FINAL REFUSAL - MAILED
mailed
on 17 Aug 2024
Last Applicant/ Owned by
2901 Bayview Ave. P.O. Box 91098
Willowdale, ON
CA
M2K1E6
Serial Number
88876380 filed on 17th Apr 2020
Registration Number
N/A
Correspondent Address
James R Menker
Filing Basis
No Filing Basis
Disclaimer
NO DATA
BIONIC-I
Providing temporary use of non-downloadable facial recognition software; providing temporary use of non-downloadable facial analysis software; providing temporary use of non-downloadable computer software for recording and tracking sensory and visual data from eye movements for medical purposes, preventative and predictive health, and general health and well-being; providing temporary use of non-d Read More
Classification Information
Class [044]
Medical, Beauty & Agricultural Services
Preparation and dispensing of medications; providing information relating to the preparation and dispensing of medications; providing information to patients in the field of administering medications; medical services in the nature of medical and surgical diagnostic services; medical imaging; medical screening; ophthalmology services; pharmacy dispensary services, namely, preparation of prescriptions in pharmacies; pharmaceutical advice; pharmaceutical consultancy services; medical services in the nature of conducting of medical examinations; medical services in the nature of medical consultancy relating to vision loss; medical services in the nature of medical diagnostic services; medical services in the nature of professional consultancy in the field of medical technology, medical surgery and ophthalmology; addiction treatment services; cosmetic and colour analysis for cosmetic purposes; healthcare in the nature of eyecare services; eyeglass fitting; fitting of eyeglasses; fitting of prosthetic devices; health and beauty care services provided by saunas, beauty salons, sanatoriums, hairdressing salons and massage parlors; health care services provided by a health spa; laser vision correction services; laser vision surgery services; medical services in the nature of light therapy services; medical services in the nature of medical care and analysis services relating to patient treatment; medical clinic services; medical clinics; medical diagnostic services; medical house call services; medical screening; medical testing services; mental health screening services; optician services; optometry services; pharmaceutical consultancy services; pharmaceutical advice; psychological diagnosis services; health counselling, namely, meditation counselling
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [042]
Computer & Software Services & Scientific Services
Providing temporary use of non-downloadable facial recognition software; providing temporary use of non-downloadable facial analysis software; providing temporary use of non-downloadable computer software for recording and tracking sensory and visual data from eye movements for medical purposes, preventative and predictive health, and general health and well-being; providing temporary use of non-downloadable computer software for providing, transmitting and reproducing eye movement and visual sensory data through electrical relays for medical purposes, preventative and predictive health, and general health and well-being; providing temporary use of non-downloadable computer software for recording, manipulating, processing and enhancing images, sound and video for use in visual prosthesis for medical purposes, preventative and predictive health, and general health and wellbeing; providing temporary use of non-downloadable computer software for recording, manipulating, processing and enhancing images to improve the visibility of objects for medical purposes, preventative and predictive health, and general health and well-being; color analysis in the nature of laboratory services; medical laboratory services in the nature of analysis services for diagnostic and treatment purposes
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [041]
Education and Entertainment Services
Augmented reality video production; provision of non-downloadable videos in the nature of augmented reality scenes and characters displayed on ocular implants and intraocular prosthesis lenses via a video-on-demand services for entertainment purposes; entertainment services in the nature of non-downloadable continuing television shows and movies in the fields of variety, news, and comedy transmitted via the internet; entertainment services in the nature of providing non-downloadable videos and images featuring television shows and movies transmitted via wireless computer networks; health clubs for physical exercise; instruction in martial arts; instruction in the field of music; language instruction; language interpretation; language interpreter services; language training services; law enforcement training services; meditation training; motion picture and video rental services; museum services; music composition; music composition services; music transcription; night club services; nursery school services; officiating at sports competition; online casino gaming services, namely, providing on-line casino games; online gambling services; photographic computer imaging; physical education; physical education services; physical fitness instruction; piano instruction; planetarium services; practical training in the field of welding; providing entertainment information in the field of television programming; providing information in the field of exercise via an interactive website; providing news, editorials, and opinions concerning current events via a website; sign language interpretation; translation; tutoring in the fields of science and medicine; wagering services
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [035]
Advertising, Business & Retail Services
Advertising and business management consultancy; advertising by transmission of on-line publicity for third parties through electronic communications networks; advertising relating to pharmaceutical products and in-vivo imaging products of others; advertising the goods and services of others; advertising the goods and services of others via electronic media and specifically the internet; business management advice; compilation of statistics; computerized market research services; cost analysis; management and compilation of computerized databases; market research services; providing business marketing information for others; advertising on the Internet for others; business management; business management consultancy; business strategy planning; database management; promoting the goods and services of others through advertisements on Internet websites; advertising services in the nature of providing marketing strategies for others; retail pharmacy services
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [010]
Medical Instrument Products
Apparatus used in implementing diagnosis tests designed to detect ocular disease, neurologic disease, metabolic disease, cardiovascular disease, inflammatory disease; medical apparatus for facilitating the administration of pharmaceutical preparations; intraocular prosthesis lenses for surgical implantation; artificial eyes; artificial lens for implantation in the eye; ocular implants made of artificial materials; ocular speculums; electronic medical devices implanted in the eye to help restore vision; eye testing machines; blood glucose meters; blood glucose monitors for medical purposes; diabetes monitoring equipment for sampling and analyzing blood and body tissue in the nature of medical test kits for diabetes monitoring for home use; devices for measuring blood sugar; devices for measuring intracranial pressure; electrodes for medical purposes; electronic muscle stimulators for medical purposes; electronic nerve stimulators for medical purposes; forceps for medical use; heart rate monitors; heartbeat measuring apparatus; high frequency electromagnetic therapy apparatus; injection instruments without needles; intraocular lenses; intraocular prosthetic lenses for surgical implantation; lasers for eye surgery; lasers for surgical and medical use; magnetic resonance imaging apparatus for medical purposes; medical electrode; medical guidewires and parts and fittings therefore; medical image processors; medical ultrasound apparatus; ophthalmometers; ophthalmoscopes; optometric instruments, namely, instruments for measuring the diameter of ophthalmic lenses; surgical forceps; surgical mesh comprised primarily of artificial materials; syringes for medical purposes; thermometers for medical purposes
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [009]
Computer & Software Products & Electrical & Scientific Products
3D spectacles; acceleration sensors; analogue to digital converters; contact lenses; corrective glasses; corrective spectacles; eyeglasses worn for sports training; eyeglasses for sports; eyeglass lenses; eyeglass frames; eye glasses; eyeglass cases; eyeglass chains and cords; eyeglass holders; eyeglass lanyards; eyeglass mountings; eyeglass nose pads; eyeglass temples; eyeglasses for children; eyeglasses for reading; eyewear pouches; protective face shields for athletic use for protection against injury; downloadable facial recognition software; downloadable facial analysis software; protective face shields for protective helmets; fashion eyeglasses; fashion spectacles; field glasses; flight simulators; frames for eyeglasses; frames for monocles; frames for spectacles and sunglasses; goggles for sports; goggles for use in sport; lenses for microscopes; lenses for eyeglasses; lenses for spectacles; lenses for monocles; lenses for sunglasses; monocles; monocular frames; night vision goggles; ophthalmic eyeglasses; ophthalmic lenses; optical frames; optical glass; optical lenses; optical reflectors; optical spectacles; prescription eyeglasses; prescription goggles for sports; prescription spectacles; prescription sunglasses; progressive addition lenses for eyeglasses; progressive eyeglass lenses; protective eyeglass lenses; protective face-shields for