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: 98103675

Filing Date: 07/26/2023

To the Commissioner for Trademarks:

MARK: GUARDIAN (Standard Characters, see mark)
The literal element of the mark consists of GUARDIAN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, IDUN Technologies AG, a aktiengesellschaft legally organized under the laws of Switzerland, having an address of
      Alpenstrasse 3
      Glattpark (Opfikon) 8152
      Switzerland
      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:  Scientific, Research-, Navigation-, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signaling, detection, checking (supervision), Regulating, life-saving and teaching apparatuses and instruments; Apparatuses and instruments for conducting, switching, transforming, saving, regulating or controlling the distribution and use of electricity; Devices and instruments for recording, transmitting, reproduction or processing of sound and image or data; Recorded and downloadable media, Computer software, blank digital or analog recording and storage media; Computers and computer peripherals; Headphones; In-ear headphones for electroencephalography (EEG); Neuronal helmets and neuronal devices, not for medical use; Apparatuses and installations (including their components) for recording, storing, transmitting and disseminating 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; Signal transmission devices; Devices for the transmission of brain signals; Apparatuses for measuring brain signals; Measuring apparatuses and instruments; Electrical measuring instruments; Electronic sensors for measuring brain signals; Frequency meters; Downloadable software for recording, storing, transmitting and disseminating electroencephalography (EEG) data; Computer software for recording, storing, transmitting and disseminating electroencephalography (EEG) data; Bioinformatics software; Software; Software for computers; Computer hardware and software; Computer software for wireless transmission of brain signals; Software as a medical device (SaMD), downloadable
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Switzerland application number 01177/2023, filed 01/30/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 010:  Surgical, medical, dental and veterinary apparatuses and instruments; Artificial limbs, eyes and teeth; Orthopedic articles; Surgical suture materials; Therapeutic and assistive devices adapted for persons with disabilities; Massage devices; Apparatuses, devices and articles for nursing infants; Sexual activity apparatuses, devices and articles; Earplugs for medical use; Neuronal helmets and neuronal devices, for medical purposes; Apparatuses for 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; Diagnostic devices for medical purposes; Electrical apparatuses and instruments for medical purposes; Electroencephalography devices and apparatuses for medical purposes; Devices for nerve stimulation; Braided Nerve Connecting Tubes for Medical Use; Apparatuses for the analysis of brainwave frequencies
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Switzerland application number 01177/2023, filed 01/30/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  Scientific and technological services and research and design services relating thereto; Industrial analysis, industrial research and services of an industrial designer; Quality control and authentication services; Design and development of computer hardware and software; Development and testing of algorithms and software for processing brain activity; Design and development of software and hardware for generating, recording and processing of digital and analog signals; Design and development of software and hardware for digital signal processing; Provision of software (software as a service, SaaS); Research and development in the field of brain activities
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Switzerland application number 01177/2023, filed 01/30/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 044:  Medical services; Animal healthcare services; Hygienic and beauty care for human beings or animals; Services in the field of agriculture, aquaculture, horticulture and forestry; Brain signal testing, analysis and monitoring; Evaluation of electroencephalographic signals; Implementation of medical tests; 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
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Switzerland application number 01177/2023, filed 01/30/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Catherine F. Hoffman. Other appointed attorneys are Julie Dahlgard. Catherine F. Hoffman of Dickinson Wright PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      350 East Las Olas Blvd, Suite 1750
      Ft. Lauderdale, Florida 33301
      United States
      954-991-5420(phone)
      844-670-6009(fax)
      mhtrademarks@dickinson-wright.com
The docket/reference number is 101491-00003.
Catherine F. Hoffman 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:

Catherine F. Hoffman

PRIMARY EMAIL FOR CORRESPONDENCE: mhtrademarks@dickinson-wright.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): choffman@dickinsonwright.com; jdahlgard@dickinsonwright.com; dwtrademarks@dickinsonwright.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 $1400 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: /julie dahlgard/   Date: 07/26/2023
Signatory's Name: Julie Dahlgard
Signatory's Position: Associate Attorney, Dickinson Wright PLLC, Florida Bar member
Signatory's Phone Number: 954-991-5438
Signature method: Signed directly within the form
Payment Sale Number: 98103675
Payment Accounting Date: 07/26/2023

Serial Number: 98103675
Internet Transmission Date: Wed Jul 26 21:27:36 ET 2023
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2023072621273638
4549-98103675-8609dbdb25e28bc1bb0feebf71
2272e22ff4a6cf615b23f846d6f301e9b65f75e5
9-DA-27367700-20230726210011468260