Drawing for CONTINUE

USPTO serial 79440406

CONTINUE

Reviewed by CopyMark Law Group

Status 645Office Action
Filing date
Status date
Registration date
—
Examiner
DWYER, JOHN D
Law office
TMO LAW OFFICE 116

What this means

The USPTO has issued an Office Action on this application. A response is typically required before the deadline, or the application can be abandoned.

Status 645: Status 645 means the USPTO mailed a final refusal maintaining at least one objection to your application. You can respond, appeal to the Trademark Trial and Appeal Board, or allow the application to abandon.

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Owner

Attorney of record

The USPTO lists this attorney as the applicant's representative for correspondence on this application.

Lauren K. Tagarao

Lauren K. Tagarao Renner, Otto, Boisselle & Sklar, LLP1621 Euclid AvenueFloor 19Cleveland, OH 44115

Goods and services

ClassDescriptionStatusFirst use
005Dietary and nutritional supplements; nutraceuticals for use as a dietary supplementACTIVE—
009Personal electronic monitors for monitoring health, fitness, wellness, nutrition, and physical activity, exercise activity, sleep activity, and cognitive activity, and for transmitting information relating to metabolism, nutrition, energy, activity level, carbohydrate storage, fitness, sleep, health, and breath, not for medical use; downloadable software application for use by individuals monitoring health, fitness, wellness, nutrition, activity and transmit information relating to metabolism, nutrition, energy, activity level, carbohydrate storage, fitness, sleep, health, and breathACTIVE—
010Surgical instruments and apparatus; for use in cardiovascular and neurological diagnostic procedures; massage apparatus; face masks for medical purposes; massage appliances, namely, electric massage rollers and any handheld electric body massagers; foam massage rollers; electric body massagers; massage balls; physiotherapy apparatus, namely, electric muscle stimulators and transcutaneous electrical nerve stimulation (TENS) units; physical exercise apparatus for medical purposes; medical apparatus comprised of wearable monitors and glucometers for measuring biometric data for medical use, and for storing, relaying, tracking, measuring and displaying biometric data, heart rate, oxygen consumption, metabolic performance, calorie count and blood glucose levels using blood glucose as a biomarker; heart rate monitoring apparatus comprising of biometric sensors to measure heart rate; respiration rate monitors and blood oxygen monitors; medical device used for collecting, measuring, and displaying blood oxygen levels, heart rate, respiratory rate, bio-signals, and other physiological data, body's autonomic nervous system, bio-signals, bodily behaviour, recovery from physical and emotional stress, human alertness level and performance and for displaying, storing, sending, transmitting and receiving instructions and data relating to any of the above, for medical and therapeutic purposesACTIVE—
020Mattresses; mattress toppers; beds and bolsters; feather beds; futon mattresses; mattress cushions; mattress foundations; box springs; pillowsACTIVE—
028Games, toys and playthings, namely, electronic educational games for physical training, cognitive training, puzzle games, and brain training games; gymnastic articles, namely, bars, mats, gymnastic training equipment. benches; sporting articles, namely, yoga mats, exercise mats, exercise benches, exercise machines, free weights, wrist and ankle weights; exercise equipment, namely, exercise treadmills, and stationary exercise bicycles; gym weights being exercise weights, resistance bands for fitness purposes, exercise yoga blocks, skipping rope, foam exercise rollers, balance balls being exercise equipment, medicine ball; balance boards for improving strength, toning, conditioning, and balance; aerobic step machines, workout gloves.ACTIVE—
035Advertising; business management; business administration; providing office functions; retail store services featuring having wearable health and fitness monitors, wearable activity trackers, wearable computer peripherals, exercise equipment, apparel, jewellery, and nutritional supplements; on-line retail store services having wearable health and fitness monitors, wearable activity trackers, wearable computer peripherals, exercise equipment, apparel, jewellery, and nutritional supplements.ACTIVE—

Related trademarks

CopyMark links this record to cited §2(d) serials, the owner's other marks, Nice classes, similar mark names, and recently changed USPTO applications.

Prosecution history

DateCodeEventWhat it means
Aug 26, 2026GNFNNOTIFICATION OF FINAL REFUSAL EMAILED—
Aug 26, 2026GNFRFINAL REFUSAL E-MAILEDA final Office Action (final refusal) means the examining attorney is maintaining at least one refusal and your options are narrower. You can file a response addressing the refusal, appeal to the Trademark Trial and Appeal Board, or let the application abandon.
Aug 26, 2026CNFRFINAL REFUSAL WRITTENA final Office Action (final refusal) means the examining attorney is maintaining at least one refusal and your options are narrower. You can file a response addressing the refusal, appeal to the Trademark Trial and Appeal Board, or let the application abandon.
Aug 4, 2026TEMETEAS/EMAIL CORRESPONDENCE ENTERED—
Aug 4, 2026CRFACORRESPONDENCE RECEIVED IN LAW OFFICE—
Aug 4, 2026TROATEAS RESPONSE TO OFFICE ACTION RECEIVEDThis event means the applicant filed a response to a USPTO Office Action — typically arguments, amendments, or evidence addressing the examiner's objections. The USPTO will review the response and either allow the mark to proceed or issue another action.
Feb 26, 2026RFNTREFUSAL PROCESSED BY IB—
Feb 6, 2026RFCSNON-FINAL ACTION MAILED - REFUSAL SENT TO IB—
Feb 6, 2026RFRRREFUSAL PROCESSED BY MPU—
Jan 13, 2026RFCRNON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW—
Jan 12, 2026CNRTNON-FINAL ACTION WRITTENA non-final Office Action means the USPTO examining attorney has raised at least one issue with your trademark application but has not made a final decision. You usually have three months to respond with arguments, amendments, or evidence. Missing the deadline can abandon the application.
Jan 6, 2026DOCKASSIGNED TO EXAMINER—
Jan 5, 2026MAFRAPPLICATION FILING RECEIPT MAILED—
Jan 5, 2026NWOSNEW APPLICATION OFFICE SUPPLIED DATA ENTERED—
Jan 1, 2026REPRSN ASSIGNED FOR SECT 66A APPL FROM IB—

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