heart rate, breathing rate, oxygen levels in the blood, limb movements, calories burned, body temperature, physical activity and activity during sleep, circadian rhythm and internal biological block, as well as environmental variables, namely, temperature, air, water and light quality, and surrounding noise during sleep; Software as a service (SaaS) featuring software for the wireless transmission, reception and processing of data and for the transmission and display of information relating to health, well-being, sleep cycles, heart rate, breathing rate, oxygen levels in the blood, limb movements, calories burned, body temperature, physical activity and activity during sleep, circadian rhythm and internal biological block, as well as environmental variables, namely, temperature, air, water and light quality, and surrounding noise during sleep; Biological research and analysis; 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 others; Technical project studies; Computer programming; Conversion of computer programs and data, other than physical conversion; Conversion of data or documents from physical to electronic media; Styling services in the nature of industrial design; Data mining; Scientific services, namely, scientific laboratory services, chemical, biochemical, biological and bacteriological research in the field of health, well-being, sleep cycles, heart rate, breathing rate, oxygen levels in the blood, limb movements, calories burned, body temperature, physical activity and activity during sleep, circadian rhythm and internal biological block, as well as environmental variables, namely, temperature, air, water and light quality, and surrounding noise during sleep and research services relating thereto; Computer-aided scientific research services in the field of health; Computer-aided scientific analysis services in the field of health; Scientific study services in the field of health; Scientific advisory services; Scientific and technological services, namely, scientific research, scientific analysis, scientific testing in the field of health; Scientific testing services in the field of health; Providing scientific research services in the field of 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, December 19, 2022 |
| 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, December 19, 2022 |
| 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, December 19, 2022 |
| 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, December 19, 2022 |
| 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, December 19, 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 | Monday, December 19, 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 | Monday, December 19, 2022 |
| 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 | 34 - NOT AVAILABLE |
| Address | FR |
| Party Name | WITHINGS |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 34 - NOT AVAILABLE |
| Address | FR |
| Party Name | WITHINGS |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 34 - NOT AVAILABLE |
| Address | FR |
| Event Date | Event Description |
| Friday, December 16, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, December 19, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, December 23, 2022 | APPLICATION FILING RECEIPT MAILED |
| Friday, June 23, 2023 | ASSIGNED TO EXAMINER |
| Wednesday, June 28, 2023 | NON-FINAL ACTION WRITTEN |
| Thursday, June 29, 2023 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Saturday, August 5, 2023 | REFUSAL PROCESSED BY MPU |
| Saturday, August 5, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, August 29, 2023 | REFUSAL PROCESSED BY IB |
| Monday, February 5, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, February 5, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, February 5, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, February 14, 2024 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, February 14, 2024 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, February 14, 2024 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, February 14, 2024 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, February 14, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, February 28, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, February 28, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, March 19, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, March 19, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, May 15, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, May 15, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Tuesday, June 4, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, June 4, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, June 11, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Wednesday, September 4, 2024 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Friday, November 15, 2024 | FINAL DISPOSITION PROCESSED |
| Saturday, November 16, 2024 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, November 22, 2024 | NEW REPRESENTATIVE AT IB RECEIVED |
| Saturday, December 7, 2024 | FINAL DECISION TRANSACTION PROCESSED BY IB |