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ALLY
ABANDONED SECTION 36

on 08 Nov 2022

Last Applicant/ Owned by

TWENTY BILLION NEURONS GMBH

Stralauer Allee 210245 Berlin,

DE

Serial Number

2027837 filed on 13th May 2020

Correspondent Address

1100-150 York StreetToronto

ONTARIO

CA

M5H3S5

ALLY

Trademark usage description

software; computer application software for mobile phones, namely, software for users to obtain, access and coordinate physical fitness training and c Read More

Classification Information


Class [009]
Software; Computer application software for mobile phones, namely, software for users to obtain, access and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, meal plans and personalized audiovisual content; Downloadable software applications for use in physical fitness and exercise management in the field of physical fitness and exercise; Software in the field of physical fitness and exercise; Downloadable software applications for users to obtain, access and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, meal plans, personalized workout videos, and personalized audiovisual content; Pre-recorded digital media devices featuring athletic and physical fitness training sessions; Computer software for streaming audio content; Computer software for streaming video content; Computer software for streaming audio visual content in the field of fitness; computer software for fitness training, conditioning, advice, and guided workouts; media, namely, live generated audio visual content featuring fitness content and classes; Computer application software for smart phones and mobile devices, namely, software for social networking, receipt and transmission of data, shopping, fitness tracking and instruction, weight management and fitness assessments; Computer application software for fitness tracking and instruction and fitness assessments; interactive multimedia computer software for use in database management, and for use in electronic storage of data which provides audio, audiovisual and video training information on the subject of physical exercise, physical exercise equipment, diet and nutrition, and pictures, images, text, and photos related thereto; computer application software for mobile phones, portable media players, and handheld computers, namely, software for use in database management and use in electronic storage of data, in the field of exercise, fitness, and dietary information and instruction; downloadable electronic game software in the field of exercise, fitness, and dietary information and instruction; software for users to obtain personalized workout and fitness audiovisual content; software for personal assistant services; Downloadable computer and mobile application software that detects, tracks and monitors an individual's motions, body movements, body positioning and physical activity during fitness exercises using built-in camera and microphone; downloadable computer and mobile application software that interacts with the user and detects voice commands to control the application, provide recommendations, goal setting, feedback and conversational experiences related to the user's physical fitness and exercise; downloadable computer and mobile application software for detecting, tracking and monitoring an individual's motions, positioning and physical activity for use in fitness instruction and for providing real-time personalized feedback based on an individual's body movement and positioning during fitness exercises; downloadable computer and mobile application software for use in taking fitness classes, receiving fitness instruction, receiving real-time intensity and form feedback, receiving personalized recommendations based on past performance, sharing information with others, tracking and monitoring fitness goals, performance, movements, repetition counts and calories burned based on intensity and form during fitness exercises; downloadable computer and mobile software for accessing scheduled fitness classes featuring fitness exercises; Computer and mobile software that renders and controls a digital avatar that interacts with the user using a camera and microphone; computer software, namely, software for artificial intelligence used in mixed reality, iOT and mobile applications, namely, software for interacting with an avatar. Computer and mobile software for use in creating and analysing interactions between humans and an embodied artificial intelligence platform; Computer and mobile software that creates realistic facial, body and voice expressions and emotions to interact with the user for educational purposes; Computer and mobile software that understands user behaviours, gestures, voice commands and emotions based on artificial intelligence; computer and mobile software that provides recommendations based on past user behaviours, gestures, voice commands and emotions based on artificial intelligence; Computer and mobile software that creates a real-time social network among users of the software and permits those users to organize and execute a wide variety of personal and community activities and events, to invite others to participate in such activities and events, to transmit information about the personal and community activities and events to other users of the software and to receive information about other users' activities and events from those users, and to set up and maintain a database for the purpose of recording activity and event participation and information regarding personal and community goals; computer and mobile software that provides users with information regarding the brands, products and services of others, and that markets and promotes those brands, products and services by organizing, administering and executing sponsored campaigns, activities and events for others and product placements


Classification kind code

11

Class [021]
Water bottles, sold empty


Classification kind code

11

Class [025]
Clothing, namely t-shirts, sweatshirts, tank tops


Classification kind code

11

Class [028]
Fitness equipment, namely stationary exercise bicycles and component parts thereof, exercise weights, exercise bars, yoga blocks, yoga straps, exercise bands, resistance bands for pilates, pilates balls, pilates wheels, punching bags and stands, boxing gloves, weight benches, rowing machines, treadmills


