| Serial Number | 97345751 |
| Word Mark | BREATHE BIOMEDICAL |
| Filing Date | Monday, April 4, 2022 |
| Status | 653 - SUSPENSION LETTER - MAILED |
| Status Date | Thursday, November 30, 2023 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Description of Mark | The mark consists of a circular shape comprised of numerous dots of varying size to the left of the word Breathe in stylized font. The word BioMedical, in a smaller stylized font, is located directly below the word Breathe. |
| Goods and Services | Computer hardware and peripheral devices; downloadable computer software and computer programs for use to collect and analyse medical samples; downloadable computer software using machine learning for the analysis of breath spectrograms to identify the presence of disease biomarkers; downloadable computer software using artificial intelligence for use in autonomous decision making; downloadable computer software using artificial intelligence for machine learning of the identification of pathogens and disease biomarkers in the fields of clinical research, health care and health sciences; downloadable computer application software for computing devices, namely, software to control collection of medical samples and to perform analysis of medical samples; downloadable computer software for use to collect and analyse medical samples for use in connection with and as part of medical apparatus and instruments; downloadable clinical software, namely, for use to store and analyse patient medical information data in database systems; downloadable medical diagnostic software; downloadable computer operating system software; calculating machines and data processing equipment; electronic devices for storing, recording, transmitting and reproducing information, data or images, namely, computer hardware and peripheral devices for use in the fields of spectroscopy, collection and analysis of gases, and volatile organic compounds; diagnostic apparatus, not for medical purposes, for use to analyse chemical samples, namely, diagnostic apparatus for the detection of pathogens and disease biomarkers for laboratory or research use; chemical detection systems and apparatus, namely, analysers and testing sampling equipment for use to collect and analyse liquid, solid and gas samples in the nature of sorbent tubes for laboratory use in diagnostic testing, not for medical purposes; gas detectors for detecting the presence of gas, and particle detectors, namely, air quality measurement apparatus in the nature of particle counters; scientific apparatus, namely, spectrometers; temperature sensors, gas sensors for measuring gas concentration, pressure sensors; downloadable computer software for use in medical screening and diagnostics; pharmaceutical and scientific research equipment for use in mass spectrometers; laboratory equipment used for the scientific testing of gases, vapors, and particulate, namely, glass and metal sorbent tubes, in the nature of scientific research specimen collection devices for the purpose of capturing a breath sample |
| Goods and Services | Medical services; consulting services relating to health care providers in the field of treating life-changing or life-threatening diseases; healthcare services, namely, providing medical information, health related consultancy, and advisory services related to health using artificial intelligence, machine learning, and data analysis in the fields of biomarker information services, and disease diagnosis; health advice and information services; medical health assessment services; health screening services in the field of cancer, celiac disease, tuberculosis, asthma, inflammatory bowel disease, fatty liver disease; diagnostic health screening services in the field of cancer, celiac disease, tuberculosis, asthma, inflammatory bowel disease, fatty liver disease; medical testing for diagnostic or treatment purposes; medical diagnostic testing, monitoring and reporting services |
| Goods and Services | Medical devices, namely, breath gas analyzers for medical diagnostics in the nature of non-invasive devices for breath analysis, point-of-care diagnostic devices for breath analysis, and infrared laser gas analysis devices, all for use to measure volatile compounds in breath and breath gas in the field of medical diagnostics and detection for medical treatment, using non-invasive breath analysis and infrared laser breath gas analysis; diagnostic apparatus for the detection of disease biomarkers, namely, breath gas analyzers for medical diagnostics; medical apparatus, namely, breath gas analysers for medical diagnostics; chemical detection systems and apparatus for medical diagnostic purposes consisting of analysers and sampling equipment for use to collect and analyse liquid, solid and gas samples, namely, breath collection and analysis equipment for testing breath for the presence of disease; medical devices used for the collection, recording, concentration and analysis of volatile organic compounds in human breath, namely, breath gas analyzers for medical diagnostics; medical testing kits for detection of cancer, celiac disease, tuberculosis, asthma, inflammatory bowel disease, fatty liver, namely, diagnostic kits consisting primarily of thermal desorption tubes for samples for use in medical diagnostic testing; testing apparatus for medical diagnostic purposes, namely, breath detectors being breath gas analyzers for use to detect disease biomarkers; detectors for medical purposes, namely, infrared spectrometers for medical diagnostic use for the detection of pathogens and disease biomarkers; sensors for medical purposes, namely, respiratory sensors |
| Disclaimer with Predetermined Text | "BREATHE BIOMEDICAL" |
| Goods and Services | Research services, namely, medical and scientific research services in the field of diagnostics and detection using non-invasive breath analysis and infrared laser gas analysis; scientific and technological services, namely, research and design in the field of computer data storage and interpretation of data; scientific and technological services, namely, scientific consulting in the field of breath research and technical consulting being information technology consultancy, and scientific research, development and design of technology in the field of artificial intelligence and machine learning, and data analysis research being the compilation of data for medical research purposes in the field of artificial intelligence; design and development of machine learning computer software; design and development of computer hardware and software for medical and clinical use; medical research services; clinical research in the field of disease biomarkers; chemical analysis undertaken using a spectrometer to analyse disease biomarkers within gas, liquid and solid samples; chemical research; laboratory analysis in the field of chemistry; biological analysis using a spectrometer to analyse disease biomarkers within gas, liquid and solid samples; scientific laboratory services; scientific and medical laboratory testing services of disease biomarkers within gas, liquid and solid samples; medical research laboratory services; computer programming; product design and development of medical technology and medical apparatus; product research and development services relating to medical apparatus and instruments |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, July 5, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | Tuesday, November 16, 2021 |
| First Use In Commerce Date | Tuesday, November 15, 2022 |
| International Class | 010 - Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials. |
| US Class Codes | 026, 039, 044 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, July 5, 2023 |
| Primary Code | 010 |
| First Use Anywhere Date | Monday, June 27, 2022 |
| First Use In Commerce Date | Monday, June 27, 2022 |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, July 5, 2023 |
| Primary Code | 042 |
| First Use Anywhere Date | Monday, March 28, 2022 |
| First Use In Commerce Date | Thursday, June 15, 2023 |
| International Class | 044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, July 5, 2023 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Picomole Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Moncton, New Brunswick E1C9R6 CA |
| Event Date | Event Description |
| Thursday, November 30, 2023 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Thursday, November 30, 2023 | LETTER OF SUSPENSION E-MAILED |
| Thursday, November 30, 2023 | SUSPENSION LETTER WRITTEN |
| Thursday, November 30, 2023 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, November 30, 2023 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, November 30, 2023 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, November 30, 2023 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, October 6, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Friday, October 6, 2023 | FINAL REFUSAL E-MAILED |
| Friday, October 6, 2023 | FINAL REFUSAL WRITTEN |
| Wednesday, October 4, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, October 4, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, October 4, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, July 6, 2023 | NOTICE OF ACCEPTANCE OF AMENDMENT TO ALLEGE USE E-MAILED |
| Wednesday, July 5, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, July 5, 2023 | NON-FINAL ACTION E-MAILED |
| Wednesday, July 5, 2023 | NON-FINAL ACTION WRITTEN |
| Wednesday, July 5, 2023 | USE AMENDMENT ACCEPTED |
| Saturday, July 1, 2023 | AMENDMENT TO USE PROCESSING COMPLETE |
| Saturday, July 1, 2023 | USE AMENDMENT FILED |
| Friday, June 30, 2023 | TEAS AMENDMENT OF USE RECEIVED |
| Thursday, June 29, 2023 | NOTICE OF REVIVAL - E-MAILED |
| Thursday, June 29, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, June 29, 2023 | PETITION TO REVIVE-GRANTED |
| Thursday, June 29, 2023 | TEAS PETITION TO REVIVE RECEIVED |
| Thursday, May 11, 2023 | ABANDONMENT NOTICE E-MAILED - FAILURE TO RESPOND |
| Thursday, May 11, 2023 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Thursday, May 11, 2023 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Friday, January 20, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, January 20, 2023 | NON-FINAL ACTION E-MAILED |
| Friday, January 20, 2023 | NON-FINAL ACTION WRITTEN |
| Friday, January 20, 2023 | ASSIGNED TO EXAMINER |
| Saturday, April 9, 2022 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, April 8, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, April 7, 2022 | NEW APPLICATION ENTERED |