Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 97213106

Filing Date: 01/11/2022

To the Commissioner for Trademarks:

MARK: BRAINOS (Standard Characters, see mark)
The literal element of the mark consists of BRAINOS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Brain Corporation, a corporation of California, having an address of
      Suite 100
      10182 Telesis Court
      San Diego, California 92121
      United States
      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 009:  Recorded computer software for use in the operation, monitoring, and calibrating of robotic devices; computer hardware with preinstalled software for use in the operation, monitoring, and calibrating of robotic devices; downloadable mobile applications for use in the operation, monitoring, and calibrating of robotic devices

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/30/2015, and first used in commerce at least as early as 01/30/2015, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) photograph of the mark on the goods, pages from a user manual for the goods.

Original PDF file:
SPE0-649819393-2022011114 0302835443_._Brain_Logo_S pecimen_-_Class_09_-_11-2 3-2021.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-649819393-2022011114 0302835443_._BRAINOS_manu al_selected_pages_9.pdf
Converted PDF file(s) (18 pages)
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Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 042:  Design, development and implementation of computer software and computer hardware for use in the operation, monitoring, and calibrating of robotic devices; Software as a service (SAAS) services, featuring software for the operation, monitoring, and calibrating of robotic devices; quality assurance and consultation for the production of commercial robotic devices

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/30/2015, and first used in commerce at least as early as 01/30/2015, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) web page advertising the services.

Original PDF file:
SPE0-649819393-2022011114 0302835443_._Brain_Logo_S pecimen_-_Class_42_-_01-0 6-2022.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Webpage URL: http://www.braincorp.com/applications/autonomy-service/
Webpage Date of Access: 01/06/2022


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4716660.


The owner's/holder's proposed attorney information: Gabrielle A. Holley. Other appointed attorneys are James R. Menker, Amy C. Menker, Ryan S. Hilbert, Stephanie C. Alvarez. Gabrielle A. Holley of Holley & Menker, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 96
      Solana Beach, California 92075
      United States
      888-750-4407 x3(phone)
      8588761604(fax)
      westdocket@holleymenker.com
The docket/reference number is TM3665US00A.
Gabrielle A. Holley 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:

Gabrielle A. Holley

PRIMARY EMAIL FOR CORRESPONDENCE: westdocket@holleymenker.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gholley@holleymenker.com; gabrielleholley@gmail.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 $700 has been submitted with the application, representing payment for 2 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: /GAHolley/   Date: 01/11/2022
Signatory's Name: Gabrielle Holley
Signatory's Position: Attorney of record
Signatory's Phone Number: 888-750-4407 x3
Signature method: Signed directly within the form
Payment Sale Number: 97213106
Payment Accounting Date: 01/11/2022

Serial Number: 97213106
Internet Transmission Date: Tue Jan 11 14:17:39 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20220111141739991
469-97213106-810323a849e5e85878daa75d2c7
13c9caba86eef645cdfafbe585c9f1a8ec676c77
-CC-17384318-20220111140302835443