Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 90315251

Filing Date: 11/12/2020

To the Commissioner for Trademarks:

MARK: ROBOT SUIT (Standard Characters, see mark)
The literal element of the mark consists of ROBOT SUIT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, CYBERDYNE Inc., a corporation of Japan, having an address of
      2-2-1, Gakuen-Minami
      Tsukuba-shi, Ibaraki 3050818
      Japan
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 007:  Apparatus and instruments to be used by being worn by a human for metal processing, mining, civil engineering, freight handling, fishing, lumbering, woodworking, agriculture, painting or stone material processing to realize enhancement/amplification of human bodily functions through integration of human and machine based on voluntary control mechanism and autonomous control mechanism, metal processing apparatus and instruments, mining apparatus and instruments, civil engineering apparatus and instruments, freight handling apparatus and instruments, fishing apparatus and instruments, chemical apparatus and instruments, fiber apparatus and instruments, apparatus and instruments for food processing or beverage processing, apparatus and instruments for lumbering, woodworking or plywood laminating, apparatus and instruments for pulp manufacturing, paper manufacturing or paper processing, apparatus and instruments for printing or bookbinding, sewing machine, apparatus and instruments for agricultural purposes, shoe manufacturing machines, leather manufacturing machines, tabaco manufacturing machines, glassware manufacturing machines, painting apparatus and instruments, packaging apparatus and instruments, potter's weeks, plastic processing apparatus and instruments, semiconductor manufacturing devices, rubber product manufacturing apparatus and instruments, stone material processing apparatus and instruments, power apparatus and instruments (excluding those for use in land vehicles), wind and hydraulic apparatus and instruments, mechanical adhesive tape dispensers, automatic stampers, dish washers, electric wax polishers, electric washers, electric vacuum cleaners, electric mixers, apparatus and instruments for repair use, mechanical parkings, vehicle washers, dispensers of disinfectants, pesticides or deodorants (excluding those for agricultural purposes), machine elements (excluding those for use in land vehicles), lawnmowers, electric curtain devices, waste compression devices, waste crushing devices, starters, AC motors and DC motors (excluding AC motors and DC motors (excluding their components) for use in land vehicles), AC generators, DC generators, electric brushes
Based on Foreign Registration: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services, and will submit a copy of Japan registration number 5168732, and/or proof of renewal, registered 09/26/2008 with a renewal date of 06/19/2018 and an expiration date of 09/26/2028, and translation thereof, if appropriate.

International Class 010:  Medical apparatus and instruments to be used by being worn by a human for supporting the independent movement, supporting the rehabilitation or supporting the nursing care of motion-impaired persons to realize enhancement/amplification of human bodily functions through integration of human and machine based on voluntary control mechanism and autonomous control mechanism, pacifiers, ice packs, triangular bandages, suspensory bandages, surgical catguts, feeding cups, droppers, ice bags, ice bag supports, nursing appliances, thermos milk feeder, cotton swabs, finger cots, contraceptives, materials for artificial ear drums, materials for prosthesis filling (excluding those for dental use), business beauty massagers, medical apparatus and instruments, domestic electric massagers, medical gloves, urine bottles, bed pans, ear cleaners
Based on Foreign Registration: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services, and will submit a copy of Japan registration number 5168732, and/or proof of renewal, registered 09/26/2008 with a renewal date of 06/19/2018 and an expiration date of 09/26/2028, and translation thereof, if appropriate.

International Class 041:  Rental of play robots to be used by being worn by a human to realize enhancement/amplification of human bodily functions through integration of human and machine based on voluntary control mechanism and autonomous control mechanism, rental of play robots to be used by being worn by a human in exhibits, shows and other events to realize enhancement/amplification of human bodily functions through integration of human and machine based on voluntary control mechanism and autonomous control mechanism, rental of robot toys to be used by being worn by a human to realize enhancement/amplification of human bodily functions through integration of human and machine based on voluntary control mechanism and autonomous control mechanism, rental of exercise rehabilitation devices for use in gait training, rental of exercise rehabilitation devices for use in lower limb training, presentation of robots, planning, operation or holding of athletic competitions carried out by humans wearing apparatus and instruments to realize enhancement/amplification of human bodily functions through integration of human and machine based on voluntary control mechanism and autonomous control mechanism, sale of voucher with prizewinning money, teaching of arts, sports or knowledge, provision of information related to body donations, arrangement of body donations, planning, operation or holding of seminars, training of animals, display of plants, display of animals, provision of electronic publications, display of books and records, exhibition of art objects, display of gardens, display of caves, production of books, planning or operation of events related to films, performance, drama or musical performance, screening, production of distribution of films, presentation of performance, presentation or performance of drama, performance of music, production of broadcast programs, production of videos for education, culture, recreation or sports (excluding those for films, broadcast programs or advertisements), direction in production of broadcast programs, operation of video equipment, audio equipment or other equipment used in the production of broadcast programs, planning, operation or holding of sports events, planning, operation or holding of events (excluding events related to films, performance, drama, or musical performance, and events related to sports, horseracing, bicycle racing, speedboat racing or small car racing), planning, operation or holding of horseracing, planning, operation or holding of bicycle racing, planning, operation or holding of speedboat racing, planning, operation or holding of small car racing, provision of studios for music or movie studios, provision of sports facilities, provision of recreational facilities, provision of facilities for films, performance, drama, music or education and training, arrangement of seats of performance facilities, rental of apparatus and instruments for films, rental of projection films, rental of musical instruments, rental of sports equipment, rental of television sets, rental of radio sets, rental of books, rental of records or sound recordings, rental of prerecorded magnetic tapes, rental of negative films, rental of positive films, rental of toys, rental of apparatus and instruments for amusement parks, rental of play equipment, rental of paintings and writings, photography, interpretation, translation, rental of cameras, rental of optical apparatus and instruments
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 044:  Rental of medical apparatus and instruments to be used by being worn by a human for supporting the independent movement, supporting the rehabilitation or supporting the nursing care of motion-impaired persons to realize enhancement/amplification of human bodily functions through integration of human and machine based on voluntary control mechanism and autonomous control mechanism, rental of apparatus and instruments to be used by being worn by a human for agricultural purposes or fishing to realize enhancement/amplification of human bodily functions through integration of human and machine based on voluntary control mechanism and autonomous control mechanism, provision of facilities for beauty care, hair dressing and bathing, care and cleaning of gardens or flower beds, planting of garden trees, spraying of fertilizer, removal of weeds, removal of harmful substances (limited to those related to agriculture, gardening or forestry), massaging and finger pressure therapy, chiropractic, moxibustion, judo therapy, acupuncture, medical practice, provision of medical information, medical check-up, dentistry, preparation of prescriptions, nutritional guidance, breeding of animals, treatment of animals, rental of plants, rental of apparatus and instruments for agricultural purposes, rental of medical apparatus and instruments, rental of apparatus and instruments for fishing, rental of apparatus and instruments for hair salons and barber shops, rental of lawnmowers
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3994777.


The owner's/holder's proposed attorney information: Michael C. Jones. Other appointed attorneys are Mainak H. Mehta. Michael C. Jones of Procopio, Cory, Hargreaves & Savitch LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      525 B Street, Suite 2200
      San Diego, California 92101
      United States
      605-645-9012(phone)
      619-235-0398(fax)
      docketing@procopio.com
The docket/reference number is 12451205US01.
Michael C. Jones submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Michael C. Jones

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@procopio.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): michael.jones@procopio.com; miku.mehta@procopio.com; patentteam@procopio.com; pamela.lawson@procopio.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $1100 has been submitted with the application, representing payment for 4 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Michael C. Jones/   Date: 11/12/2020
Signatory's Name: Michael C. Jones
Signatory's Position: Attorney of Record, State of California Bar Member
Payment Sale Number: 90315251
Payment Accounting Date: 11/12/2020

Serial Number: 90315251
Internet Transmission Date: Thu Nov 12 13:22:35 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20201112132235
760066-90315251-750c5da857e257d0df8beedd
c4e22a8ae10faedcee5debf2966586d1ad9d9d-C
C-22344008-20201112131050393510