| Serial Number | 79292624 |
| Word Mark | X |
| Filing Date | Monday, May 11, 2020 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, November 2, 2021 |
| Registration Number | 6541587 |
| Registration Date | Tuesday, November 2, 2021 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, August 17, 2021 |
| Goods and Services | Entertainment services, namely, hosting fitness challenges wherein children can earn points based on physical activity and redeem them for access to prizes; sports and fitness services, namely, hosting fitness challenges wherein children can earn points based on physical activity and redeem them for access to prizes; organising sport and fitness competitions; education services, namely, providing online classes and seminars in healthy use of the digital world and providing educational materials in connection with healthy use of the digital world; physical education services; sporting education services, namely, sports instruction services; organising of educational games; hire in the nature of rental, showing and distribution of films and videos; development, publication and distribution of educational materials and teaching materials in the fields of physical activity, mental wellbeing and healthy living; information, advice and consultancy services relating to the aforesaid; all of the aforementioned services intended to incentivize children to be active by rewarding physical activity |
| Description of Mark | The mark consists of a stylized red square with rounded corners, inside of which is the stylized white letter "X". The other white in the drawing represents background and is not a feature of the mark. |
| Goods and Services | Computers; computer hardware; downloadable computer software for use in connection with tracking and monitoring fitness, exercise, health and wellness; downloadable computer software for sensing, monitoring, tracking, measuring, recording, displaying, storing and transmitting biometric data, heart rate, pulse rate, blood pressure, calories burned, temperature, physical activity level, body movement, distance, altitude, speed, steps taken and biometric data; downloadable computer software for use in measuring heart rhythm and taking electrocardiograms; downloadable computer software for identifying, locating, grouping, distributing and managing data and links between computers and electronic devices connected to communications networks; downloadable mobile application software for use in connection with configuring and controlling smartwatches and transferring data between smartwatches and smartphones; computer networking hardware; downloadable computer firmware, namely, operating system programs for smartwatches; data storage media, namely, blank memory expansion cards; data protection backup units, namely, backup drives for computers; apparatus for data storage, namely, blank memory expansion cards; electronic data processing equipment, namely, computer hardware; downloadable software for online messaging; downloadable telecommunications software, namely, for transmission and reception of audio and video calls and electronic messages; downloadable computer software for global positioning systems for navigation and for tracking people using GPS data on a device; downloadable software for gps navigation systems, namely, smartwatch software for navigation; downloadable computer software for fitness tracking, namely, computer software for tracking and monitoring fitness and exercise; downloadable communication, networking, and social networking software, namely, software for sharing text, data, audio, images, videos and multimedia content; downloadable banking software, namely, software for managing cash cards, debit cards and credit cards, bank accounts and cryptocurrency; downloadable computer software relating to financial matters, namely, software for managing cash cards, debit cards and credit cards, bank accounts and cryptocurrency; downloadable software for downloading, transmitting, receiving, editing, extracting, encoding, decoding, displaying, storing and organising text, graphics, images, and electronic publications; downloadable video capture software; downloadable video recording software; apparatus and recorded software for capturing, recording, reproducing, manipulating and transmitting data, images and sounds, namely, smartwatches bearing recorded software for capturing, recording, reproducing, manipulating and transmitting data, images and sounds; apparatus for recording, transmission and reproduction of text, audio, video, images, animations, games, databases, computer software and other data, namely, smartwatches; downloadable electronic publications in the nature of books, magazines, periodicals, newsletters, newspapers, journals, leaflets, pamphlets and posters in the fields of smartwatches and smartwatch accessories, health and fitness, physical and mental wellbeing, children's entertainment, finance and cryptocurrencies, and social media; downloadable pre-recorded multimedia files containing audio and audiovisual content, information, and commentary in the fields of smartwatches and smartwatch accessories, health and fitness, physical and mental wellbeing, children's entertainment, finance and cryptocurrencies, and social media; downloadable electronic books, audiobooks, magazines, periodicals, newsletters, newspapers, and journals in the fields of smartwatches and smartwatch accessories, health and fitness, physical and mental wellbeing, children's entertainment, finance and cryptocurrencies, and social media; downloadable electronic publications in the nature of downloadable electronic books, audiobooks, magazines, periodicals, newsletters, newspapers and journals provided on-line from databases and/or the Internet in the fields of smartwatches and smartwatch accessories, health and fitness, physical and mental wellbeing, children's entertainment, finance and cryptocurrencies, and social media; downloadable digital media in the nature of downloadable pre-recorded multimedia files and downloadable sound and video recordings containing sound, images, text, information, signals or software in the fields of smartwatches and smartwatch accessories, health and fitness, physical and mental wellbeing, children's entertainment, finance and cryptocurrencies, and social media; electronic bulletin boards, namely, electronic display boards; downloadable multimedia file containing text, audio, video, images, animations, games and databases in the fields of smartwatches and smartwatch accessories, health and fitness, physical and mental wellbeing, children's entertainment, finance and cryptocurrencies, and social media, all provided via download from telecommunication networks, mobile phone networks, satellite networks, cable networks, wireless networks, the Internet, and/or global computer networks; [ downloadable webcasts in the fields of cinematographic films relating to smartwatches and smartwatch accessories, health and fitness, physical and mental wellbeing, children's entertainment, finance and cryptocurrencies, and social media; ] downloadable podcasts in the fields of smartwatches and smartwatch accessories, health and fitness, physical and mental wellbeing, children's entertainment, finance and cryptocurrencies, and social media; downloadable video podcasts in the field of webcasts in the fields of smartwatches and smartwatch accessories, health and fitness, physical and mental wellbeing, children's entertainment, finance and cryptocurrencies, and social media; downloadable electronic data files featuring sound, images, text, information and signals; downloadable data recordings featuring audio, video, still and moving images and text; blank magnetic, optical and solid-state data carriers; pre-recorded magnetic, optical and solid-state data carriers containing text, audio, video, images, animations, games, databases, computer software and other data; [ downloadable webcasts in the fields of smartwatches and smartwatch accessories, health and fitness, physical and mental wellbeing, children's entertainment, finance and cryptocurrencies, and social media; ] downloadable podscrolls in the fields of smartwatches and smartwatch accessories, health and fitness, physical and mental wellbeing, children's entertainment, finance and cryptocurrencies, and social media; downloadable animated cartoons, namely, downloadable video recordings featuring cartoons; smartwatches; fitness trackers, namely, wearable activity trackers; step counters, namely, wearable activity trackers; pedometers; wearable computer hardware for use in heartrate monitoring, not for medical purposes; wearable activity trackers; wearable communications devices in the form of wristwatches, namely, smartwatches; wearable audio equipment, namely, headphones; wearable computer peripheral devices; wearable monitors, namely, wearable pedometers; wearable portable media players; wearable telecommunication apparatus, namely, smartwatches; structural replacement parts and fittings for the aforesaid goods; accessories for the aforesaid goods, namely, smartwatch bands, audio speakers, chargers for batteries, sim cards, sim card covers, and protective cases for smartwatches |
| Certificate of Correction for Registration | In the statement, Class 9 and 35, has been updated in accordance with the F-note dated 3/3/2022. |
| Goods and Services | Telecommunications services, namely, personal communication services, wireless telephony and wireless broadband communications services for the transmission of voice and data, and transmission of voice, data, graphics, images, audio and videos by means of telecommunications networks, wireless communication networks, the internet, information services networks and data networks; audiovisual communication and transmissions services, namely, transmitting streamed audiovisual recordings via the Internet; cellular communications services, namely, cellular telephone communication; chatroom services for social networking; electronic communication services, namely, providing private and secure real time electronic communications networks; message sending services; electronic message sending services; instant messaging services; mobile telephone and smart watch communication services; electronic multimedia messaging services; peer to peer communication, namely, personal communication services, wireless telephony and wireless broadband communications services for the transmission of voice and data, and transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, the internet, information services networks and data networks; providing video conferencing services; streaming of data, video, and audio material on the Internet; transmission of information and data via online services and the Internet; information, advice and consultancy services relating to the aforesaid; all of the aforementioned services not related to video games and intended to be used to connect children to their families via smart devices |
| Goods and Services | banking services; issuing of debit and credit cards; electronic fund transfer services; providing, transmitting, processing, facilitating, verifying, and authenticating mobile payments, and contactless transactions with retailers, merchants, and vendors via electronic devices; online banking services in the nature of providing electronic access to credit and debit card information; processing and administration of mobile payments and contactless credit and debit card transactions with retailers, merchants, and vendors via electronic devices; currency dealing in the nature of trading, currency brokerage, currency transfer, and currency exchange services, all including virtual currency; issuing cryptocurrency tokens of value; information, advice and consultancy services relating to the aforesaid |
| Indication of Colors claimed | The colors white and red are claimed as a feature of the mark. |
| Goods and Services | Advertising, marketing and promotional services; advertising planning; digital advertising services; online advertising services; advertising via the Internet; renting and provision of advertising space, time and material in the nature of media on communication media, including online; dissemination of advertising and promotional matter and materials, including via the Internet; market research in the nature of evaluating the impact of advertising on audiences; advertising and promotional services provided by means of social media; online retail store services featuring smartwatches, fitness trackers, step counters, pedometers; online retail store services [ featuring ] * relating to * apparatus for capturing, recording, reproducing, manipulating and transmitting data, images and sounds; online retail store services [ featuring ] * relating to * apparatus for recording, transmission and reproduction of text, audio, video, images, animations, games, databases, computer software and other data; online retail store services [ featuring ] * relating to * toys, cameras, speakers, and chargers for electronic devices; arranging of competitions for advertising purposes, namely, promoting the goods and services of others by arranging for sponsors to affiliate their goods and services with an awards program; information, advice and consultancy services relating to the aforesaid |
| Goods and Services | Design, development, creation, maintenance, updating and installing of computer software; software as a service (SaaS) services featuring software for capturing, recording, manipulating, processing, reproducing, transmission, streaming, receiving, downloading, extracting, encoding, decoding, storing and organising of text, data, audio, images, graphics, videos, electronic messages, audio and video calls, and multimedia content; software as a service (SaaS) services featuring software for use in connection with tracking and monitoring fitness, exercise, health and wellness; software as a service (SaaS) services featuring software for sensing, monitoring, processing, tracking, measuring, recording, displaying, storing and transmitting biometric data, heart rate, heart rhythm, electrocardiograms, pulse rate, blood pressure, calories burned, temperature, physical activity level, body movement, distance, altitude, speed, and steps taken, and managing information regarding tracking, compliance and motivation with a health and fitness program; software as a service (Saas) for identifying, locating, grouping, distributing and managing data and links between computers and electronic devices connected to communications networks; software as a service (SaaS) services featuring software for global positioning systems (gps) for navigation and for tracking people using GPS data on a device; software as a service (SaaS) services featuring communication, networking and social networking software for sharing text, data, audio, images, videos and multimedia content; software as a service (SaaS) services featuring banking software and software relating to financial matters, all for managing cash cards, debit cards and credit cards, bank accounts and cryptocurrency; design and development of computer hardware and computer peripherals; data encryption and decoding services; information, advice and consultancy services relating to the aforesaid |
| 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, August 28, 2020 |
| Primary Code | 009 |
| 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, August 28, 2020 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 036 - Insurance; financial affairs; monetary affairs; real estate affairs. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, August 28, 2020 |
| Primary Code | 036 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 100, 101, 104 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, August 28, 2020 |
| Primary Code | 038 |
| 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, August 28, 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 | Friday, August 28, 2020 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Xplora Technologies Limited |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | GB |
| Party Name | Xplora Technologies Limited |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | GB |
| Party Name | Xplora Technologies Limited |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | GB |
| Event Date | Event Description |
| Thursday, December 1, 2022 | INVALIDATION REVIEWED - NO ACTION REQUIRED BY OFFICE |
| Sunday, November 6, 2022 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, September 30, 2022 | NEW REPRESENTATIVE AT IB RECEIVED |
| Sunday, May 15, 2022 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Saturday, April 23, 2022 | FINAL DISPOSITION NOTICE SENT TO IB |
| Saturday, April 23, 2022 | FINAL DISPOSITION PROCESSED |
| Monday, March 7, 2022 | LIMITATION FROM THE IB EXAMINED AND ENTERED |
| Sunday, March 6, 2022 | CORRECTION UNDER SECTION 7 ¿ PROCESSED |
| Wednesday, February 2, 2022 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Saturday, January 8, 2022 | LIMITATION OF GOODS RECEIVED FROM IB |
| Tuesday, November 2, 2021 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, August 17, 2021 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, August 17, 2021 | PUBLISHED FOR OPPOSITION |
| Sunday, August 15, 2021 | NOTIFICATION PROCESSED BY IB |
| Wednesday, July 28, 2021 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, July 28, 2021 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, July 28, 2021 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, July 15, 2021 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, July 15, 2021 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, July 15, 2021 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, July 15, 2021 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, July 15, 2021 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, July 7, 2021 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, July 7, 2021 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, July 7, 2021 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Thursday, June 24, 2021 | CORRECTION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Saturday, June 19, 2021 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Wednesday, April 28, 2021 | LIMITATION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Friday, April 23, 2021 | LIMITATION OF GOODS RECEIVED FROM IB |
| Tuesday, April 20, 2021 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, April 20, 2021 | FINAL REFUSAL E-MAILED |
| Tuesday, April 20, 2021 | FINAL REFUSAL WRITTEN |
| Monday, March 29, 2021 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, March 29, 2021 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, March 29, 2021 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, October 19, 2020 | REFUSAL PROCESSED BY IB |
| Monday, September 28, 2020 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, September 28, 2020 | REFUSAL PROCESSED BY MPU |
| Wednesday, September 9, 2020 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, September 8, 2020 | NON-FINAL ACTION WRITTEN |
| Tuesday, September 1, 2020 | APPLICATION FILING RECEIPT MAILED |
| Friday, August 28, 2020 | ASSIGNED TO EXAMINER |
| Friday, August 28, 2020 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, August 27, 2020 | SN ASSIGNED FOR SECT 66A APPL FROM IB |