| Serial Number | 79366756 |
| Word Mark | EVOKE |
| Filing Date | Wednesday, November 9, 2022 |
| Status | 641 - NON-FINAL ACTION - MAILED |
| Status Date | Friday, February 16, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Downloadable computer software for programming and monitoring neuromodulation applications; neuromodulation systems for providing therapeutic relief of various neurological and physiological conditions; data processing software for use in the field of healthcare, including downloadable computer software for processing data associated with neurostimulation; application software for use in the field of healthcare, including downloadable computer software for use in processing data associated with neuromodulation therapy; downloadable application software for cloud computing services for use in processing data associated with neuromodulation therapy; downloadable interface software for use in processing data associated with neuromodulation therapy; downloadable application software for implantable devices; downloadable mobile applications for processing data associated with neuromodulation therapy; downloadable computer software for database management; downloadable computer software using artificial intelligence for data analysis of neuromodulation; downloadable computer software using artificial intelligence software for healthcare, including analyzing data associated with neuromodulation therapy; downloadable computer programs for use in the field of healthcare using artificial intelligence for machine learning; computer hardware for use in the field of healthcare; data processing systems consisting of computer hardware for use in the field of healthcare; monitoring apparatus and instruments for use in the field of healthcare, including implantable devices and associated peripherals; downloadable computer software for monitoring and programming neuromodulation parameters; downloadable computer software for use in measuring neurophysiological parameters associated with the neuromodulation therapy; downloadable computer software for interpretation of neuro and brain scans provided by diagnostic imaging equipment and neuromodulation equipment; wearable activity trackers; parts and fittings for all of the aforesaid goods; none of the foregoing for or for use in connection with vehicles |
| Goods and Services | Consulting services in the field of health; healthcare services; internet-based healthcare information services; healthcare advisory services related to neuromodulation therapy; health clinical services; health screening services in the field of neuromodulation therapy for pain related complications, movement disorders, neurophysiological disorders; medical health assessment services; therapy services, including neuromodulation therapy services; monitoring of patients for medical purposes; medical care and analysis services relating to treating the field of neuromodulation; preparation of medical reports concerning neuromodulation; providing updates and information in the field of neuromodulation; providing medical information; information and advisory related to all of the aforesaid services about neuromodulation therapy |
| Goods and Services | Medical apparatus, including neurological stimulator; medical apparatus for neurostimulation; apparatus for analysing physiological parameters for neuromodulation purposes; medical devices, including, implantable pulse generators; electro-medical stimulation current apparatus for stimulating nerves; medical instruments for recording physiological data; electronic monitoring instruments for monitoring neurophysiological parameters associated with the neuromodulation therapy for medical use; impulse measuring apparatus for measuring nerve impulses for calibration of neurostimulators for medical use; microelectrical therapeutic apparatus for use in relieving neuropathic pain; testing probes for measuring nerve impulses for medical diagnostic purposes; apparatus for medical and therapeutic stimulation of the body, including neurostimulators and neurostimulator accessories, including implants, leads, anchors, and trial stimulators; pulse generators, implantable pulse generator and external pulse generators for medical use, including pulse generators for the purpose of delivering therapy for the management of chronic, intractable pain; neurostimulation leads that transmit electrical pulses to the spinal cord and record and transmit signals in response to electrical pulses for medical or treatment purposes; electrical pain management apparatus, including electrical neurostimulators; apparatus for medical and therapeutic stimulation of the body, including electrical neurostimulators; heat dispensing containers for relieving muscle pain, including therapeutic devices using electrical stimulation to provide relief from chronic neuropathic pain; apparatus for surgical purposes; medical apparatus and instruments for medical analysis, diagnosing and treating chronic neuropathic pain, physiological conditions, and neurological conditions related to the central nervous system, cardiovascular, and bladder disorders; apparatus for medical and therapeutic stimulation of the body used to stimulate in order to diagnose, monitor or treat neuropathic pain, neurological conditions, movement disability, and physiological conditions; electrical pain management apparatus, including electrical stimulation apparatus for pain management; electro-medical stimulation current apparatus for stimulating neuromuscular tissue; electronic medical apparatus for physiological and neurological diagnosis; electronic medical apparatus for neurological monitoring; electronic medical apparatus for treating neuropathic pain, neurological conditions, physiological conditions, and movement disability for therapeutic use; medical apparatus for nerve stimulation; medical apparatus for the relief of pain; micro electrical therapeutic apparatus for use in relieving pain; scientific electrical apparatus for medical treatment purposes, including medical apparatus for treating neuropathic pain, neurological conditions, physiological conditions, movement disability; sensors for measuring neuromuscular signals for medical use; medical apparatus for analysing brain wave frequencies; analytical instruments for medical use, including instruments for measuring levels of pain in patients with spinal injuries through nerve stimulation; apparatus for medical analysis, including instruments for measuring levels of pain in patients with spinal injuries; apparatus for medical and therapeutic stimulation of the body, including medical apparatus for the management of pain through the stimulation of nerves in spinal columns; apparatus for medical diagnosis, including apparatus for diagnosing sources of pain in patients with spinal injuries by measuring nerve stimulation through implanted sensors in the spinal columns of patients; apparatus for medical rehabilitation, including medical apparatus for the management of pain through the stimulation of nerves in spinal columns; detection apparatus for medical use, including apparatus to detect pain levels in patients with spinal injuries through