NON-FINAL ACTION - MAILED
final action
on 29 Aug 2024
Last Applicant/ Owned by
Sydney NSW 2000
AU
Serial Number
79393460 filed on 25th Jan 2024
Registration Number
N/A
Correspondent Address
Surry Hills NSW 2010,
AUSTRALIA
Filing Basis
1. filing basis filed as 66 a
Disclaimer
NO DATA
EVERLAB
Medical research laboratory services; design of computer software programs; design of computer software; design of medical apparatus; design of telecommunications apparatus; development of computer software programmes; development of computer software; online provision of web-based non-downloadable applications for analysing, storing, reporting, tracking and monitoring health, wellbeing and medica Read More
Classification Information
Class [044]
Medical, Beauty & Agricultural Services
Blood analysis for diagnostic and treatment purposes; health assessment services; health care; health centre services; health clinic services; health screening in the field of preventative health and medicine; healthcare; information services relating to health care; complementary medical services; advisory services relating to medical services; consultancy and advisory services in relation to medical services; medical advisory services; medical analysis services relating to the treatment of persons; medical clinic services; medical analysis services for diagnostic and treatment purposes provided by medical laboratories; medical diagnostic testing and analysis services; medical services; medical screening; pathology services; preparation of reports relating to health care matters; preparation of reports relating to medical matters; provision of medical facilities; provision of medical information; provision of medical services; remote monitoring of medical data for medical diagnosis and treatment; services for the preparation of medical reports; health care consultancy services; medical care services
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [042]
Computer & Software Services & Scientific Services
Medical research laboratory services; design of computer software programs; design of computer software; design of medical apparatus; design of telecommunications apparatus; development of computer software programmes; development of computer software; online provision of web-based non-downloadable applications for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; provision of online non-downloadable software for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; online provision of non-downloadable web-based software for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; provision of online non-downloadable web-based software for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; conversion of computer programs and data, other than physical conversion; conversion of data or documents from physical to electronic media; data storage, other than physical storage, namely, cloud storage services for electronic data; design and development of computer software; design and development of search engines for the internet; design of computer databases; digital imaging services, namely, for the digitisation and scanning of images; digitization of documents, namely, scanning of documents for digitization; electronic data storage; laboratory scientific analysis services; scientific research and analysis laboratory services; scientific laboratory testing services; maintenance of computer programs; maintenance of computer software; platform as a service (PaaS) featuring computer software platforms for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; software as a service (SaaS) featuring software for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; software creation; technical data analysis services; technical diagnostic testing services, namely, computer diagnostic services; technical support services, namely, troubleshooting of computer software problems
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [010]
Medical Instrument Products
Medical diagnostic apparatus for treating chronic diseases and treating, diagnosing, and evaluating biomarkers, health and physical function; medical diagnostic instruments for treating chronic diseases and treating, diagnosing, and evaluating biomarkers, health and physical function; sensing devices for medical use in monitoring the vital signs of patients; finger pricking devices being medical instruments for use in drawing blood; measuring devices having digital displays for medical use, namely, glucose monitors, wearable devices, blood pressure monitors, physiotherapy equipment, radiology machines and blood testing equipment; medical blood oxygenation devices; blood glucose monitoring apparatus; blood glucose testing apparatus; glucometers; blood glucose meter; glucose meters; medical analysis apparatus; medical analysis instruments; medical apparatus and instruments, namely, glucose monitors, wearable devices, blood pressure monitors, physiotherapy equipment, radiology machines and blood testing equipment; medical apparatus for testing the level of glucose in the blood; medical apparatus for diagnostic purposes, namely, glucose monitors, wearable devices, blood pressure monitors, physiotherapy equipment, radiology machines and blood testing equipment; medical apparatus for monitoring; medical apparatus for the purpose of analysis, namely, for the analysis of medical biodata and biomarkers; medical apparatus for use in testing blood; medical diagnostic apparatus for sale in kit form; medical diagnostic apparatus for use in analytical tests; scanners for medical diagnosis, namely, glucose monitors, wearable devices, blood pressure monitors, physiotherapy equipment, radiology machines and blood testing equipment; scanners for medical use, namely, glucose monitors, wearable devices, blood pressure monitors, physiotherapy