throbber
To:
`Subject:
`Sent:
`Sent As:
`
`GERALD L. FELLOWS(jerry.fellows@gtlaw.com)
`U.S. Trademark Application Serial No. 97397105 - MOTIVE - - 143529030100
`July 03, 2024 03:16:26 PM EDT
`tmng.notices@uspto.gov
`
`Attachments
`
`6182037
`7334119
`5876828
`7257767
`5772222
`screencapture-www-gottfriedmedical-com-17176884241501
`screencapture-www-gottfriedmedical-com-lymphedema-17176885343501
`screencapture-www-gottfriedmedical-com-scar-management-ensil-17176886409441
`screencapture-www-lunamedical-com-products-17176888611321
`screencapture-www-lunamedical-com-practitioner-portal-17176889296111
`screencapture-www-byramhealthcare-com-product-and-services-catalog-63456-other-
`17176893818561
`screencapture-www-byramhealthcare-com-home-health-solutions-overview-17176894804551
`screencapture-www-cardinalhealth-com-en-product-solutions-medical-patient-care-surgi-bra-
`and-surgi-vest-breast-supports-html-17200328402301
`screencapture-www-cardinalhealth-com-en-product-solutions-medical-compression-t-e-d-
`anti-embolism-stockings-html-17200328575131
`screencapture-www-cardinalhealth-com-en-medical-affairs-html-17200328884071
`screencapture-www-medline-com-product-ReadyWrap-Calf-Compression-Wraps-Z05-
`PF131093-17200329950361
`screencapture-www-medline-com-strategies-17200330222211
`screencapture-mms-mckesson-com-product-1159101-McKesson-Brand-155-81-82395-
`17200330729671
`screencapture-mms-mckesson-com-resources-17200330893041
`screencapture-www-stryker-com-us-en-sustainability-ifus-html-17200331865511
`screencapture-www-stryker-com-us-en-training-and-education-html-17200332178321
`screencapture-www-advantagemedical-com-products-the-strassburg-sock-17200336989791
`screencapture-www-advantagemedical-com-blog-17200337172321
`screencapture-www-cascadehealthcaresolutions-com-hinged-knee-brace-reddie-
`17200337320481
`screencapture-www-cascadehealthcaresolutions-com-blog-first-aid-smarts-using-triple-
`antibiotic-ointment-safely-and-effectively-17200337453261
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No.  97397105
`
`Mark:   MOTIVE
`
`Correspondence Address:  
`
`

`

`GERALD L. FELLOWS
`GREENBERG TRAURIG, LLP
`2200 ROSS AVENUE
`SUITE 5200
`DALLAS TX 75201
`UNITED STATES
`
`Applicant:   MOTIVE HEALTH, INC.
`
`Reference/Docket No.  143529030100
`
`Correspondence Email Address:   jerry.fellows@gtlaw.com
`
`
`
`
`
`
`REQUEST FOR RECONSIDERATION AFTER FINAL ACTION DENIED
`
`Issue date:   July 3, 2024
`
`Applicant’s request for reconsideration is denied.   See 37 C.F.R. §2.63(b)(3).  The trademark
`examining attorney has carefully reviewed applicant’s request and determined the request did not:  (1)
`raise a new issue, (2) resolve all the outstanding issue(s), (3) provide any new or compelling evidence
`with regard to the outstanding issue(s), or (4) present analysis and arguments that were persuasive or
`shed new light on the outstanding issue(s).  TMEP §§715.03(a)(ii)(B), 715.04(a).  
`
`Application History:
`
`This Office action is in response to applicant’s communication filed on  August 23, 2023.
`
`In a previous Office action(s) dated  February 23, 2023, the trademark examining attorney refused
`registration of the applied-for mark based on the following: Trademark Act Section 2(d) for a
`likelihood of confusion with a registered mark. In addition, applicant was required to satisfy the
`following requirement(s): amend the identification of goods and/or services .
`
`Based on applicant’s previous response, the following requirement(s) have been satisfied:  amended
`identification of goods provided.  See  TMEP §§713.02, 714.04.
`
`Accordingly, the following requirement(s) and/or refusal(s) made final in the Office action dated
`December 5, 2023, are maintained and continued: 
`
`
`•
`
` Section 2(d) - Likelihood of Confusion Refusal
`
`
`See TMEP §§715.03(a)(ii)(B), 715.04(a).  
`
`The examining attorney responds to applicant's arguments below:
`
`Applicant's Arguments
`
`Applicant argues that the nature of the goods and services are dissimilar. Specifically, applicant argues
`
`

`

`that the evidence provided by the examining attorney does not show the services at issue being
`provided for the benefit others. The examining attorney has attached additional evidence from Cardinal
`Health, Medline, Mckesson, Stryker, Gotfried Medical, Luna Medical, Cascade Healthcare Solutions,
`Advantage Medical, and Byram Healthcare, which are entities that provide wearable garments for
`therapeutic purposes and also offer medical, health, and wellness information to others and healthcare
`providers. 
`
`Applicant argues that the nature of the goods and services provided are different. Specifically, applicant
`presents evidence from registrant's and applicant's website, to support the fact that the nature of the
`goods and services are different and
`that registrant does not provide any of applicant's
`goods.  Determining likelihood of confusion is based on the description of the goods and/or services
`stated in the application and registration at issue, not on extrinsic evidence of actual use.  See In re
`Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re
`i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).  Furthermore,
`although registrant may not provide the applicant's goods, the evidence of record supports the fact that
`other entities provide the same goods and services at issue, under the same mark. 
`
`Applicant argues that the cited services are sold through completely different channels of trade. The
`examining attorney set forth in previous Office Actions that the services at issue for the services
`"Providing medical information services; providing health care information services by electronic
`means; providing medical, preventive, and wellness information to health care providers" in Class 44.
`The evidence previously attached and the evidence of record demonstrates that the goods and services
`not only travel in the same channels of trade, but often emanate from the same source.
`
`Applicant argues that care would be exercised by purchasers of Applicant's Goods and the Cited
`Services. Specifically, applicant argues that the consumers are astute and careful in making decisions to
`purchase te goods and services and the goods and services are not purchased on impulse.  Even if
`consumers of
`the compared goods and/or services could be considered sophisticated and
`discriminating, it is settled that “even sophisticated purchasers are not immune from source confusion,
`especially in cases such as the present one involving identical marks and related goods [and/or
`services].” In re i.am.symbolic, llc, 116 USPQ2d 1406, 1413 (TTAB 2015) (citing In re Research &
`Trading Corp., 793 F.2d 1276, 1279, 230 USPQ 49, 50 (Fed. Cir. 1986)), aff’d, 866 F.3d 1315, 123
`USPQ2d 1744 (Fed. Cir. 2017); see also In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687,
`1690 (Fed. Cir. 1993). The identity of the marks and the relatedness of the goods and/or services
`“outweigh any presumed sophisticated purchasing decision.” In re i.am.symbolic, llc, 116 USPQ2d at
`1413 (citing HRL Assocs., Inc. v. Weiss Assocs., Inc., 12 USPQ2d 1819, 1823 (TTAB 1989), aff'd, 902
`F.2d 1546, 14 USPQ2d 1840 (Fed. Cir. 1990)); see also Stone Lion Capital Partners, LP v. Lion
`Capital LLP, 746 F.3d 1317, 1325, 110 USPQ2d 1157, 1163-64 (Fed. Cir. 2014).
`
`If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will
`be notified to resume the appeal.   See TMEP §715.04(a).  
`
`If applicant has not filed an appeal and time remains in the response period for the final Office
`action, applicant has the remainder of that time to (1) file another request for reconsideration that
`complies with and/or overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a
`notice of appeal to the Board.  TMEP §715.03(a)(ii)(B).
`
`

`

`
`
`/Cherise Barandao/
`Cherise Barandao
`Examining Attorney
`LO127--LAW OFFICE 127
`(571) 270-5113
`Cherise.Barandao@uspto.gov
`
`
`
`

`

`6182037
`
`                                                  
`
`Word Mark
`
`T I_E ;
`
`
`
`Goods/Services
`
`IC 010 US 039 044 026
`X-ray diagnostic apparatus; electric heating pads for medical purposes;
`apparatus for phototherapy, namely, electronic light therapy apparatus for the
`skin; apparatus for the electrical stimulation of groups of muscles for physical
`therapy purposes; apparatus for the treatment of deafness, namely, hearing aids;
`medical endoscopes; medical measuring instruments of human head bio-signal,
`namely, electroencephalographs; electroencephalographs; massaging apparatus
`for personal use; wearable biometric monitors being measuring devices for
`medical purpose; sex toys; surgical robots; gloves for use during medical
`operations; electrocardiograph monitors; medical clothing, namely, surgical
`scrub suits, tops, pants, and hats; blankets, electric, for medical purposes; dental
`instruments, namely, prophy angles; electro-stimulation apparatus for muscles
`and nerves for use in therapeutic treatment for physical therapy, rehabilitative
`and pain management; laryngeal masks.
`
`IC 015 US 002 021 036
`Drum practice pads; drums and percussion instruments; accordions; tuning
`apparatus for musical instruments; musical instruments; electronic musical
`keyboards; tuners for musical instruments; electric and electronic musical
`instruments; electric musical instruments; electronic pianos; tuners for
`electronic musical instruments; piano keyboards; pianos.
`
`IC 032 US 045 048 046
`Mineral and aerated waters; lagers; beer; soda water; smoothies; syrups,
`powders, and concentrates for making beverages; drinking waters; malt extracts
`for making liquors; soft drinks.
`
`IC 038 US 100 104 101
`Telecommunications services provided by means of optical fiber networks;
`leasing of access time to local area networks; leasing of telecommunication
`apparatus in the nature of local area networking equipment; communications
`via a global computer network or the internet; data transmission via
`telecommunication services; datacasting; message sending and receiving
`services; internet service provider services, namely, provision of access to
`games via wireless internet; telecommunications, namely, transfer of data by
`
`

`

`telecommunications, ISDN services; transmission of voice via a wired or
`wireless network; communication via interactive voice response [IVR], namely,
`call routing, call forwarding, call screening, call recording, telephone voice
`messaging, and electronic messaging services to deliver information to
`customers of others; electronic transmission of images; electronic transmission
`of user location information via satellite, digital transmission, or computer
`terminals; transmission of information by satellite; multimedia broadcasting via
`the Internet and other communications networks; internet service provider
`services, namely, providing access to social networks via the internet; video-
`on-demand broadcasting; teletext and interactive video broadcasting services;
`broadcasting of teleshopping programs.
`
`IC 044 US 100 101
`Medical and healthcare services relating to DNA, genetics and genetic testing;
`development of individual physical rehabilitation programs; advisory services
`relating to health; health massage; providing health information; aerial
`spreading of agricultural chemicals; pest control services for agriculture,
`horticulture or forestry; [ medical services for the care of the skin; ] health spa
`services for health and wellness of the body and spirit; physical rehabilitation;
`psychological diagnosis services; animal beautician services for dogs;
`telemedicine services; health farm services, namely, medical services provided
`at a health resort; medical health care consultancy services; medical
`consultancy for selecting appropriate medicines; medical information services
`provided via the Internet; landscape gardening; provision of medical
`information relating to behavioural modification.
`
`Register
`
`Serial Number
`
`Filing Date
`
`Priority Date
`
`PRINCIPAL
`
`79270757
`
`2019-07-17T00:00:00
`
`2019-01-18
`
`Original Filing Basis
`
`Current Filing Basis
`
`66a
`
`66a
`
`Publication Date
`
`2020-08-11
`
`Registration Number
`
`6182037
`
`Date Registered
`
`2020-10-27
`
`Owner
`
`Type of Mark
`
`(REGISTRANT) this is engineering Inc. (CORPORATION; REPUBLIC OF
`KOREA); 514, 42, Changeop-ro, Sujeong-gu,, Seongnam-si, Gyeonggi-do,
`REPUBLIC OF KOREA
`
`•
`•
`
`TRADEMARK
`SERVICE MARK
`
`

`

`Mark Drawing Code
`
`(4) STANDARD CHARACTER MARK
`
`Live Dead Indicator
`
`LIVE
`
`Status
`
`REGISTERED
`
`Attorney of Record
`
`Lawrence E. Laubscher, Jr.
`
`
`
`
`Print:
`
` June 6, 2024 11:40 AM 
`

`

`

`7334119
`
`                                                        
`
`Word Mark
`
`SERVIER MOVED BY YOU
`
`
`
`Goods/Services
`
`IC 005 US 005 006 018 044 046 051 052
`Pharmaceutical products, medical and veterinary preparations all for the
`prevention and the treatment of cardiovascular, immune-inflammatory,
`neurodegenerative, respiratory, oncological, metabolic and osteoporosis
`diseases and disorders; sanitary products for medicine, namely, sanitary
`preparations for medical purposes; dietetic substances and foodstuffs for
`medical or veterinary use, namely, food for babies; dietary supplements for
`humans and animals; medical plasters; materials for dressings, namely, medical
`dressings; materials for dental fillings and dental impressions; disinfectants;
`products for destroying vermin, namely, vermin destroying preparations;
`fungicides, herbicides; biomaterials in the form of biological tissue cultures for
`medical use.
`
`IC 009 US 021 023 026 036 038
`Scientific, optical, weighing, measuring, signaling, checking, inspecting, life-
`saving and teaching apparatus and instruments, namely, computers and
`microscopes; apparatus and instruments for conducting, switching,
`transforming, accumulating, regulating or controlling electricity, namely,
`electric current transformers, electrical power distribution units; apparatus for
`sound or image recording, transmission and reproduction; magnetic recording
`media, namely, blank magnetic disks; data and data information processing
`apparatus and equipment, namely, couplers; sound recording disks, namely,
`blank audio discs; digital recording media, namely, blank magnetic disks; data
`and data information processing apparatus and equipment; software, namely,
`downloadable software for processing digital images of the anatomy for
`diagnostic and treatment; downloadable computer programs for managing
`electronic data and databases, database administration, managing cloud
`applications, and self-automation of database-management activities;
`computers; software recorded on magnetic media or downloaded from a remote
`computer network for the analysis, storage and monitoring of medical data;
`downloadable computer software applications for providing prevention and
`treatment information in the fields of cardiovascular, immune-inflammatory,
`neurodegenerative, respiratory, oncological, metabolic and osteoporosis
`diseases and disorders; telecommunication equipment for use with mobile
`
`

`

`networks, namely, telecommunication exchangers, telecommunications
`transmitters; personal digital assistant; electronic signal transmitters; connected
`bracelets being measuring instruments, namely, wearable activity trackers;
`connected scales being electronic scales; connected watches as measuring
`instruments, namely, smart watches; video cameras; electronic proximity
`sensors; downloadable mobile applications for providing prevention and
`treatment information in the fields of cardiovascular, immune-inflammatory,
`neurodegenerative, respiratory, oncological, metabolic and osteoporosis
`diseases and disorders; digital applications, namely, downloadable mobile
`applications for assisting with patient diagnosis, providing surveillance of
`patient health data, and providing prevention and treatment information in the
`fields of cardiovascular, immune-inflammatory, neurodegenerative, respiratory,
`oncological, metabolic and osteoporosis diseases and disorders; software
`incorporating algorithms, namely, downloadable computer software for
`assisting with patient diagnosis, providing surveillance of patient health data,
`and providing prevention and treatment information in the fields of
`cardiovascular, immune-inflammatory, neurodegenerative, respiratory,
`oncological, metabolic and osteoporosis diseases and disorders; artificial
`intelligence software, namely, downloadable computer software using artificial
`intelligence for assisting with patient diagnosis, providing surveillance of
`patient health data, and providing prevention and treatment information in the
`fields of cardiovascular, immune-inflammatory, neurodegenerative, respiratory,
`oncological, metabolic and osteoporosis diseases and disorders; downloadable
`computer software platforms in the form of information sharing software for
`providing prevention and treatment information in the fields of cardiovascular,
`immune-inflammatory, neurodegenerative, respiratory, oncological, metabolic
`and osteoporosis diseases and disorders; connected self-measurement
`instruments being scales; encoded electronic chip cards connected to an
`information system containing programming used for assisting with patient
`diagnosis, providing surveillance of patient health data, and providing
`prevention and treatment information in the fields of cardiovascular, immune-
`inflammatory, neurodegenerative, respiratory, oncological, metabolic and
`osteoporosis diseases and disorders; downloadable applications for mobile
`devices for assisting with patient diagnosis, providing surveillance of patient
`health data, and providing prevention and treatment information in the fields of
`cardiovascular, immune-inflammatory, neurodegenerative, respiratory,
`oncological, metabolic and osteoporosis diseases and disorders; spectacles;
`contact lenses; smart glasses; in-ear headphones; downloadable telemedicine
`applications for mobile devices; downloadable augmented reality software for
`assisting with patient diagnosis, providing surveillance of patient health data,
`and providing prevention and treatment information in the fields of
`cardiovascular, immune-inflammatory, neurodegenerative, respiratory,
`oncological, metabolic and osteoporosis diseases and disorders; downloadable
`virtual reality computer programs for assisting with patient diagnosis, providing
`surveillance of patient health data, and providing prevention and treatment
`information in the fields of cardiovascular, immune-inflammatory,
`neurodegenerative, respiratory, oncological, metabolic and osteoporosis
`diseases and disorders; analysis systems based on artificial intelligence,
`namely, downloadable computer software using artificial intelligence for
`assisting with patient diagnosis, providing surveillance of patient health data,
`
`

`

`and providing prevention and treatment information in the fields of
`cardiovascular, immune-inflammatory, neurodegenerative, respiratory,
`oncological, metabolic and osteoporosis diseases and disorders; medical image
`analysis systems based on artificial intelligence, namely, downloadable
`computer software using artificial intelligence for medical imaging; virtual
`reality headsets.
`
`IC 010 US 026 039 044
`Medical, surgical, dental and veterinary apparatus, instruments and equipment
`for the prevention and treatment of cardiovascular, immune-inflammatory,
`neurodegenerative, respiratory, oncological, metabolic and osteoporosis
`diseases and disorders; artificial limbs, organs being artificial hearts, eyes and
`teeth; orthopedic articles, namely, orthopedic braces, orthopedic belts; surgical
`instruments for use in orthopedic surgery; medical, surgical and orthopedic
`implants made of artificial materials; suture materials; compression stockings,
`tights and socks; stockings, tights and socks for varicose veins; bandages for
`compression dressing; medical apparatus, instruments and equipment for
`introducing pharmaceutical preparations into the human body, particularly for
`prolonged, controlled or immediate release of active substances; infusion
`devices for administering drugs and syringes for medical use; medical
`measuring instruments, in particular instruments able to directly transmit data
`to a database, in particular instruments to measure fevers, heart rate monitors;
`apparatus, instruments and equipment derived from robotics for medical use,
`namely, surgical robots; nanobots for medical use in the nature of surgical
`robots; apparatus, instruments and equipment derived from bionics for medical
`use for the prevention and treatment of cardiovascular, immune-inflammatory,
`neurodegenerative, respiratory, oncological, metabolic and osteoporosis
`diseases and disorders; medical devices, namely, connected materials for
`medical use in the nature of suture materials; medical devices, namely, smart
`materials for medical use in the nature of implants consisting primarily of
`artificial materials and also including biological materials; medical diagnostic
`apparatus for allergy tests; blood testing apparatus; medical devices intended
`for ingestion, namely, endoscopy camera for medical purposes; endoscopic
`equipment for medical purposes in the nature of video capsules; medical
`apparatus for measuring biochemical changes in blood; blood biomarker
`devices in the nature of blood testing apparatus; medical endoscopy apparatus,
`namely, medical instruments for use in endoscopy procedures; inhalers for
`medical purposes, sold empty; blood pressure monitors; physiological
`monitoring and measuring apparatus for medical use, namely, for measuring
`and monitoring blood pressure, lung capacity for use in the field of
`cardiovascular, immune-inflammatory, neurodegenerative, respiratory,
`oncological, metabolic and osteoporosis diseases and disorders; telemetry
`apparatus for medical use; acupuncture instruments; hearing aids; automatic
`analyzers for medical use, namely, hematology analyzers for medical
`diagnostic uses; medical imaging apparatus; massage apparatus.
`
`IC 042 US 100 101
`Scientific and technological services as well as research and design services
`relating thereto, namely, scientific research, technological research, and new
`product design services in the fields of pharmaceuticals and bio-chemicals for
`the prevention and treatment of cardiovascular, immune-inflammatory,
`
`

`

`neurodegenerative, respiratory, oncological, metabolic and osteoporosis
`diseases and disorders; industrial analysis and research services, namely,
`industrial research in the fields of pharmaceuticals and bio-chemicals for the
`prevention and treatment of cardiovascular, immune-inflammatory,
`neurodegenerative, respiratory, oncological, metabolic and osteoporosis
`diseases and disorders; scientific research services for medical research
`purposes; design and development of computer hardware and software;
`research, design and development of new products for others, namely, medical
`tools for monitoring, diagnosis, prediction, analysis; medical and scientific
`research, namely, conducting clinical trials for others; scientific laboratory
`services; evaluation, scientific and technical project studies in the nature of
`technical research in the field of pharmaceutical studies; providing virtual
`computer systems through cloud computing; rental of computer software for
`medical research and collaboration; updating of computer software;
`programming for computers; research and development of new products for
`third parties; electronic data storage; hosting platforms on the Internet, hosting
`of web sites; temporary provision of non-downloadable software applications
`accessible via an Internet site, namely, providing temporary use of a web-based
`software application for medical research and collaboration; web site design
`services on the Internet, especially collaborative platforms; engineering design
`services relating to robotics; development of software directed at patients.
`
`IC 044 US 100 101
`Medical services; veterinary services; hygienic and beauty care for human
`beings or animals; advice with respect to health, namely, advisory services
`relating to heath; consultation with respect to pharmacy, namely,
`pharmaceutical consultation; health services, namely, healthcare; telemedicine
`services; therapeutic services, namely, physical therapy; medical diagnosis of
`cardiovascular, immune-inflammatory, neurodegenerative, respiratory,
`oncological, metabolic and osteoporosis diseases and disorders; home health
`care care services; individualized medical prescription services, namely,
`preparation of prescriptions by pharmacists; online medical prescription
`services, namely, preparation of prescriptions by pharmacists; providing
`support in the monitoring of patients receiving medical treatment, namely,
`remote monitoring of medical data for medical diagnosis and treatment;
`consultancy in relation to medical treatment in the home; consultancy regarding
`self-medication; medical information services for patients; remote medical
`examination services; advice concerning personal well-being in the nature of
`advisory services relating to health; medical monitoring of patients including
`provided remotely for medical diagnosis and treatment purposes.
`
`Register
`
`Serial Number
`
`Filing Date
`
`Priority Date
`
`PRINCIPAL
`
`79364528
`
`2022-11-29T00:00:00
`
`2022-09-28
`
`Original Filing Basis
`
`66a
`
`

`

`Current Filing Basis
`
`66a
`
`Publication Date
`
`2024-01-09
`
`Registration Number
`
`7334119
`
`Date Registered
`
`2024-03-26
`
`Owner
`
`Type of Mark
`
`(REGISTRANT) Les Laboratoires Servier (SOCIÉTÉ PAR ACTIONS
`SIMPLIFIÉE (SAS); FRANCE); 50 rue Carnot, F-92284 Suresnes cedex,
`FRANCE
`
`•
`•
`
`TRADEMARK
`SERVICE MARK
`
`Mark Drawing Code
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Design Code
`
`010105
`
`Description of Mark
`
`•
`
`•
`
`The color(s) midnight blue and tangerine orange is/are claimed as a feature
`of the mark.
`The mark consists of the word "SERVIER" in uppercase letters in midnight
`blue, with the last letter "R" ending in a convex half-circle, and above the
`half-circle is a star with 9 rays in tangerine orange, all above the wording
`"MOVED BY YOU" written in lowercase italic letters in tangerine orange.
`
`Live Dead Indicator
`
`LIVE
`
`Status
`
`REGISTERED
`
`Attorney of Record
`
`Maury M. Tepper, III
`
`
`
`
`Print:
`
` June 6, 2024 11:40 AM 
`

`

`

`5876828
`
`
`
`                                                  
`
`Word Mark
`
`TREATTOUCH 100
`
`Goods/Services
`
`IC 005 US 006 044 018 051 052 046
`Disinfectant wound dressings; Pharmaceutical skin lotions impregnated upon
`moist paper hand towels; gauze for dressings; medicated compresses for use as
`dressings; elastic bandages for dressings; burn dressings; impregnated
`antiseptic wipes; adhesive plasters for medical purposes; plasters for medical
`purposes; Medicated pre-moistened wipes.
`
`IC 010 US 039 044 026
`Massaging apparatus for personal use; Massage apparatus for medical
`purposes; Massage apparatus for massaging feet, for medical purposes; Foot
`massaging apparatus for personal use; Massage apparatus for massaging necks
`and backs, for medical purposes; massage apparatus, electric and non-electric;
`massage apparatus for eyes; Manual massage apparatus and instruments;
`Electric foot spa massager; esthetic massage apparatus; apparatus for
`acupressure therapy; neck massage apparatus; Scalp massager apparatus; non-
`electric massage apparatus; electric esthetic massage apparatus; electric esthetic
`massage apparatus for household purposes; electric massage apparatus for
`household use; electric massage apparatus for personal use; electrically
`operated massagers; back massage apparatus; vibromassage apparatus;
`Therapeutic apparatus incorporating massaging facilities, namely, massage
`chairs with built-in massage apparatus; body massagers; electronic stimulation
`apparatus for muscles for physiotherapy purposes; body rehabilitation
`apparatus for medical purposes; Electro medical instruments for recording heart
`activity; Electronic light therapy apparatus for medical purposes, in particular
`the skin; Electronic medical instruments for cardiovascular diagnostics;
`Electronic monitoring instruments for medical use by monitoring vital signs;
`medical instruments for recording physiological data; Physical body
`composition analyzers for medical use; Physiological measuring apparatus for
`medical use for monitoring blood pressure; Physiological monitoring apparatus
`for medical use for measuring vital signs of patients; body composition
`monitors; Measuring instruments adapted for medical use for measuring blood
`pressure; Medical analytical apparatus for medical purpose for analyzing
`electrolytes in the body; medical instruments for reproducing physiological
`data; Meters for medical use for measuring body fluids; sphygmotensiometers;
`Measuring devices for medical use for measuring skin hydration;
`sphygmomanometers; Manometers for medical use; Patient monitoring
`instruments, namely, sensors and alarms; telemetry apparatus for medical use;
`Test probes for medical use for use in microbial testing; Blood testing
`apparatus for medical purposes; test electrodes for medical use; Body limb
`compression sleeves for use in soccer and other sports; body limb compression
`
`

`

`sleeves for athletic use; Supports for the body, namely the wrist, for medical
`use; Medical braces for ankles; Orthopaedic instruments for diagnostic and
`therapeutic use; Orthopaedic healing aids, namely, supportive bandages;
`Orthopaedic knee bandages; orthopaedic hosiery; orthopedic support bandages;
`orthopaedic braces; tubular elastic bandages for supporting limbs; tubular
`elastic bandages for supporting joints; Tubular supportive bandages; knee
`bandages, orthopaedic; knee bandages, orthopedic; bandages, elastic; Spine
`seat being medical apparatus; suspensory bandages for joints.
`
`IC 038 US 100 104 101
`Rental of teleprocessing apparatus and instruments; rental of wireless
`communication systems; provision of teleconferencing facilities; provision of
`teleconferencing facilities for educational purposes; rental of
`telecommunication equipment; rental of communication apparatus and
`implements; audio, video and multimedia broadcasting via the internet and
`other communications networks; broadcasting of video and audio programming
`over the internet; transmission of audio data via the internet; audio and video
`broadcasting services provided via the internet; transmission of user-generated
`content via the internet; Electronic data transmission and electronic data
`broadcasting; transmission of video data via the internet; providing voice chat
`services; wireless electronic transmission of voice signals; audio
`teleconferencing; Telephone voice message retrieval services; providing voice
`communication services over the internet; Electronic voice transmission
`services; wireless digital messaging services; transmission of data through the
`use of electronic image processing by telephone link; transfer of data by
`telephone; transfer of information by telephone; Electronic transmission of
`data, audio, video, and multimedia files; Electronic transmission of data, video,
`and multimedia files, namely, downloadable files and files streamed over a
`global computer network; Data broadcasting services, namely, transmission and
`delivery or digital media via the internet; transmission of data by electronic
`means; wireless transfer of data via digital mobile telephony; transmission of
`data and information by computer and electronic communication means;
`streaming of data; electronic delivery of data and audio-visual images, namely,
`distribution of data or audio visual images, via a global computer network or
`the internet; transmission and distribution of data or audiovisual images via a
`global computer network or the internet; transmission of data or audio visual
`images via a global computer network or the internet; Data communication
`services by electronic mail; electronic transmission of data; electronic message
`collection and transmission; electronic transmission of messages, data and
`documents; Electronic transmission services, namely, peer to peer network
`computer services in the nature of transmitting audio and video among
`computers; electronic data interchange services; electronic message sending,
`receiving and forwarding; electronic order transmission services; sending and
`receiving of electronic messages; Providing electronic and online
`communication links which transfer the web site user to other local and global
`web pages; Electronic rela

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