FUNCTION

What this means for you

Approved and waiting on proof of use. It will register unless the applicant drops it, and its 09 Mar 2024 filing date already counts against anyone who files later.

Record

Serial number

98442071

Mark type

Stylized text

Filed

09 Mar 2024

Published for opposition

22 Oct 2024

Attorney of record

Daniel Swerdlin

Goods and services

• Class 009 — Scientific and electric apparatus: Downloadable mobile application that enables users to request, schedule, and purchase medical analysis and diagnostic testing services, specimen collection services, and laboratory testing services; downloadable mobile application for the transmission and display medical information and data, namely, information and data relating to specimen and sample collection and analysis, patient-reported health information, diagnostic testing and test results, health and lifestyle practices and choices in light of a sample or specimen analysis, diagnostic test, and/or self-reported health information, and/or interactions with and communications to and from one or more medical care providers; downloadable mobile application for video and text communications relating to medical information and data, namely, communications relating to specimen and sample collection and analysis, patient-reported health information, diagnostic testing and test results, health and lifestyle practices and choices in light of a sample or specimen analysis, diagnostic test, and/or self-reported health information, and/or interactions with and communications to and from one or more medical care providers; downloadable mobile application for video and text communications with medical care providers, namely, medical doctors, doctors of osteopathic medicine, physician's assistants, nurses, licensed medical assistants, and/or administrative staff supporting the aforementioned health care professionals; downloadable mobile application for use in conducting telehealth services; downloadable mobile application for prescription fulfillment, delivery, and management; downloadable mobile application for use in medical diagnosis and diagnostic testing; downloadable mobile application for diet and dietary management.
• Class 029 — Meats and processed foods: Meal kits consisting primarily of meat, fruits, and/or vegetables; diet kits consisting primarily of meat, fruits and/or vegetables.
• Class 035 — Advertising and business services: Retail store services featuring pharmaceuticals, prescription medications and treatments, thermometers, blood pressure measurement devices, pulse measurement devices, oxygen measurement devices, glucose measurement devices, syringes and IV solution sets, hearing aids and assistive listening devices, glasses and lenses, and over-the-counter medications, medicines, ointments, creams, powders, tablets, supplements, and treatments; food and beverage procurement, namely, purchasing food and beverages for others; healthcare referral services; healthcare referral services, namely, clinical trial matching and referral services.
• Class 039 — Transportation and storage services: Food and beverage packaging and delivery services; medical transport services; prescription delivery services.
• Class 042 — Scientific and technological services: Providing a website featuring non-downloadable software for video and text communications with medical care providers, namely, medical doctors, doctors of osteopathic medicine, physician's assistants, nurses, licensed medical assistants, and/or administrative staff supporting the aforementioned medical professionals; providing a website featuring non-downloadable software for use in conducting telehealth services; providing a website featuring non-downloadable software for prescription fulfillment, delivery, and management; providing a website featuring non-downloadable software for use in medical diagnosis and diagnostic testing; providing a website featuring non-downloadable software for diet and dietary management.
• Class 043 — Restaurant and hotel services: Food and beverage preparation services; providing personalized meal plan services via a website.
• Class 044 — Medical, beauty and agricultural services: Medical analysis and diagnostic services for the care and treatment of persons, as following a specimen and/or sample collection; blood collection, storage, and analysis services for medical purposes; phlebotomy services; medical treatment services; specimen and sample collection, storage, and analysis services for medical purposes; mobile medical services; collection, analysis, and banking services for sperm, t-cells, and stem cells for medical purposes; prescription fulfillment and management services, namely, preparation of prescriptions by pharmacists and prescription refill reminder services; home healthcare services; dietician services; nutritional consulting services, namely, dietary analysis and recommendation services; nutritional consulting services, namely, supplement and regimen recommendation services; telehealth services; weight reduction diet plan services; all of the foregoing excluding physical therapy and physical rehabilitation services, including physical rehabilitation services in the nature of aquatic physical therapy.

Owner

• Function Health Inc., Austin, TX, US
• Function Health Inc., Austin, TX, US

Prosecution history

• 01 Dec 2025 — ITU OFFICE ACTION ISSUED FOR DIVISIONAL REQUEST
• 24 Nov 2025 — CASE ASSIGNED TO INTENT TO USE PARALEGAL
• 03 Jun 2025 — TEAS REQUEST TO DIVIDE RECEIVED
• 03 Jun 2025 — TEAS STATEMENT OF USE RECEIVED
• 03 Jun 2025 — SOU TEAS EXTENSION RECEIVED
• 03 Dec 2024 — NOA E-MAILED - SOU REQUIRED FROM APPLICANT
• 26 Oct 2024 — TEAS CHANGE OF CORRESPONDENCE RECEIVED
• 26 Oct 2024 — ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
• 26 Oct 2024 — TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
• 26 Oct 2024 — APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
• 26 Oct 2024 — TEAS CHANGE OF OWNER ADDRESS RECEIVED
• 22 Oct 2024 — OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
• 22 Oct 2024 — PUBLISHED FOR OPPOSITION
• 02 Oct 2024 — NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
• 13 Sept 2024 — APPROVED FOR PUB - PRINCIPAL REGISTER