Classification kind code

11

Class [035]
Advertising and marketing services in the field of the wares and services of third parties namely, analysis of advertising response and market research; promoting the goods and services of others via global computer networks and other electronic and communications networks; providing consumer product information for the purpose of selecting general consumer merchandise to meet the consumer's specifications; Customization services, namely, business management of celebrity talent in connection with use of their likeness in a digital avatar


Classification kind code

11

Class [038]
Providing access to an interactive website for persons to participate in on-line social networking services; Provision of access to a web site featuring information on personal interests, hobbies and lifestyles; providing access to on-line computer databases and on-line searchable databases in the field of social networking


Classification kind code

11

Class [041]
Education and training services, namely fitness training services, athletic training services, personal fitness coaching services, physical therapy services; Fitness, coaching and training services in the field of bodyweight exercises, weight training, boxing, kickboxing, martial arts, meditation, therapy, dance, yoga, Pilates, barre, strength training, HIIT training, Tabata training; Non-downloadable publications and guidance in the nature of online articles in the field of fitness and the field of health and wellness, diet, physical therapy/physiotherapy; Education, coaching and training services, namely, providing classes in the field of sport and fitness training; providing of training in the field of sports and fitness; Entertainment, namely, live fitness activities; Sporting and cultural activities, namely, fitness classes; Fitness, coaching and training services, and skill development training services; Physical fitness instruction and training sessions, in the field of sport and fitness training; Entertainment services, namely, providing continuing live generated audio visual content in the field of sport and fitness training sessions; Providing on-line instruction in the field of physical exercise and nutrition; tracking progress of exercise workouts; educational services and on-line educational services; providing instruction and training in the fields of exercise equipment, physical exercise, diet and nutrition, and instructional materials distributed in connection therewith; tracking progress of exercise workouts for others; Physical fitness training services and consultancy; providing information in the field of exercise training; media, namely, live generated audio visual content featuring fitness content and classes; provision of information in the fields of personal interests, hobbies and lifestyles via a website; operation of on-line computer databases and on-line searchable databases in the field of social networking