protective helmets; safety goggles in the nature of protective goggles for animals; protective helmets for boxing; protective helmets for sports; protective spectacles; reading eyeglasses; safety goggles; safety helmets; sandglasses; ski goggles; ski helmets; smart watches; spectacle frames; spectacle holders; spectacle lenses; spectacle temples; spectacles; spectacles, spectacle frames and spectacle cases; sports eyewear; sports goggles; sports helmets; spyglasses; sunglasses; theatre glasses; touch screens; unmounted spectacle frames; varifocal eyeglass lenses; varifocal eyeglasses; varifocal spectacle lenses; vehicle drive training simulators; workmen's protective face-shields; smartwatches in the nature of wristwatches featuring a cellphone and display screen for viewing, sending and recording text messages and emails; downloadable computer Software for recording and tracking sensory and visual data from eye movements for medical purposes, preventative and predictive health, and general health and well-being; downloadable computer software for providing, transmitting and reproducing eye movement and visual sensory data through electrical relays for medical purposes, preventative and predictive health, and general health and well-being; downloadable computer software for recording, manipulating, processing and enhancing images, sound and video for use in visual prosthesis for medical purposes, preventative and predictive health, and general health and well-being; downloadable computer software for recording, manipulating, processing and enhancing images to improve the visibility of objects for medical purposes, preventative and predictive health, and general health and well-being; dosage dispensers in the nature of machines for dispensing predetermined dosages of medication
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [005]
Pharmaceutical Products
Capsules sold empty for pharmaceuticals; diagnostic reagents for medical diagnostic use; ocular medications, neurologic medications for treating brain injury, spinal cord injury, and seizure disorders, metabolic medications for treating diabetes, gout, arthritis, and anemia, psychoactive medications; drug delivery agents in the form of capsules that provide controlled release of the active ingredients for a wide variety of pharmaceuticals; drug delivery agents in the form of dissolvable films that facilitate the delivery of pharmaceutical preparations; pharmaceutical preparations for ophthalmological use; pharmaceutical preparations for ocular or intraocular surgery; pharmaceutical preparations for use in ocular disorders; pharmaceutical preparations for the treatment of neurological diseases, namely, Alzheimer's, Huntington's Disease, cerebral palsy; pharmaceutical preparations for the treatment of neurological disorders, namely, brain injury, spinal cord injury, seizure disorders; pharmaceutical preparations for the treatment of the diseases, disorders and infections of the central nervous system, namely, brain, movement, ocular motility and spinal cord diseases; pharmaceutical preparations for the treatment of metabolic diseases and disorders, namely, diabetes, hypoglycemia, gout, osteoarthritis, muscular dystrophy and anemia; anti-inflammatory and antipyretic preparations; antibiotics; anticonvulsants; antidepressants; antidiabetic pharmaceuticals; antidiabetic preparations; antifungal medications; antihistamines; antiparasitics; antipyretics in the nature of antipyretic analgesics; antitumor drugs, namely, pharmaceutical preparations for treating tumors; antivirals; bactericides; beta blockers; biocides; chemotherapeutics; diagnostic biomarker reagents for medical purposes; diagnostic preparations for medical purposes for detecting genetic predispositions; dietetic substances consisting of vitamins, minerals, amino acids and trace elements, namely, dietetic infusions for medical use being intravenous fluids used for nutrition; diuretics; drug delivery agents in the form of coatings for tablets that facilitate the delivery of pharmaceutical preparations; drug delivery agents in the form of powders that provide controlled release of the active ingredients for a wide variety of pharmaceuticals; drug delivery agents in the form of tablets that provide controlled release of the active ingredients for a wide variety of pharmaceuticals; electrolytes for medical use; empty capsules for pharmaceutical purposes; eyedrops; fungal medications; hydrocortisone; analgesics; insulin; insulin injectors sold filled with insulin; intravenous fluids used for rehydration, nutrition and the delivery of pharmaceutical preparations; medical diagnostic reagents and assays for testing of body fluids; mixed antibiotic preparations; pharmaceutical hormonal preparations, namely, corticosteroids, hormone replacement therapy preparations, oral contraceptives, thyroid hormone preparations; pharmaceutical preparations and agents for the treatment and prevention of cancer; pharmaceutical preparations and substances for the prevention of cancer; pharmaceutical preparations and substances for the treatment of cancer; pharmaceutical preparations for the treatment of autoimmune diseases; pharmaceutical preparations for the treatment of brain diseases and disorders, namely, epilepsy, Alzheimer's, cerebral palsy, Parkinson's disease, multiple sclerosis; pharmaceutical preparations for the treatment of cancer; pharmaceutical preparations for the treatment of degenerative nerve diseases and disorders, namely, Alzheimer's disease, Parkinson's disease, Huntington's disease and multiple sclerosis; pharmaceutical preparations for the treatment of glaucoma; pharmaceutical preparations for the treatment of immunologic diseases, namely, autoimmune diseases, immunologic deficiency syndromes; pharmaceutical preparations for the treatment of infectious diseases, namely, respiratory infections, eye infections; pharmaceutical preparations for the treatment of metabolic disorders, namely, diabetes, bulimia nervosa, anorexia, obesity and hypothyroidism; pharmaceutical preparations for the treatment of migraine; pharmaceutical preparations for the treatment of multiple sclerosis; pharmaceutical preparations for the treatment of neurological disorders, namely, brain injury, spinal cord injury, seizure disorders; pharmaceutical preparations for the treatment of neuromuscular diseases and disorders, namely, cerebrovascular accident (stroke), Parkinson's disease, multiple sclerosis, myasthenia gravis, Huntington's disease; pharmaceutical preparations for the treatment of oncological diseases and disorders; pharmaceutical preparations for the treatment of ophthalmological diseases and disorders; pharmaceutical preparations for the treatment of viral diseases, namely, herpes, hepatitis, Acquired Immune Deficiency Syndrome (AIDS); pharmaceutical preparations for treating hypoglycemia; pharmaceutical preparations for treating malignant tumors; pharmaceutical preparations for use in ocular disorders; pharmaceutical preparations for use in ophthalmology; pharmaceutical products for ophthalmological use; steroids; surgical anesthetics; medical adhesives for binding wounds, namely, surgical adhesives; tumor suppressing agents
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [038]
Communications Services
Telecommunication services, namely, personal communication services (PCS); telecommunications services, namely, electronic exchange of data in the nature of voice, audio, video, text and graphics stored in databases accessible via the Internet, computer networks and wireless communications networks; instant messaging services; mobile phone communication services; voice over internet protocol (VOIP) services; web messaging services; audio teleconferencing; video teleconferencing; video broadcasting services over the internet or other communication networks, namely, electronically transmitted video, audio, and audio visual content in the nature of television programs, movies, music video and user uploaded video clips; providing access to computer databases in the fields of social networking; telephone voice and text messaging services over computer and global communication networks; call diversion services in the nature of call forwarding services; telephone services, namely, cell phone services; cellular telephone communication; cellular text messaging services; communication by means of mobile phones; e-mail services in the nature of electronic transmission of e-mail; e-mail transmission services, namely, electronic transmission of e-mail; electronic mail services in the nature of electronic transmission of electronic mail; email services in the nature of electronic transmission of email; telephone services, namely, mobile phone services; paging by radio; providing access to the Internet; providing electronic mail services, namely, electronic transmission of electronic mail; providing voice chat services; secure electronic mail services in the nature of secure electronic transmission of electronic mail; video conferencing services; teleconferencing and video conferencing services; voice mail services; wireless digital messaging services
First Use Date in General
N/A
First Use Date in Commerce
N/A
Mark Details
Serial Number
No 88876380
Mark Type
No Service Mark
Attorney Docket Number
No 4304.0001
44D Filed
Yes
44D Current
No
44E filed
No
44E Current
Yes
66A Filed
No
66A Current
No
Current Basis
No
No Basis
No
Legal History
| Status Date | Action Taken |
|---|---|
| 09th Nov 2024 | APPLICATION EXTENSION TO RESPONSE PERIOD - RECEIVED |
| 09th Nov 2024 | APPLICATION EXTENSION GRANTED/RECEIPT PROVIDED |
| 21st Aug 2024 | TEAS REQUEST TO DIVIDE RECEIVED |
| 17th Aug 2024 | FINAL REFUSAL E-MAILED |
| 17th Aug 2024 | FINAL REFUSAL WRITTEN |
| 17th Aug 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| 03rd Aug 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 03rd Aug 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 03rd Aug 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 05th May 2024 | APPLICATION EXTENSION TO RESPONSE PERIOD - RECEIVED |