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What this means for you

Not registered yet, but its 09 Jan 2023 filing date beats anything filed after it. If it registers, the owner can stop confusingly similar uses in the classes it covers.

Record

Serial number

97981126

Mark type

Design + words

Filed

09 Jan 2023

Published for opposition

07 Nov 2023

Attorney of record

Jessica L. Oldani

Goods and services

• Class 009 — Scientific and electric apparatus: Downloadable computer software for building better behaviors and habits and achieving goals; Downloadable computer software for performing mental health exercises; Downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for improving positive outlook; Downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for developing mindfulness; Downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for developing gratitude; Downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for building and sustaining motivation; Downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating life; Downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating wins; Downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating achievements and victories; Downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information in the areas of community, connection, support, belonging, and fandom; Downloadable computer software for providing, capturing, and sharing positive experiences and wellness support; Downloadable computer software for creating, capturing, modifying, and sharing user content in the areas of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; Downloadable computer software for creating, capturing, modifying, and sharing user content in the areas of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, competition, personal bests, self-esteem, validation, vindication, peace, contentment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; Downloadable computer software for creating, capturing, modifying, and sharing journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; Downloadable computer software for creating, capturing, modifying, and sharing journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, competition, personal bests, self-esteem, validation, vindication, peace, contentment, balance, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; Downloadable computer software for creating, capturing, modifying, and sharing interactive journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; Downloadable computer software for creating, capturing, modifying, and sharing interactive journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, competition, personal bests, self-esteem, validation, vindication, peace, contentment, balance, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; Downloadable computer software for employee engagement, motivation, teamwork, rewards, and recognition; Downloadable computer software featuring games for building better behaviors and habits and achieving goals; Downloadable computer software featuring games for improving positive outlook, gratitude, and mindfulness; Downloadable computer software featuring games for building and sustaining motivation
• Class 038 — Telecommunications services: Providing online chat rooms for social networking; Providing online chat rooms and electronic bulletin boards for transmission of messages among users in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; Providing online chat rooms and electronic bulletin boards for transmission of messages among users in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, competition, personal bests, self-esteem, validation, vindication, peace, contentment, balance, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition
• Class 041 — Education and entertainment services: Gratitude training; Positivity training; Mindfulness training; Training in building better behaviors and habits; Training in achieving goals

Owner

• Kevin Brilliant, Chicago, IL, US
• Kevin Brilliant, Chicago, IL, US

Prosecution history

• 28 Jan 2026 — NOTIFICATION OF NON-FINAL ACTION E-MAILED
• 28 Jan 2026 — NON-FINAL ACTION E-MAILED
• 28 Jan 2026 — SU - NON-FINAL ACTION - WRITTEN
• 15 Jan 2026 — NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
• 15 Jan 2026 — STATEMENT OF USE PROCESSING COMPLETE
• 02 Jul 2025 — USE AMENDMENT FILED
• 02 Jul 2025 — SOU EXTENSION 3 GRANTED
• 01 Jul 2025 — SOU EXTENSION 3 FILED
• 09 Jan 2026 — DIVISIONAL PROCESSING COMPLETE
• 02 Jul 2025 — DIVISIONAL REQUEST RECEIVED
• 07 Jan 2026 — CASE ASSIGNED TO INTENT TO USE PARALEGAL
• 02 Jul 2025 — TEAS REQUEST TO DIVIDE RECEIVED
• 02 Jul 2025 — TEAS STATEMENT OF USE RECEIVED
• 02 Jul 2025 — SOU TEAS EXTENSION RECEIVED
• 03 Mar 2025 — NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED