FX

What this means for you

Not registered yet, but its 09 Mar 2024 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

98442077

Mark type

Stylized text

Filed

09 Mar 2024

Attorney of record

Daniel Swerdlin

Goods and services

• Class 009 — Scientific and electric apparatus: Downloadable software in the nature of a virtual assistant; downloadable software in the nature of artificial intelligence and machine learning intelligent personal assistant software for voice recognition, natural language processing, appointment scheduling, reminders and directions, delivery and provider tracking, communicating with healthcare professionals and persons adjacent to the healthcare space and their respective staffs, meal and diet planning and logging, food and beverage ordering and tracking, exercise and diet planning and logging, lifestyle planning and logging, integration of wearable device data across devices, compiling and analyzing health and wellness related data and records, and searching the internet for information relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care; downloadable software, namely, artificial intelligence software and machine learning software intelligent personal assistant software for voice recognition, natural language processing, appointment scheduling, reminders and directions, delivery and provider tracking, communicating with healthcare professionals and persons adjacent to the healthcare space and their respective staffs, meal and diet planning and logging, food and beverage ordering and tracking, exercise and diet planning and logging, lifestyle planning and logging, integration of wearable device data across devices, compiling and analyzing health and wellness related data and records, and searching the internet for information relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care; downloadable mobile application in the nature of a virtual assistant, namely intelligent personal assistant software for intelligent personal assistant software for voice recognition, natural language processing, appointment scheduling, reminders and directions, delivery and provider tracking, communicating with healthcare professionals and persons adjacent to the healthcare space and their respective staffs, meal and diet planning and logging, food and beverage ordering and tracking, exercise and diet planning and logging, lifestyle planning and logging, integration of wearable device data across devices, compiling and analyzing health and wellness related data and records, and searching the internet for information relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care; downloadable mobile application for artificial intelligence and machine learning intelligent personal assistant software for voice recognition, natural language processing, appointment scheduling, reminders and directions, delivery and provider tracking, communicating with healthcare professionals and persons adjacent to the healthcare space and their respective staffs, meal and diet planning and logging, food and beverage ordering and tracking, exercise and diet planning and logging, lifestyle planning and logging, integration of wearable device data across devices, compiling and analyzing health and wellness related data and records, and searching the internet for information relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care; downloadable mobile application for the purposes of collecting, reviewing, processing, sorting, analyzing, furnishing, and explaining data and information relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care; 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 041 — Education and entertainment services: Providing online electronic publications, namely, blogs, articles, guidebooks, e-books, and informational newsletters, for informational and educational purposes in the fields of health, wellness, nutrition, biology, physiology, and personal care
• Class 042 — Scientific and technological services: Providing a website featuring non-downloadable software in the nature of a virtual assistant, namely intelligent personal assistant software for voice recognition, natural language processing, appointment scheduling, reminders and directions, delivery and provider tracking, communicating with healthcare professionals and persons adjacent to the healthcare space and their respective staffs, meal and diet planning and logging, food and beverage ordering and tracking, exercise and diet planning and logging, lifestyle planning and logging, integration of wearable device data across devices, compiling and analyzing health and wellness related data and records, and searching the internet for information relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care; providing a website featuring non-downloadable software intelligent personal assistant software for voice recognition, natural language processing, appointment scheduling, reminders and directions, delivery and provider tracking, communicating with healthcare professionals and persons adjacent to the healthcare space and their respective staffs, meal and diet planning and logging, food and beverage ordering and tracking, exercise and diet planning and logging, lifestyle planning and logging, integration of wearable device data across devices, compiling and analyzing health and wellness related data and records, and searching the internet for information relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care providing a website featuring non-downloadable software, namely, artificial intelligence software and machine learning software for the purposes of collecting, reviewing, processing, sorting, analyzing, furnishing, and explaining data and information relating to health, healthcare, laboratory testing, wellness, diet, nutrition, biology, physiology, exercise, lifestyle, and personal care; providing a website featuring non-downloadable software that enables users to request, schedule, and purchase medical analysis and diagnostic testing services, specimen collection services, and laboratory testing services; scientific and medical research services being data collection and analysis in the fields of health, wellness, nutrition, biology, physiology, and personal care; providing scientific analysis and information in connection with laboratory testing in the fields of health, wellness, nutrition, biology, physiology, and personal care; providing scientific research in connection with laboratory testing in the fields of health, wellness, nutrition, biology, physiology, and personal care; scientific and medical research services being data collection and analysis in the fields of medicine, public health, epidemiology, preventative care, and osteopathic care; scientific research in the fields of medicine, public health, epidemiology, preventative care, and osteopathic care; providing a website featuring non-downloadable software that allows users to access, view, monitor, manage, transmit, share, and communicate regarding; medical information and data, namely, medical 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; 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: 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

Prosecution history

• 16 Oct 2025 — NOTIFICATION OF LETTER OF SUSPENSION E-MAILED
• 16 Oct 2025 — LETTER OF SUSPENSION E-MAILED
• 16 Oct 2025 — SUSPENSION LETTER WRITTEN
• 19 Dec 2024 — TEAS/EMAIL CORRESPONDENCE ENTERED
• 18 Dec 2024 — CORRESPONDENCE RECEIVED IN LAW OFFICE
• 18 Dec 2024 — TEAS RESPONSE TO OFFICE ACTION RECEIVED
• 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
• 18 Sept 2024 — NOTIFICATION OF NON-FINAL ACTION E-MAILED
• 18 Sept 2024 — NON-FINAL ACTION E-MAILED
• 18 Sept 2024 — NON-FINAL ACTION WRITTEN
• 10 Sept 2024 — ASSIGNED TO EXAMINER