| Serial Number | 79196899 |
| Word Mark | PATHOLOGY LEADERS |
| Filing Date | Monday, July 4, 2016 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, April 26, 2024 |
| Registration Number | 5303855 |
| Registration Date | Tuesday, October 10, 2017 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, July 25, 2017 |
| Description of Mark | The mark consists of the black wording "PATHOLOGY LEADERS" with the wording "PATHOLOGY" over the wording "LEADERS"; to the left of the wording is the design of three overlapping circles; the lower right circle is gray with the stylized design of a gray microscope in the circle; the left most circle is black with the black stylized design of a tissue sample on a microscope slide, and the black circle overlaps the lower right circle; the circle in the upper right is in red and features the stylized red design of microbes viewed through a microscope, and that circle overlaps the two other circles; the entire image and design being on a white background. |
| Goods and Services | Scientific apparatus and equipment, namely, scientific laboratory workstations comprised of computer hardware and scientific instruments in the nature of biopsy devices for laboratory use, data processors for biological samples, tissue embedding devices for biological samples for laboratory use, microtomes, histological stainers and immunostainers for biological samples for laboratory use, digital image scanners for biological samples and computer software used for instrument operation, instrument remote control, instrument remote monitoring, data exchange, data storage, data analysis, and data viewing for protein, nucleic acid or immunoassay analysis in the fields of in-vitro diagnostics and biomedical diagnosis; computer operated automation systems comprised of computer hardware and operating software for laboratory instruments; automated immunostainers for laboratory use; laboratory equipment for use in specimen preparation, namely, tissue processors; haematology slide makers and stainers for placing a barrier on a slide for use in scientific research, namely, automated slide stainers for use in medical laboratories; clinical chemistry instruments for laboratory use, namely, clinical chemistry analyzers; random access clinical chemistry analysers for the analysis of biological samples for scientific research purposes; laboratory instruments, namely, immunoassay clinical analysers; histopathology instruments, tissue processors and haematology instruments used in scientific research for processing biological samples; laboratory devices for histology and cytology, namely, coverslipping machines for slides, tissue infiltration apparatus, tissue embedding machines, staining machines, staining machines with immunological responses; tissue processors for processing biological samples for laboratory use; multiwell plates for use in chemical analysis and laboratory or medical research use; cryostats; cryomacrotomes; automatic slide scanners not for medical or veterinary use; laboratory equipment and supplies for collecting, preparing, holding and filing of histological and cytological specimens for microscopic, magnetic resonance, tomosynthesis, ultra-sound or x-ray examination, namely, sample containers, specimen containers, sample cassettes, biopsy cassettes; label printer for printing labels for sample cassettes and biopsy cassettes; barcode reader for reading the printed labels on sample cassettes and biopsy cassettes; x-ray, magnetic resonance, tomosynthesis, ultrasound and microscope-based devices for examining tissue samples and not for medical or veterinary use; software for tracking the location of histological and cytological specimens; microtomes and microtome blades for use in histology lab; ultramicrotomes and ultramicrome blades, diamond knives, glass knives, glass breaker for preparing glass knives for laboratory use; tissue cutting tools and micro and macro tissue grossing stations for laboratory use; fume hoods for specimen preparation for laboratory use; microscopic slides and cover glass; specimen embedding cassettes; specimen embedding stations for laboratory use; slide and specimen cassette electric printers; image analysis devices, namely, scanners; electronic image recording, image storing and image representing devices, namely, digital cameras; reading devices and writing devices for codes of multiwell plates, cassettes, slides, sample carriers in the nature of bar-code scanners, and storing and transporting devices in the nature of blank hard drives for computers; computer operating software for image analysis and image storage devices, namely, digital cameras; operating software for histological and cytological scientific and diagnostic apparatus and laboratory equipment; computer software for digitizing microscope slides for viewing, integration with other data, management, and analysis, all in the fields of virtual microscopy, digital pathology, digital hematology and medical information technology; automated digital scanning system integrating optical microscopy, motorized sample positioning, digital image capture, data processing, manipulation and display for use in scanning and digitizing microscope samples in research and clinical environments; digital slide information management software for digitizing entire glass microscope slides into diagnostic quality images displayed in context with reports, case histories and other associated documents, cross-linked and concurrently viewable for use in the fields of virtual microscopy, digital pathology, digital hematology and medical information technology; software for tracking the location of histological and cytological specimens |
| Goods and Services | Histology and cytology reagents and stains for preparation of pathology tissue specimens for medical purposes; pharmaceutical preparations, namely, pharmaceutical preparations for histological and cytological tissue processing applications; pharmaceutical preparations, namely, antibodies for the treatment of cancer; reagents for medical purposes, medical and veterinary diagnostic purposes, or veterinary purposes; medical preparations in the nature of epitope retrieval solutions; digestive enzymes and enzyme preparations for medical, medical diagnostic and veterinary diagnostic purposes; diagnostic histological dye and stain solutions for medical and veterinary purposes; double, triple, or multiple immuno-histochemical staining, namely, medical diagnostic reagents; double, triple or multiple in situ hybridization application of multiple antibodies or probes in the same staining procedure to a tissue section during IHC staining for medical, research or veterinary purposes, namely, medical diagnostic reagents; diagnostic kits for processing, embedding and staining histological tissues consisting primarily of monoclonal or polyclonal antibodies |
| Goods and Services | Maintenance and repair of scientific apparatus and equipment; maintenance and repair of pathology and clinical laboratory apparatus; maintenance and repair of computer operated automation systems for laboratory instruments; maintenance and repair of scientific, fine mechanical, optical, electronic apparatuses and devices, namely, digital cameras |
| Indication of Colors claimed | The color(s) red, grey, black and white is/are claimed as a feature of the mark. |
| Goods and Services | Chemicals for diagnostic, scientific research or laboratory purposes; chemical diagnostic preparations for scientific or research use and not being for medical or veterinary use; chemicals for use in histological and cytological tissue processing, namely, fixative and dehydrant not being for medical or veterinary use; chemical reagents, for laboratory use for non-medical purpose; reagents for use in genetic research and not being for medical or veterinary use; products, namely, diagnostic preparations containing antibodies for scientific or laboratory use and not being for medical or veterinary use; histology and cytology reagents and stains for preparation of pathology tissue specimens for research purposes |
| NOT AVAILABLE | "PATHOLOGY" |
| Goods and Services | Medical apparatus, namely, histopathology instruments, tissue processors and haematology instruments for clinical purposes, namely, tissue staining instruments for staining, diagnostic medical apparatus and instruments, namely, diagnostic medical apparatus for performing Immuno-histochemistry and In situ-hybridisation staining reactions, and histological and pathological staining; DNA in situ hybridisation probes; diagnostic medical apparatus for promoting and controlling reaction on microarrays or under slide covers; medical instruments, needles, probes, and devices for the purpose of tissue biopsy or tissue removal from glands and organs in the human body; surgical device, namely, a vacuum used in breast biopsies; biopsy site markers; x-ray, magnetic resonance, tomosynthesis, ultrasound and microscope-based devices for examining tissue samples for medical and veterinary purposes |
| Goods and Services | Scientific and technological services and research and design, namely, research and design in the field of testing, analyzing, examining or storing biological samples, medical samples, and cell samples; industrial analysis and research services namely, scientific research services for medical purposes, laboratory biological research, clinical biological research, biological research and research relating to the testing of biological samples, medical samples, and cell samples; creation of computer programs for the data processing of scientific, optical and electronic apparatuses and devices; creation of computer programs for use in providing data processing for scientific, diagnostic, research or laboratory purposes for use in microtomes, ultramicrotomes, cryomicrotomes, cryostats, macrotomes, cryomacrotomes, telepathology devices, automatic slide scanners; creation of computer programs for use in providing data processing for scientific, diagnostic, research or laboratory purposes for use in laboratory devices for histology and cytology, namely, coverslipping machines for slides, tissue infiltration devices, tissue embedding machines, staining machines, staining machines with immunological responses, contrasting machines, glass knife breakers, high-pressure freezing devices for microscopic sample preparation, and sample carriers for microscopic preparations; scientific consultation, namely, technical advice for scientific and medical institutions with respect to the application of scientific, diagnostic, research and laboratory optical and electronic apparatuses and devices, not to include medical consultations; maintenance and repair of scientific devices, namely, computer operating software for image analysis and image storage devices; maintenance and repair of computer operating software for image analysis and image storage devices |
| International Class | 001 - Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. |
| US Class Codes | 001, 005, 006, 010, 026, 046 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, April 26, 2024 |
| Primary Code | 001 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 005 - Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| US Class Codes | 006, 018, 044, 046, 051, 052 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, April 26, 2024 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, April 26, 2024 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, April 26, 2024 |
| Primary Code | 010 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 037 - Building construction; repair; installation services. |
| US Class Codes | 100, 103, 106 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, April 26, 2024 |
| Primary Code | 037 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, April 26, 2024 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Leica Biosystems Nussloch GmbH |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | DE |
| Party Name | Leica Biosystems Nussloch GmbH |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | DE |
| Party Name | Leica Biosystems Nussloch GmbH |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 27 - NOT AVAILABLE |
| Address | DE |
| Event Date | Event Description |
| Tuesday, December 6, 2016 | APPLICATION FILING RECEIPT MAILED |
| Thursday, November 24, 2016 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Thursday, December 1, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, December 1, 2016 | ASSIGNED TO EXAMINER |
| Tuesday, December 6, 2016 | NON-FINAL ACTION WRITTEN |
| Wednesday, December 7, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Saturday, December 10, 2016 | REFUSAL PROCESSED BY MPU |
| Saturday, December 10, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, December 30, 2016 | REFUSAL PROCESSED BY IB |
| Thursday, June 8, 2017 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, June 8, 2017 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, May 16, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, May 16, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, May 17, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, June 8, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, January 10, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Friday, February 23, 2018 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, June 8, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Friday, June 9, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, July 5, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, July 25, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, July 25, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, October 10, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, January 24, 2018 | FINAL DISPOSITION PROCESSED |
| Wednesday, January 24, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Thursday, July 28, 2022 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, July 28, 2022 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, July 28, 2022 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, July 28, 2022 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, July 28, 2022 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, April 26, 2024 | CANCELLED SECTION 71 |
| Monday, October 10, 2022 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Sunday, July 7, 2024 | NEW REPRESENTATIVE AT IB RECEIVED |