SUSPENSION LETTER - MAILED
mailed
on 18 Nov 2024
Last Applicant/ Owned by
Alpenstrasse 3
Glattpark (Opfikon)
CH
8152
Serial Number
98103675 filed on 26th Jul 2023
Registration Number
N/A
Correspondent Address
Catherine F. Hoffman
Catherine F. Hoffman Baker, Donelson, Bearman, Caldwell, & Berkowitz, PC
FT. LAUDERDALE, FL 33301
United States
Filing Basis
1. intent to use
2. intent to use current
Disclaimer
NO DATA
GUARDIAN
Scientific laboratory services in the fields of brain health and diagnostics; neuroscience research, biomedical research and psychological research services; computer hardware development, and computer systems integration; Research services, namely, conducting clinical trials for others, testing or research on brain health and brain-related releases, on mental wellbeing and cognitive performance a Read More
Classification Information
Class [044]
Medical, Beauty & Agricultural Services
Medical services; Veterinary services; Hygienic and beauty care for human beings or animals; Medical testing and monitoring services, namely, brain signal testing, analysis and monitoring; Medical evaluation of electroencephalographic (EEG) signals; Medical testing services; Performing medical tests for diagnostic or treatment purposes; Medical testing services relating to the diagnosis and treatment of disease; Remote monitoring of medical data for medical diagnosis and treatment; Medical analysis services relating to the treatment of patients; Medical screening services regarding neurological diseases; Rental of medical machinery and apparatuses
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [042]
Computer & Software Services & Scientific Services
Scientific laboratory services in the fields of brain health and diagnostics; neuroscience research, biomedical research and psychological research services; computer hardware development, and computer systems integration; Research services, namely, conducting clinical trials for others, testing or research on brain health and brain-related releases, on mental wellbeing and cognitive performance and on sleep, human-computer interaction studies, scientific data analysis and interpretation of neural data collected through brain-computer interfaces (BCIs) to derive meaningful insights and improve system accuracy; Design Services, namely, new product design services, design of ergonomic work environments and recreational environments, user experience (UX) design services, custom design of prototypes; Industrial research in the field of employee safety and engagement; Industrial design services; Quality control for others; User authentication services using single or multifactorial authentication technology for e-commerce transactions, banking, health-care, data encryption and decryption, secure entry and exit door access, access to high risk machinery or devices, access to highly confidential data; Software as a service (SaaS) services featuring software that allows for customers to access brain data in real-time and develop custom interventions, gain access to real-time predictions, develop new classifiers for brain insights based on an EEG database, program and execute experiments and facilitate multi-device studies; Scientific research and development in the field of brain activities; Providing cloud storage and database servers of variable capacity to others
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [010]
Medical Instrument Products
Artificial limbs, eyes and teeth; Surgical sutures; Therapeutic and assistive devices adapted for persons with disabilities, namely, robotic exoskeleton suits for medical purposes for disabilities of the motor system being spinal cord Injuries, muscular dystrophy, Multiple Sclerosis (MS), Cerebral Palsy, Amyotrophic Lateral Sclerosis (ALS) or stroke; Massage apparatus; Sexual activity apparatuses, devices and articles, namely, vibrators; Earplugs for medical use; Neuronal helmets and neuronal devices, for medical purposes, namely, brain-computer interfaces; Electrotherapy devices for providing transcutaneous electrical nerve stimulation; Electronic nerve stimulators for medical purposes; Apparatuses for measuring electrical nerve stimulation; Apparatuses for measuring the electrical activities of the brain; Electroencephalography (EEG) apparatuses for medical purposes; Wristbands for medical use, namely, for the detection of stress and depression; neurological disorder diagnostic devices for medical purposes; sleep disorder diagnostic devices for medical purposes; depression diagnostic devices for medical purposes; PTSD diagnostic devices for medical purposes; stress disorder diagnostic devices for medical purposes; age-related disease diagnostic devices for medical purposes; brain disease diagnostic devices for medical purposes; Alzheimer's Disease diagnostic devices for medical purposes; Parkinson's disease diagnostic devices for medical purposes; epilepsy diagnostic devices for medical purposes; Electrical apparatuses and instruments for medical purposes, namely, polysomnographs, electrocardiograms, or muscle stimulation devices; Electroencephalography devices and apparatuses for medical purposes; Devices for nerve stimulation, namely, electrical vagus nerve stimulators for medical purposes; Braided nerve connecting tubes for medical use, namely, ear-EEG devices and brain-sensing earbuds; Medical imaging apparatus apparatuses for the analysis of brainwave frequencies
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [009]
Computer & Software Products & Electrical & Scientific Products
Scientific, Research-, Navigation-, photographic, audiovisual, optical, measuring, signaling, detection, checking and supervising, Regulating, life-saving and teaching apparatuses and instruments, namely, brain-computer interfaces; Surveying apparatus and instruments; Cinematographic machines and apparatus; Weighing apparatus and instruments; Apparatuses and instruments for conducting, switching, transforming, saving, regulating or controlling the distribution and use of electricity; Apparatus and instruments for recording, transmitting, reproducing or processing of sound, images, or data; Digital media, namely, pre-recorded flash drives or solid state drives (SSD) and downloadable video and audio recordings featuring brain waves and activity data of the user and the response of the brain to the media stimulus; Downloadable and recorded computer software to measure brain waves and user activity, derive conclusions about the cognitive and emotional state of the user, correlate the cognitive and emotional state with external stimuli and user activity, and providing interventions to reach a defined cognitive or emotional state, namely, by playing pre-recorded or artificially created audio; Blank digital storage media; Blank recordable local USB flash drives or solid state drives (SSD), cloud storage servers and cloud database servers; Computers and computer peripherals; Headphones; In-ear headphones for electroencephalography (EEG); Neuronal helmets and neuronal devices, not for medical use, namely, brain-computer interfaces; Apparatuses and instruments for recording, storing, transmitting and reproducing electroencephalography (EEG) data; Electrical, electromechanical and electronic apparatuses and components for the acquisition, processing and distribution of electrical activities of the brain; Control and signaling apparatuses, namely, brain -computer interfaces; Signal transmission devices, namely, brain -computer interfaces; Devices for the transmission of brain signals, namely, brain computer interfaces; Apparatuses for measuring brain signals by measuring electrical potentials created by the human body, specifically electrical potential of the brain, heart, and muscles, namely, EEG devices including brain-sensing earbuds; Electrical voltage measuring apparatuses and instruments; Electrical devices for measuring electric current; Electronic sensors for measuring brain signals; Frequency meters; Downloadable software for recording, storing, transmitting and disseminating electroencephalography (EEG) data; Downloadable and recorded computer software for recording, storing, transmitting and disseminating electroencephalography (EEG) data; Downloadable and recorded bioinformatics software; Downloadable and recorded software to measure brain waves and user activity, derive conclusions about the cognitive and emotional state of the user, correlate the cognitive and emotional state with external stimuli and user activity, and providing interventions to reach a defined cognitive or emotional state, namely, by playing pre-recorded or artificially created audio; Downloadable and recorded software for computers used to measure brain waves and user activity, derive conclusions about the cognitive and emotional state of the user, correlate the cognitive and emotional state with external stimuli and user activity, and providing interventions to reach a defined cognitive or emotional state, namely, by playing pre-recorded or artificially created audio; Computer hardware with embedded software for controlling brain computer interface hardware, display data, or control interventions; Downloadable and recorded computer software for wireless transmission of brain signals; Software as a medical device (SaMD), downloadable, for diagnosing and treating sleep disorders being sleep apnea and insomnia, depression, PTSD and other stress disorders, diseases of the brain, being Alzheimer's Disease and Parkinson's Disease and epilepsy
First Use Date in General
N/A
First Use Date in Commerce
N/A
Mark Details
Serial Number
No 98103675
Mark Type
No Service Mark
Attorney Docket Number
No 2967764.3
44D Filed
Yes
44D Current
Yes
44E filed
No
44E Current
No
66A Filed
No
66A Current
No
Current Basis
No
No Basis
No
Legal History
| Status Date | Action Taken |
|---|---|
| 18th Nov 2024 | LETTER OF SUSPENSION E-MAILED |
| 18th Nov 2024 | SUSPENSION LETTER WRITTEN |
| 18th Nov 2024 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| 18th Oct 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 18th Oct 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 18th Oct 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 01st Aug 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 01st Aug 2024 | NON-FINAL ACTION E-MAILED |
| 01st Aug 2024 | NON-FINAL ACTION WRITTEN |
| 27th Jun 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |