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FINAL REFUSAL - MAILED

mailed

on 11 Dec 2024

Last Applicant/ Owned by

81829 München

DE

Serial Number

79368687 filed on 20th Dec 2022

Registration Number

N/A

Correspondent Address

Patrick F. Clunk

Patrick F. Clunk Tucker Ellis LLP

Suite 1100

Cleveland, OH 44113

United States

Filing Basis

1. filing basis filed as 66 a

Disclaimer

NO DATA

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Computers; computer networking hardware; computer peripheral devices; computer hardware; data storage hardware, namely, computer hardware for storage of data using CPUs; Network access server hardware; edge computing hardware; set top boxes; electronic devices for data recording, processing, storing, transmitting, communicating and displaying, with audio, video, image and multimedia encoder, decod Read More

Classification Information


Class [010]
Medical Instrument Products


Computers; computer networking hardware; computer peripheral devices; computer hardware; data storage hardware, namely, computer hardware for storage of data using CPUs; Network access server hardware; edge computing hardware; set top boxes; electronic devices for data recording, processing, storing, transmitting, communicating and displaying, with audio, video, image and multimedia encoder, decoder and scaler functions, namely, computers; digital audio, video, image and multimedia recorders, players, encoders, decoders and scalers, namely, computers; digital electronic devices and computer hardware for recording, storing, organizing, transmitting, receiving, manipulating, playing and reviewing documents, audio, video, image and multimedia data, namely, computers; tablet computers; personal digital assistants; electronic personal organizers; electronic notepads; digital electronic telecommunication devices, namely, exchangers, towers, switches, and computer hardware for image processing and medical data processing; digital electronic data recording, processing, transmitting, communicating and displaying devices, namely, computers; computer hardware for accessing and controlling the operation of medical devices and appliances, of audio, video, image and multimedia devices and for storing, viewing, searching and/or playing documents, audio, video, image and multimedia data; remote controls for medical devices and medical display devices; electronic telecommunication devices, and image-presenting and data-presenting devices in the nature of displays for medical applications, also for use with image-guided localisation systems for surgical applications, namely, computer hardware for surgical, neurosurgical, orthopaedic and radiotherapeutic applications and applications in ear, nose and throat, laparoscopic, vascular, visceral, craniomaxillofacial and general surgery in a sterile and a non-sterile environment; all of the aforementioned goods relating to computer assisted medical applications, particularly to computer assisted surgical and therapeutical applications, neurosurgical, orthopaedic and radiotherapeutic applications and applications in ear, nose and throat, laparoscopic, vascular, visceral, craniomaxillofacial and general surgery in a sterile and a non-sterile environment; neurosurgical instruments and apparatus; radiotherapeutic apparatus; medical devices and components for positioning patients precisely for radiotherapeutic or neurosurgical applications, as far as contained in this class; nuclear spin tomographs for medical purposes; intraoperative, image-guided localisation systems comprising camera arrays composed of multiple optical cameras, electromagnetic field generators and multiple electromagnetic field sensors, display devices, image processing devices and medical tracking markers, being medical devices and apparatus for surgical applications, in particular for neurosurgical, orthopaedic, stereotactic and radiosurgical applications and for applications in ear, nose and throat, laparoscopic, vascular, visceral, craniomaxillofacial and general surgery; medical instruments and apparatus for software-controlled precision treatment in neurosurgery, orthopaedics, radiotherapy and in ear, nose and throat surgery namely medical image acquisition, transmission and processing apparatus, medical endoscopes, microscopes for surgical operations, medical data processing devices in the nature of computers; electronic medical devices and medical devices with image-presenting and data-presenting functions, also for use with image-guided localization systems for surgical applications, namely, computer displays and computer monitors and controllers therefor used in direct association with medical diagnosis apparatus during the process of diagnosis of a condition in an individual


First Use Date in General

N/A

First Use Date in Commerce

N/A

Class [009]
Computer & Software Products & Electrical & Scientific Products


Computers; computer networking hardware; computer peripheral devices; computer hardware; data storage hardware, namely, computer hardware for storage of data using CPUs; Network access server hardware; edge computing hardware; set top boxes; electronic devices for data recording, processing, storing, transmitting, communicating and displaying, with audio, video, image and multimedia encoder, decoder and scaler functions, namely, computers; digital audio, video, image and multimedia recorders, players, encoders, decoders and scalers, namely, computers; digital electronic devices and computer hardware for recording, storing, organizing, transmitting, receiving, manipulating, playing and reviewing documents, audio, video, image and multimedia data, namely, computers; tablet computers; personal digital assistants; electronic personal organizers; electronic notepads; digital electronic telecommunication devices, namely, exchangers, towers, switches, and computer hardware for image processing and medical data processing; digital electronic data recording, processing, transmitting, communicating and displaying devices, namely, computers; remote controls for medical devices and medical display devices; computer hardware for accessing and controlling the operation of medical devices and appliances, of audio, video, image and multimedia devices and for storing, viewing, searching and/or playing documents, audio, video, image and multimedia data; electronic telecommunication devices, and image-presenting and data-presenting devices in the nature of displays for medical applications, also for use with image-guided localisation systems for surgical applications, namely, computer hardware for surgical, neurosurgical, orthopaedic and radiotherapeutic applications and applications in ear, nose and throat, laparoscopic, vascular, visceral, craniomaxillofacial and general surgery in a sterile and a non-sterile environment; all of the aforementioned goods relating to computer assisted medical applications, particularly to computer assisted surgical and therapeutical applications neurosurgical, orthopaedic and radiotherapeutic applications and applications in ear, nose and throat, laparoscopic, vascular, visceral, craniomaxillofacial and general surgery in a sterile and a non-sterile environment, but not used in direct association with medical diagnosis apparatus during the process of diagnosis or treatment of a condition in an individual.


First Use Date in General

N/A

First Use Date in Commerce

N/A

Mark Details


Serial Number

No 79368687

Mark Type

No Service/Collective Mark

Attorney Docket Number

No 013658-00888

44D Filed

No

44D Current

No

44E filed

No

44E Current

No

66A Filed

Yes

66A Current

Yes

Current Basis

No

No Basis

No

Legal History


Show more

Status DateAction Taken
11th Dec 2024NOTIFICATION OF FINAL REFUSAL EMAILED
11th Dec 2024FINAL REFUSAL E-MAILED
11th Dec 2024FINAL REFUSAL WRITTEN
01st Nov 2024TEAS RESPONSE TO OFFICE ACTION RECEIVED
01st Nov 2024TEAS/EMAIL CORRESPONDENCE ENTERED
01st Nov 2024CORRESPONDENCE RECEIVED IN LAW OFFICE
19th Oct 2024NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB
02th Oct 2024NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB
02th Oct 2024NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB
03rd Jun 2024REFUSAL PROCESSED BY IB