Classification kind code

11

Class [042]
Software as a service; software-as-a-service, namely non-downloadable software for mobile phones, namely, software for users to obtain, access and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, personalized physical therapy services, meal plans and personalized audiovisual content; software-as-a-service, namely non-downloadable software in the field of personalized audiovisual content; software-as-a-service, namely non-downloadable software for use in physical fitness and exercise management; providing software in the field of physical fitness and exercise; software-as-a-service, namely non-downloadable software for users to obtain, access and coordinate physical fitness training services, personal fitness coaching services, personalized workout programs, personalized physical therapy services, meal plans and personalized audiovisual content; software-as-a-service, namely non-downloadable software for users to obtain personalized workout and fitness audiovisual content; software-as-a-service, namely non-downloadable software for personal assistant services; software-as-a-service, namely non-downloadable computer application software for mobile phones, namely, software for users to obtain, access and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, personalized physical therapy services, meal plans and personalized workout audiovisual content; software-as-a-service, namely non-downloadable personalized audiovisual content in the field of physical fitness and health; software-as-a-service, namely non-downloadable software applications for use in physical fitness and exercise management in the field of physical fitness and exercise; software-as-a-service, namely non-downloadable software applications for users to obtain, access and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, personalized physical therapy services, meal plans and personalized workout videos; software-as-a-service, namely non-downloadable computer software for streaming audio content; software-as-a-service, namely non-downloadable computer software for streaming video content; software-as-a-service, namely non-downloadable computer software for streaming audio visual content in the field of fitness; software-as-a-service, namely non-downloadable computer software for fitness training, conditioning, advice, and guided workouts; software-as-a-service, namely non-downloadable computer application software for smart phones and mobile devices, namely, software for social networking, receipt and transmission of data, shopping, fitness tracking and instruction, weight management and fitness assessments; software-as-a-service, namely non-downloadable computer application software for fitness tracking and instruction and fitness assessments; software-as-a-service, namely non-downloadable interactive multimedia computer software for use in database management; software-as-a-service, namely non-downloadable interactive multimedia computer software which provides audio, audiovisual and video training information on the subject of physical exercise, physical exercise equipment, physical therapy, diet and nutrition, and pictures, images, text, and photos related thereto; software-as-a-service, namely non-downloadable computer application software for mobile phones, portable media players, and handheld computers, namely, software for use in database management; software-as-a-service, namely non-downloadable computer application software for mobile phones, portable media players, and handheld computers, namely, software for use in electronic storage of data in the field of exercise, fitness, and dietary information and instruction; software-as-a-service, namely non-downloadable computer application software for mobile phones, portable media players, and handheld computers, namely, software for use in education; software-as-a-service, namely non-downloadable electronic game software in the field of exercise, fitness, and dietary information and instruction; software-as-a-service, namely non-downloadable electronic game software in the field of education; Software-as-a service, namely non-downloadable computer and mobile application software that detects, tracks and monitors an individual's motions, body movements, body positioning and physical activity during fitness exercises using built-in camera and microphone; Software-as-a service, namely non-downloadable computer and mobile application software that interacts with the user and detects voice commands to control the application, provide recommendations, goal setting, feedback and conversational experiences related to the user's physical fitness and exercise; Software-as-a service, namely non-downloadable computer and mobile application software for detecting, tracking and monitoring an individual's motions, positioning and physical activity for use in fitness instruction and for providing real-time personalized feedback based on an individual's body movement and positioning during fitness exercises; Software-as-a service, namely non-downloadable computer and mobile application software for use in taking fitness classes, receiving fitness instruction, receiving real-time intensity and form feedback, receiving personalized recommendations based on past performance, sharing information with others, tracking and monitoring fitness goals, performance, movements, repetition counts and calories burned based on intensity and form during fitness exercises; Software-as-a service, namely non-downloadable computer and mobile software for accessing scheduled fitness classes featuring fitness exercises; Software-as-a service, namely non-downloadable computer and mobile software that renders and controls a digital avatar that interacts with the user using a camera and microphone; Software-as-a service, namely non-downloadable computer software, namely, software for artificial intelligence used in mixed reality, iOT and mobile applications, namely, software for interacting with an avatar; Software-as-a service, namely non-downloadable computer and mobile software for use in creating and analysing interactions between humans and an embodied artificial intelligence platform; Software-as-a service, namely non-downloadable computer and mobile software that creates realistic facial, body and voice expressions and emotions to interact with the user for educational purposes; Software-as-a service, namely non-downloadable computer and mobile software that understands user behaviours, gestures, voice commands and emotions based on artificial intelligence; Software-as-a service, namely non-downloadable computer and mobile software that provides recommendations based on past user behaviours, gestures, voice commands and emotions based on artificial intelligence; Software-as-a-service, namely non-downloadable computer and mobile software that creates a real-time social network among users of the software and permits those users to organize and execute a wide variety of personal and community activities and events, to invite others to participate in such activities and events, to transmit information about the personal and community activities and events to other users of the software and to receive information about other users' activities and events from those users, and to set up and maintain a database for the purpose of recording activity and event participation and information regarding personal and community goals; Software-as-a service, namely non-downloadable computer and mobile software that provides users with information regarding the brands, products and services of others, and that markets and promotes those brands, products and services by organizing, administering and executing sponsored campaigns, activities and events for others and product placements; Creating and hosting an on-line community to enable users to organize and execute a wide variety of personal and community activities and events, to invite others to participate in such activities and events, to transmit information about the personal and community activities events to other users and to receive information about other users' activities and events from those users, and to set up and maintain a database for the purpose of recording activity and event participation and information regarding personal and community goals, and to enable businesses to interact with users for promotional purposes and for purposes of brand awareness and brand loyalty through sponsored campaigns, activities, events and product placements; providing software in the field of personalized audiovisual content


Classification kind code

11

Class [045]
Providing information in the field of social networking services via an interactive website


Classification kind code

11

Mark Details


Serial Number

2027837

Mark Type

Trademark

Legal History


Action TakenStatus
Submitted for opposition 6
on 08th Nov 2022
Abandoned - Section 36
Submitted for opposition 67
on 07th Oct 2022
Agent Name Changed
Submitted for opposition 14
on 16th Aug 2022
Default Notice Sent
Submitted for opposition 22
on 27th Jan 2022
Search Recorded
Submitted for opposition 20
on 27th Jan 2022
Examiner's First Report
Submitted for opposition 30
on 13th May 2020
Filed
Submitted for opposition 1
on 13th May 2020
Created
Submitted for opposition 31
on 13th May 2020
Formalized