DAYBREAK MD

Live / Applied — First extension granted (statement of use) (as of 26 Dec 2025)

What this means for you

Not registered yet, but its 30 Sept 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
98777608
Mark type
Stylized text
Filed
30 Sept 2024
Published for opposition
06 May 2025
Attorney of record
Susan M. Kornfield

Goods and services

  • Class 009 — Scientific and electric apparatus: Downloadable software for physiological data collection, providing biofeedback, sleep tracking, sleep monitoring, and the monitoring of health conditions; Downloadable software in the nature of a mobile application for physiological data collection, providing biofeedback, sleep tracking, sleep monitoring, and the monitoring of health conditions; Downloadable computer application software for mobile phones, namely, software for physiological data collection, providing biofeedback, sleep tracking, sleep monitoring, and the monitoring of health conditions; Downloadable computer software for physiological data collection, providing biofeedback, sleep tracking, sleep monitoring, and the monitoring of health conditions and instructional user guides sold as a unit; Software as a Medical Device (SaMD), downloadable, for use as a medical instrument for physiological data collection, providing biofeedback, sleep tracking, sleep monitoring, and the monitoring of health conditions; Downloadable medical software for physiological data collection, providing biofeedback, sleep tracking, sleep monitoring, and the monitoring of health conditions; Downloadable Software as a Medical Device (SaMD) for diagnosing medical conditions in the nature of sleep conditions, sleep analysis, sleep disorders, and sleep apnea; Recorded medical software for physiological data collection, providing biofeedback, sleep tracking, sleep monitoring, and the monitoring of health conditions; Software as a Medical Device (SaMD), downloadable, for detecting interrupted breathing during sleep and alerting the sleeper; Software as a Medical Device (SaMD), downloadable, for diagnosing medical conditions in the nature of sleep conditions, sleep analysis, sleep disorders, and sleep apnea; Software as a Medical Device (SaMD), recorded, for diagnosing medical conditions in the nature of sleep conditions, sleep analysis, sleep disorders, and sleep apnea; Digital materials, namely, downloadable software featuring sleep disorders, downloadable educational materials in the field of sleep disorders, and downloadable audio files in the field of sleep disorders
  • Class 010 — Medical apparatus: Breathing apparatus for medical purposes; Nasal aspirators; Nasal dilators; Therapeutic breathing enhancement devices, namely, topical nasal adhesive strips; Therapeutic nasal passage dilation devices, nose clips, nasal dilators, and nose strips for the prevention of snoring; Ear plugs for sleeping; Medical apparatus, namely, devices that enhance breathing and improve sleep; Medical devices being audio devices for use in inducing sleep; Medical devices for treating sleep disorders; Artificial sleep apparatus, namely, sleep inducing headphones for medical purposes; Medical apparatus, namely, a device that collects data on sleep related conditions, namely, insomnia, snoring, sleep apnea, and sleep-related respiratory disorders; Medical devices for collecting data for analyzing and improving the quality of sleep; Health monitoring in-ear devices for storing, relaying, tracking, and measuring biometric data, body movement, sleep, and heart rate; medical devices for monitoring and measuring body movement during sleep; Heart monitors; Respiration monitors; Pulse rate monitors; Portable medical devices with sensors to monitor the physical movements of a patient wearing or carrying the device; Medical device, namely, a device for measuring body position during sleep; Medical devices for use in treating sleep disorders and sleep apnea; Medical devices, namely, patient monitors and patient sensors for monitoring and measuring blood properties and respiratory events; Medical apparatus and instruments for monitoring blood properties and respiratory events; Medical apparatus and instruments for monitoring physiological data, health conditions, sleep patterns, sleep disorders, and sleep apnea; Medical apparatus for monitoring vital signs of patients; Medical devices for monitoring blood properties and respiratory events; Wearable monitors used to measure biometric data for medical use; Wearable torso and body monitors used to measure biometric data for medical use
  • Class 042 — Scientific and technological services: Platform as a service (PAAS) featuring computer software platforms for physiological data collection, providing biofeedback, sleep tracking, sleep monitoring, and the monitoring of health conditions; Software as a service (SAAS) services featuring software for physiological data collection, providing biofeedback, sleep tracking, sleep monitoring, and the monitoring of health conditions; Providing online, non-downloadable software for physiological data collection, providing biofeedback, sleep tracking, sleep monitoring, and the monitoring of health conditions

Owner

Prosecution history

  • 27 Dec 2025 — NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
  • 26 Dec 2025 — SOU EXTENSION 1 GRANTED
  • 26 Dec 2025 — SOU EXTENSION 1 FILED
  • 26 Dec 2025 — SOU TEAS EXTENSION RECEIVED
  • 01 Jul 2025 — NOA E-MAILED - SOU REQUIRED FROM APPLICANT
  • 06 May 2025 — OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
  • 06 May 2025 — PUBLISHED FOR OPPOSITION
  • 30 Apr 2025 — NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
  • 07 Apr 2025 — APPROVED FOR PUB - PRINCIPAL REGISTER
  • 07 Apr 2025 — EXAMINER'S AMENDMENT ENTERED
  • 07 Apr 2025 — NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
  • 07 Apr 2025 — EXAMINERS AMENDMENT E-MAILED
  • 07 Apr 2025 — EXAMINERS AMENDMENT -WRITTEN
  • 04 Apr 2025 — ASSIGNED TO EXAMINER
  • 03 Apr 2025 — NEW APPLICATION OFFICE SUPPLIED DATA ENTERED

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