FINAL REFUSAL - MAILED
mailed
on 11 Sep 2024
Last Applicant/ Owned by
63-66 Hatton Garden London EC1N 8LE
GB
Serial Number
79380157 filed on 25th Apr 2023
Registration Number
N/A
Correspondent Address
Steven M. Espenshade
Filing Basis
1. filing basis filed as 66 a
Disclaimer
NO DATA
SMARTRHYTHM
apparatus, devices and articles for nursing infants, namely, nursing bottles; furniture adapted for medical use being furniture especially made for medical purposes; breast pumps; breast pumps for use by nursing mothers; cushions for medical use for supporting infants while being breastfed; slings being supporting bandages for medical use for supporting infants while being breastfed; medical appar Read More
Classification Information
Class [035]
Advertising, Business & Retail Services
retail store services and online retail store services in the fields of downloadable mobile applications for tracking, collecting, editing, organising, modifying, transmitting, storing and sharing data relating to activity level, pelvic training, heart rate, sleep, fertility, breast feeding cycles, menstrual cycles, hormones, temperature, breathing patterns, blood oxygen and heart rate variability, downloadable software for tracking, collecting, editing, organising, modifying, transmitting, storing and sharing data relating to activity level, pelvic training, heart rate, sleep, fertility, breast feedin cycles, menstrual cycles, hormones, temperature, breathing patterns, blood oxygen and heart rate variability, computer software programs for tracking, collecting, editing, organising, modifying, transmitting, storing and sharing data relating to activity level, pelvic training, heart rate, sleep, fertility, breast feeding cycles, menstrual cycles, hormones, temperature, breathing patterns, blood oxygen and heart rate variability, mobile apps for tracking, collecting, editing, organising, modifying, transmitting, storing and sharing data relating to activity level, pelvic training, heart rate, sleep, fertility, breast feeding cycles, menstrual cycles, hormones, temperature, breathing patterns, blood oxygen and heart rate variability, baby care products (non-medicated), nappy rash cream, pharmaceuticals preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies, dietary supplements for human beings and animals, preparations for the diagnosis of pregnancy, contraceptive preparations, sanitary towels, sanitary tampons, baby diapers, medicated baby oils, medicated baby powder, disposable baby nappies, beverages for infants, children's vitamins, disposable napkins made of paper for infants, disposable training pants for infants, infant formula, powdered milk foods for infants, chemical preparations for the diagnosis of pregnancy, pharmaceutical preparations for preventing skin blemishes during pregnancy, pharmaceutical preparations for hydrating the skin during pregnancy, topical herbal creams for firming and enhancing breasts, topical balms, gels, creams, lotions and emollients for medical and therapeutical use, therapeutic dressings containing lanolin, medicated and non-medicated preparations, knickers for sanitary purposes, disposable undergarments for use post-partum being diapers, fertility test kits, clinical diagnostic reagents, breast-nursing pads, breast pads, preparations to facilitate teething, massage apparatus, apparatus and devices for nursing infants, supportive bandages, furniture adapted for medical use, breast pumps, breast pump kits, cushions for medical use for supporting infants while being breastfed, slings being supporting bandages for medical use, medical apparatus for strengthening muscles of the pelvic floor, gynaecological medical instruments, feeding bottles, babies' bottles, nursing bottles, nipples for baby bottles, breast milk storage bottles, breast milk storage bags, breast milk storage containers, biodegradable breast milk storage containers in the form of bags and bottles, suction bottles for medical use, covers for baby feeding bottles, teats for use with babies' feeding bottles, maternity belts, breast shields, pouches and bags for secretions, medical apparatus for compressed air, apparatus for use in medical analysis including apparatus for analysing mother's milk, pouches and containers for the collection and storing mother's milk and for breastfeeding, nipple protectors, nipple formers, nipple shields, nipple care preparations for medical purposes, small bags for steam cleaning and sterilisation for medical purposes, breasts cooling pads, breasts warming pads, apparatus and devices for nursing infants, feeding bottle valves, diagnostic apparatus for pregnancy testing, baby bottle sterilizers, baby bottle warmers, baby food warmers
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [010]
Medical Instrument Products
apparatus, devices and articles for nursing infants, namely, nursing bottles; furniture adapted for medical use being furniture especially made for medical purposes; breast pumps; breast pumps for use by nursing mothers; cushions for medical use for supporting infants while being breastfed; slings being supporting bandages for medical use for supporting infants while being breastfed; medical apparatus for strengthening muscles of the pelvic floor for use to treat symptoms of urinary incontinence and for therapeutic purposes; pelvic rests being medical apparatus; pelvic clamps; emergency pelvic clamps; gynaecological medical instruments for examining women' s reproductive organs; vaginal specula; vaginal dilators; uterine dilators; feeding bottles; babies' bottles; nursing bottles; babies' feeding bottles; infants' feeding bottles; nipples for baby bottles; breast milk storage bottles; breast milk storage bags; breast milk storage containers; biodegradable breast milk storage containers in the form of bags and bottles; covers for baby feeding bottles; teats for use with babies' feeding bottles; maternity belts, namely, maternity support belts for medical purposes; maternity support belts for medical purposes; breast shields; clips, surgical; bandage clips; pacifier clips; breast pumps, including manual breast pumps, electric breast pumps and battery-operated breast pumps; medical devices, namely, collector tanks, pouches and bags for secretions; apparatus for use in medical analysis, namely, apparatus for analysing mother's milk; nipple shields for breastfeeding, feeding bottles; pouches and containers for the collection, deep-freezing, storing, transport, for reheating mother's milk and for breastfeeding, for medical purposes, feeding bottle teats, feeding bottle teats for medical purposes; apparatus, instruments and means for absorbing foods and medicines, in particular for premature babies, babies and small children for medical purposes; nipple protectors, nipple formers being nipple shields, nipple shields; teats being babies pacifiers; small bags for steam cleaning and sterilisation, for medical purposes; suction pumps being breast pumps for medical use and parts thereof; breasts cooling pads for medical purposes; breasts warmer pads for medical purposes; feeding bottle valves; obstetric apparatus, namely, obstetric forceps; nipple protective cover being nipple protectors for breastfeeding; feeding bottle valves and babies' bottles; parts and fittings for the aforesaid goods
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [009]
Computer & Software Products & Electrical & Scientific Products
apparatus for recording, transmission or reproduction of sound or images; downloadable applications for smartphones and tablets, namely, downloadable software for tracking, collecting, editing, organising, modifying, transmitting, storing and sharing data relating to activity level, pelvic training, heart rate, sleep, hormones, fertility, breast feeding cycles, menstrual cycles, temperatures, breathing patters, blood oxygen and heart rate variability; downloadable computer software for tracking, collecting, editing, organising, modifying, transmitting, storing and sharing data relating to activity level, pelvic training, heart rate, sleep, hormones, fertility, breast feeding cycles, menstrual cycles, temperatures, breathing patterns, blood oxygen and heart rate variability; downloadable application software for tracking, collecting, editing, organising, modifying, transmitting, storing and sharing data relating to activity level, pelvic training, heart rate, sleep, fertility, breast feeding cycles, menstrual cycles, temperatures, breathing patterns, blood oxygen and heart rate variability; downloadable computer software applications for tracking, collecting, editing, organising, modifying, transmitting, storing and sharing data relating to activity level, pelvic training, heart rate, sleep, hormones, fertility, breast feeding cycles, menstrual cycles, temperature, breathing patterns, blood oxygen and heart rate variability; downloadable educational software for children; downloadable computer software for managing integrated digital databases in the field of healthcare; computer hardware; computer software for use in the healthcare services for tracking data relating to activity level, pelvic training, heart rate, sleep, fertility, breast feeding cycles, menstrual cycles, hormones, temperature, breathing patterns, blood oxygen and heart rate variability; downloadable software to enable wireless data streaming between connected accessories and smartphone via wireless communication; downloadable software enabling the user to record workouts and see exercises; downloadable computer software programs containing information in relation to strengthening muscles; downloadable computer software programs containing information in relation to strengthening muscles of the pelvic floor; downloadable mobile apps containing medical and clinical information in relation to strengthening muscles of the pelvic floor; wearable activity trackers and monitors for analysing and tracking sleep patterns in adults and infants; pedometers; biometric scanner; batteries, electric; parts and fittings for all the aforesaid goods
First Use Date in General
N/A
First Use Date in Commerce
N/A
Mark Details
Serial Number
No 79380157
Mark Type
No Service Mark
Attorney Docket Number
No STOB1086US
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 |
|---|---|
| 11th Sep 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| 11th Sep 2024 | FINAL REFUSAL E-MAILED |
| 11th Sep 2024 | FINAL REFUSAL WRITTEN |
| 22nd Aug 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 22nd Aug 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 22nd Aug 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 19th Mar 2024 | REFUSAL PROCESSED BY IB |
| 26th Feb 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| 26th Feb 2024 | REFUSAL PROCESSED BY MPU |
| 02th Feb 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |