NOTE TO THE FILE
SERIAL NUMBER: 88188880
DATE: 12/19/2018
NAME: jgagliardi
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
X phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:
From: Mauch, Joseph V. [mailto:JMauch@sflaw.com]
Sent: Wednesday, December 19, 2018 1:37 PM
To: Gagliardi, Jeanine <Jeanine.Gagliardi@USPTO.GOV>
Cc: Rubke, Cristina N. <CRubke@sflaw.com>
Subject: RE: Proposed Examiner Amendments
Serial Nos. 88188880 (BMX96), 88141733 (NEURON MAX), and 88099882/88099878 (REAL + design)
Jeanine:
Thanks again for your time today. Below are the proposed changes (in bold italics) to the descriptions of goods and services that we discussed on the call. As discussed, we understand that you agree with and approve of all the proposed changes except for the description in Class 44 for the REAL design applications and the non-disclaimer of “NEURON” in the NEURON MAX application. As to the Class 44 description, we understand in particular that it is your position that the “wellness services” require further specification/clarification/limitation beyond the explanation that the service is delivered by VR, AR, and ER technology.
Happy holidays.
Joe
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REAL Design Marks
- Class 9: Immersive virtual reality, augmented reality and extended reality systems for use in healthcare and wellness, consisting primarily of, computer hardware and software for computer hardware and software used for the treatment of conditions and symptoms associated with acute pain, cerebral palsy, stroke, orthopedic injury, neurodegenerative disease, and similar conditions
- Class 10: Healthcare and medical equipment, namely, immersive virtual reality, augmented reality and extended reality systems, consisting primarily comprised of computer hardware and software configured to provide immersive therapeutic and diagnostic activities, delivered via computer, head mounted display, and motion tracking sensors, used for the treatment of conditions and symptoms associated with acute pain, cerebral palsy, stroke, orthopedic injury, neurodegenerative disease, and similar conditions.
- Class 44: Healthcare, wellness, and medical services incorporating the use of immersive virtual reality, augmented reality and extended reality systems
BMX96
- Class 10: medical apparatus, namely, intracranial access system in the nature of a medical device for placing catheters or delivering other devices
NEURON MAX
- Class 10: intracranial access system guide sheath in the nature of a medical device for placing catheters or delivering other devices
- [No disclaimer of “NEURON” because we do not believe it is descriptive as to the applied-for goods.]