| Serial Number | 79297891 |
| Word Mark | WITHINGS SLEEP ANALYSER |
| Filing Date | Friday, September 18, 2020 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, June 7, 2022 |
| Registration Number | 6749056 |
| Registration Date | Tuesday, June 7, 2022 |
| Mark Drawing | 4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, February 15, 2022 |
| Goods and Services | Consultancy services related to physical fitness; information services with respect to physical fitness; training services relating to physical fitness; organization and conducting of educational colloquiums, conferences and congresses; training seminars in the field of sports and health |
| Goods and Services | Electronic databases recorded on computer media containing data in the field of health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature and air quality and surrounding noise during sleep; information display terminals, namely, touch sensitive computer display screens, computer screens, liquid display panels; oxygen regulating apparatus other than for medical use; monitoring apparatus other than for medical use, namely, voice display monitors, video and audio baby monitors, electrochemical oxygen monitors for environmental use; respiratory monitoring apparatus other than for medical purposes; heart-beat recording devices; atmospheric oxygen 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 use; personal electronic devices for displaying, measuring, recording, organizing, manipulating, analyzing and receiving data, text, images and audio files relating to health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature and air quality and surrounding noise during sleep; electronic apparatus for sensing, receiving, detecting, storing, and processing electronic data emanating from a sensor that records data relating to sleep activity, namely, data relating to health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature and air quality and surrounding noise during sleep; audio and video apparatus for monitoring babies; electric or electronic sensors for sensing general data relating to well-being, sleep cycles, respiration rate, heart rate, movement of limbs and activity during sleep; electric or electronic sensors for sensing variable data related to the environment, namely, temperature, air and light quality, as well as surrounding sound during sleep; recorded and downloadable computer software applications for mobile apparatus used for recording, organization, transmission, reception and analysis of texts, data, images and audio files in relation to health, sleep and well-being; recorded and downloadable computer software applications for mobile apparatus for wireless transmission, reception, processing of data and for the transmission and display of information in the field of health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature and air quality and surrounding noise during sleep; recorded and downloadable computer software and computer software applications for portable apparatus for enabling remote monitoring of the environment and control apparatus; recorded and 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; battery chargers; apparatus for measuring and controlling consumption and caloric expenditure, namely, calorimeter; smart watches and wearable activity trackers in the form of bracelets with monitoring and data reporting functions relating to health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature and air quality and surrounding noise during sleep; smart watches and wearable activity trackers in the form 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 |
| Pseudo Mark | WI THINGS SLEEP ANALYZER |
| Goods and Services | Collection and systematization of information in computer databases; compilation of statistical data for business purposes with respect to medical research in the field of health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature and air quality and surrounding noise during sleep; database management; updating and maintenance of data in computer databases; data processing consulting services in the field of data processing verification; management and compilation of computer databases; data processing services; clerical services, namely, data search in computer files for others; advisory services related to data processing; assistance relating to data processing; data retrieval services in the nature of data processing services |
| Goods and Services | Medical services; medical and behavioral health analyses for the diagnosis and treatment of persons; conducting sleep studies for medical diagnosis or treatment purposes; medical assistance; medical counseling relating to stress, well-being, sleep, respiration, heart rate; provision of medical information in the field of health, well-being, sleep, respiration, heart rate; healthcare screening services in the field of sleep problems including the collection of information in the field of health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature, air and light quality and surrounding noise during sleep for medical purposes; medical diagnosis of sleep disorders and sleep apnea; medical consultancy services in the field of biorhythms; advisory services relating to health; medical health assessment services; advisory services relating to health, namely, advisory services in the field of health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature, air and light quality and surrounding noise during sleep |
| Goods and Services | Apparatus for controlling and monitoring health, namely, apparatus for measuring blood pressure and heart rate; thermometers for medical use; medical apparatus and instruments for measuring and regulating, namely, blood pressure and heartbeat measuring apparatus; apparatus for medical analysis, namely, apparatus for the analysis of sleep comprised of multiple sensors for medical use to gather human biometric data during sleep; sensors for medical use, namely, respiratory and physical movements sensors; sensors and instruments for medical diagnosis, namely, respiratory and physical movements sensors; physiological signal sensors, namely, medical biofeedback sensors; ultrasonic patient monitoring sensors for medical use; precision patient monitoring sensors for medical use; temperature capture apparatus, namely, thermometers for medical use; medical imaging apparatus; medical imaging instruments, namely, medical imaging transducers; ultrasonic medical diagnostic apparatus; electromagnetic diagnostic imaging medical apparatus; electronic neurostimulators for medical use, namely, electronic medical pulse generators for neurostimulation; therapeutic instruments with electromagnetic waves, namely, high frequency electromagnetic therapy apparatus and low frequency electromagnetic therapy apparatus; devices for analyzing the brain waves frequencies, namely, electroencephalographs; apparatus for producing ultrasonic waves for medical purposes, namely, electromedical rehabilitative and pain management products for clinical and home use in the nature of ultrasonic stimulators; ultrasonic medical diagnostic apparatus for body scanning; electro-medical devices and their structural parts, in particular electronic nerve and muscle tissue stimulators; brain stimulators, namely, electronic stimulation apparatus for the brain for medical purposes; electronic muscle and nerve stimulators for medical use; computer-controlled physical exercise apparatus for therapeutic use |
| Disclaimer with Predetermined Text | "SLEEP ANALYSER" |
| Goods and Services | Software as a service (SAAS) in the field of health, well-being, sleep and respiration for collecting data relating to heart rate and environmental variables, namely, temperature and air quality and 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 computer software especially in the field of health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature and air quality and surrounding noise during sleep; research and development of new products for third parties; technical project studies, namely, conducting of feasibility studies in the field of new technologies; development, design, installation, maintenance, updating and rental of software in the field of health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature and air quality and surrounding noise during sleep; computer programming; conversion of computer programs and data, other than physical conversion; conversion of data or documents from physical to electronic media, namely, digitization of documents; styling, namely, industrial design; data mining; research services relating to data mining; computer-aided scientific research services; computer-aided scientific analysis services in the field of health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature and air quality and surrounding noise during sleep; scientific study services in the field of health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature and air quality and surrounding noise during sleep; scientific and technological services, namely, scientific research and analysis in the field of health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature, air and light quality and surrounding noise during sleep; scientific testing services in the field of health, well-being, sleep, respiration, heart rate, environmental variables, namely, temperature, air and light quality and surrounding noise during sleep; data mining, namely, compilation of statistical data for use in scientific research |
| 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, November 17, 2020 |
| 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, November 17, 2020 |
| Primary Code | 010 |
| 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 | Tuesday, November 17, 2020 |
| 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 | Tuesday, November 17, 2020 |
| 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 | Tuesday, November 17, 2020 |
| 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 | Tuesday, November 17, 2020 |
| 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 |
| Sunday, September 18, 2022 | FINAL DISPOSITION NOTICE SENT TO IB |
| Sunday, September 18, 2022 | FINAL DISPOSITION PROCESSED |
| Wednesday, September 7, 2022 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, June 7, 2022 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, June 7, 2022 | REGISTERED-PRINCIPAL REGISTER |
| Monday, June 6, 2022 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Wednesday, May 18, 2022 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, May 18, 2022 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Friday, April 29, 2022 | ELECTRONIC RECORD REVIEW COMPLETE |
| Friday, April 1, 2022 | ON HOLD - ELECTRONIC RECORD REVIEW REQUIRED |
| Tuesday, February 15, 2022 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 15, 2022 | PUBLISHED FOR OPPOSITION |
| Monday, February 14, 2022 | NOTIFICATION PROCESSED BY IB |
| Wednesday, January 26, 2022 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, January 26, 2022 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, January 26, 2022 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Friday, January 7, 2022 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, January 7, 2022 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, January 7, 2022 | EXAMINER'S AMENDMENT ENTERED |
| Friday, January 7, 2022 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Friday, January 7, 2022 | EXAMINERS AMENDMENT E-MAILED |
| Friday, January 7, 2022 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, January 5, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, January 5, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, January 5, 2022 | ASSIGNED TO LIE |
| Monday, January 3, 2022 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Monday, January 3, 2022 | EX PARTE APPEAL-INSTITUTED |
| Monday, January 3, 2022 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Monday, January 3, 2022 | EXPARTE APPEAL RECEIVED AT TTAB |
| Thursday, July 1, 2021 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, July 1, 2021 | FINAL REFUSAL E-MAILED |
| Thursday, July 1, 2021 | FINAL REFUSAL WRITTEN |
| Friday, May 28, 2021 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, May 28, 2021 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, May 28, 2021 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, January 14, 2021 | ATTORNEY REVIEW COMPLETED |
| Thursday, January 14, 2021 | CORRECTION FROM IB ENTERED - ATTORNEY REVIEW REQUIRED |
| Thursday, January 14, 2021 | ATTORNEY REVIEW COMPLETED |
| Monday, January 4, 2021 | REFUSAL PROCESSED BY IB |
| Saturday, December 19, 2020 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Monday, December 14, 2020 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, December 14, 2020 | REFUSAL PROCESSED BY MPU |
| Thursday, December 3, 2020 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, December 2, 2020 | NON-FINAL ACTION WRITTEN |
| Monday, November 30, 2020 | ASSIGNED TO EXAMINER |
| Saturday, November 21, 2020 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, November 17, 2020 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, November 12, 2020 | SN ASSIGNED FOR SECT 66A APPL FROM IB |