equipment, radiology machines and blood testing equipment; scanning apparatus for medical use, namely, glucose monitors, wearable devices, blood pressure monitors, physiotherapy equipment, radiology machines and blood testing equipment; scanning instruments for medical use, namely, glucose monitors, wearable devices, blood pressure monitors, physiotherapy equipment, radiology machines and blood testing equipment; scanning machines for medical use, namely, glucose monitors, wearable devices, blood pressure monitors, physiotherapy equipment, radiology machines and blood testing equipment; optical scanners for medical inspection purposes; temperature scanners for medical use; ultrasonic apparatus for medical use; ultrasonic medical apparatus for use in diagnosis; ultrasonic medical apparatus for use in scanning the body; X-ray analysers for medical use; X-ray apparatus for medical purposes; X-ray film frames for medical use; X-ray film holders for medical use; X-ray film imaging devices for medical use; X-ray film mounts for medical use; X-ray film viewers for medical use; X-ray illuminators for medical use; X-ray photographic apparatus for medical use; X-ray photographs for medical purposes; X-ray plates, exposed, for medical use; X-ray plates, unexposed, for medical use; X-ray producing apparatus for medical use; X-ray scanners for medical use; X-ray sensitive films for medical use; X-ray spectroscopy apparatus for medical use; X-ray structure analysis apparatus for medical use; X-ray structure analysis instruments for medical use; X-ray film imaging apparatus for medical use; apparatus for medical image formation; diagnostic imaging apparatus for medical use, namely, electromagnetic medical diagnostic imaging apparatus; medical image processing apparatus for digital imaging in X-ray diagnostics; medical imaging apparatus; products for medical analysis, namely, glucose monitors, wearable devices, blood pressure monitors, physiotherapy equipment, radiology machines and blood testing equipment and apparatus; products for medical imagery, namely, glucose monitors, wearable devices, blood pressure monitors, physiotherapy equipment, radiology machines and blood testing equipment; thermal image apparatus for medical use; ultrasound imaging devices for medical use; measuring machines for medical use, namely, glucose monitors, wearable devices, blood pressure monitors, physiotherapy equipment, radiology machines and blood testing equipment; measuring apparatus for medical use, namely, glucose monitors, wearable devices, blood pressure monitors, physiotherapy equipment, radiology machines and blood testing equipment; coordinate analysing machines for medical use; electrical machines for use in treating the human body, namely, glucose monitors, wearable devices, blood pressure monitors, physiotherapy equipment, radiology machines and blood testing equipment; digital measuring instruments, namely, blood pressure monitors; digital measuring apparatus, namely, blood pressure monitors
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [009]
Computer & Software Products & Electrical & Scientific Products
Downloadable communication software for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; downloadable computer software for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; downloadable computer software products for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; downloadable computer software programs for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; downloadable computer software programs for database management; downloadable data communications software; downloadable data processing software; downloadable computer software applications for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; downloadable communications processing computer software; downloadable communications programmes, namely, for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; downloadable communications systems, namely, for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; downloadable computer programs for use in communications, namely, for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; downloadable computer programs in the field of communication links, namely, for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; downloadable computer software for communication between computer processes, namely, for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; downloadable computer programs for analysing, storing, reporting, tracking and monitoring health, wellbeing and medical data; downloadable computer programs for use in database management; downloadable computer programs for use as searching directories; apparatus for scanning, namely, scanners for data processing; digital measuring instruments, namely, glucose monitors, wearable devices, radiology machines and blood testing equipment; digital measuring apparatus, namely, glucose monitors, wearable devices, radiology machines and blood testing equipment
First Use Date in General
N/A
First Use Date in Commerce
N/A
Mark Details
Serial Number
No 79393460
Mark Type
No Service Mark
Attorney Docket Number
No
44D Filed
No
44D Current
No
44E filed
No
44E Current
No
66A Filed
Yes
66A Current
Yes
Current Basis
No
No Basis
No
Legal History
| Status Date | Action Taken |
|---|---|
| 14th Sep 2024 | REFUSAL PROCESSED BY IB |
| 29th Aug 2024 | REFUSAL PROCESSED BY MPU |
| 29th Aug 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| 29th Aug 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| 28th Aug 2024 | NON-FINAL ACTION WRITTEN |
| 20th Aug 2024 | ASSIGNED TO EXAMINER |
| 23rd Apr 2024 | APPLICATION FILING RECEIPT MAILED |
| 18th Apr 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| 16th Apr 2024 | LIMITATION FROM ORIGINAL APPLICATION ENTERED |
| 11th Apr 2024 | SN ASSIGNED FOR SECT 66A APPL FROM IB |