the use of implanted sensors in the spinal column that measure the amount of stimulation traveling through nerve tissue; electro medical instruments including medical instrument for inserting a device meant to manage pain through the stimulation of nerves in spinal columns; electro-medical stimulation current apparatus, including medical apparatus for the management of pain through the stimulation of nerves in spinal columns; electronic apparatus for medical purposes, including medical apparatus for the management of pain through the stimulation of nerves in spinal columns; electronic medical instruments, including medical instrument for inserting a device meant to manage pain through the stimulation of nerves in spinal columns; impulse measuring apparatus for medical use, including apparatus to monitor pain levels in patients with spinal injuries by measuring nerve impulse stimulation traveling through the spinal column; medical apparatus and instruments, including medical apparatus for the management of pain through the stimulation of nerves in spinal columns; medical apparatus for nerve stimulation, including medical apparatus for the management of pain through the stimulation of nerves in spinal columns; medical electronic therapeutic apparatus, including medical apparatus for the management of pain through the stimulation of nerves in spinal columns; medical testing apparatus, including apparatus for testing pain tolerances in patients with spinal injuries by automatically adjusting the amount of nerve stimulation provided to patients to determine what is physically acceptable to the patient; medical testing instruments, including instruments for testing pain tolerances in patients with spinal injuries by automatically adjusting the amount of nerve stimulation provided to patients to determine what is physically acceptable to the patient; medical therapy apparatus, including medical apparatus for the management of pain through the stimulation of nerves in spinal columns; medical therapy instruments, including medical instruments used in the treatment of pain through the stimulation of nerves in spinal columns; scientific apparatus for medical diagnostic laboratory use, including apparatus for diagnosing sources of pain in patients with spinal injuries by automatically adjusting the amount of nerve stimulation provided to patients to determine where a patient's pain is originating; scientific apparatus for use in medical diagnostic analytical tests, including apparatus for measuring and analyzing levels of pain in patients with spinal injuries by automatically adjusting the amount of nerve stimulation provided to patients to determine a patient's level of pain; scientific electrical apparatus for medical diagnosis, including apparatus for diagnosing sources of pain in patients with spinal injuries by automatically adjusting the amount of nerve blocking medication or stimulation provided to patients to diagnose the source of pain in the patient's body; scientific electrical apparatus for medical treatment purposes, including medical apparatus for the management of pain through the stimulation of nerves in spinal columns; sensor apparatus for medical use in generating signals in response to movements of the human body; sensors in the nature of a measurement apparatus for medical use, including sensors to monitor pain levels in patients with spinal injuries; testing probes for medical diagnostic purposes, including probes to test pain levels in patients with spinal injuries; testing probes for medical purposes, including probes to test pain levels in patients with spinal injuries; microelectrical therapeutic apparatus for use in relieving pain, including medical apparatus for the management of pain through the stimulation of nerves in spinal columns; none of the foregoing being hearing aids or goods for use in the diagnosis, treatment or monitoring of hearing loss |
| Goods and Services | Scientific and technological services in the field of neuromodulation; scientific research services in the field of neuromodulation; scientific research relating to neuromodulation; research and development services relating to neuromodulation; research and development services relating to neurostimulation; providing medical and scientific research information in the field of neuromodulation; provision of scientific information, development and testing of computer methods, algorithms and software, all in the field of healthcare; software as a service [SaaS] services featuring software for neurophysiological parameters associated with the neuromodulation therapy for medical use; platform as a service [PaaS] featuring computer software platforms for diagnosing and administering neuromodulation therapy for pain related complications, movement disorders, neurophysiological disorders; data as a service featuring software for diagnosing and administering neuromodulation therapy for pain related complications, movement disorders, neurophysiological disorders; providing information and data relating to scientific and technological research and development; updating and maintenance of computer software for use in the field of healthcare; information technology services for the pharmaceutical and healthcare industries; writing of computer programs for medical applications; compilation of computer programmes for research data in the field of medical science and medical consultancy; information and advisory related to all of the aforesaid services; none of the foregoing for or in connection with vehicles |
| 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 | Friday, April 7, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Friday, April 7, 2023 |
| Primary Code | 010 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Friday, April 7, 2023 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Friday, April 7, 2023 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Saluda Medical Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 11 - Company |
| Address | AU |
| Event Date | Event Description |
| Tuesday, March 12, 2024 | REFUSAL PROCESSED BY IB |
| Friday, February 16, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, February 16, 2024 | REFUSAL PROCESSED BY MPU |
| Thursday, February 1, 2024 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS |
| Thursday, February 1, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, February 1, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, February 1, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, January 30, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, January 29, 2024 | NON-FINAL ACTION WRITTEN |
| Friday, November 24, 2023 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Monday, October 30, 2023 | LIMITATION FROM THE IB - REQUEST EXAM REVIEW |
| Saturday, October 28, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Sunday, September 10, 2023 | LIMITATION OF GOODS RECEIVED FROM IB |
| Wednesday, August 23, 2023 | ASSIGNED TO EXAMINER |
| Tuesday, April 11, 2023 | APPLICATION FILING RECEIPT MAILED |
| Friday, April 7, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, April 6, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |