| Serial Number | 79188107 |
| Word Mark | XBRAIN |
| Filing Date | Friday, March 4, 2016 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, November 24, 2023 |
| Registration Number | 5197755 |
| Registration Date | Tuesday, May 9, 2017 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 21, 2017 |
| Description of Mark | The mark consists of a rectangular frame in red with fuzzy white corners featuring a stylized "X" in white and the term "BRAIN" in a lighter shade of red. The background is white. |
| Goods and Services | Scientific apparatus and instruments, namely, spectrometers; nautical apparatus and instruments, namely, magnetic compasses; surveying apparatus and instruments, namely, leveling rods; photographic apparatus and instruments, namely, cameras; cinematographic apparatus and instruments, namely, projectors; optical apparatus and instruments, namely, optical cables; weighing apparatus and instruments, namely, weighing scales; measuring apparatus and instruments, namely, measuring cups; signaling apparatus and instruments, namely, signal bells; checking apparatus and instruments, namely, computers; life-saving apparatus and instruments, namely, swim floats for safety purposes; and teaching apparatus and instruments, namely, children's educational software; apparatus and instruments for conducting, distributing, transforming, accumulating, regulating or controlling electricity, namely, electric conductors, electric transformers, electric accumulators, voltage regulators; apparatus for recording, transmission or reproduction of sound or images; magnetic recording media, namely, blank magnetic discs and blank recording discs; blank compact discs, DVDs and other digital recording media, namely, cassettes; mechanisms for coin-operated apparatus; cash registers; calculating machines; data processing equipment, computers; electronic writing tablets, smartphones, e-book readers; game software; software being recorded programs for tracking, steering, and controlling vehicles; software for providing a personal voice-enabled digital assistant; Voice recognition software; Software for accessing and searching online databases and websites; Software for searching a user's mobile phone, computer, tablet, or other electronic communication device for documents, files, and other stored information on command; Software for providing personal concierge services for others initiated by voice-controlled commands via a mobile phone, computer, tablet, or other electronic communication device, namely, adding and accessing calendar appointments, alarms, timers, reminders; and making restaurant, travel, and hotel reservations; Software for controlling home automation systems, namely, lighting, appliances, heating and air conditioning units, alarms and other safety equipment, home monitoring equipment; Software for streaming and playing audio, video, and multimedia content, and for controlling televisions, monitors, gaming systems, other media playing devices such as DVD players and other streaming content devices; computer peripheral devices; electric batteries; radar detectors; electric wires; electric relays; diving suits, gloves, and skin diving masks; clothing for protection against accidents, irradiation and fire; protection devices for personal use against accidents, namely, inflatable flotation devices; fire extinguishers; spectacles being optics; 3D spectacles; optical goods, namely, sunglasses; spectacle cases; diagnostic apparatus not for medical use, namely, diagnostic apparatus for identifying refrigerant type and purity in automobile air conditioning systems; memory cards and integrated circuit cards; bags designed for laptop computers |
| Goods and Services | Machine tools, namely, metalworking machine tools; motors and engines other than for land vehicles; machine couplings and transmission components other than for land vehicles; agricultural implements other than hand-operated, namely, hay balers; automatic distribution machines, namely, fertilizer distributing machines, other than hand-operated implements; agricultural machines, namely, reapers; air suction machines for industrial use; woodworking machines, namely, sanding machines; automatic handling machines being manipulators for forging presses and for forging machines; packaging and packing machines; electric pumps being machines; electric hand-held drills; clippers, namely, plywood clipping machines; bulldozers; grinding machines; centrifugal machines; elevators; machines for sewing and for knitting; ironing machines, namely, electric clothing pressing machines; laundry washing machines; electric kitchen machines, namely, electric mixers; sorting machines for chemical processing for industry; saws being power operated machines; robots being industrial machines; printing machines; drilling machines; elevators being lifts; electric knives |
| Goods and Services | Telecommunication access services; information relating to telecommunications; communications by computer terminals and by fiber-optic networks; communications by radio and telephone; cellular telephone communication; provision of user access to global computer networks; provision of on-line forums; provision of access to databases; electronic bulletin board services being telecommunication services; connection by telecommunications to a global computer network; news agency services for electronic transmission; rental of telecommunication apparatus; radio and television programs broadcasting; teleconferencing and videoconferencing services; electronic messaging services; rental of access time to global computer networks |
| Indication of Colors claimed | The color(s) red and white is/are claimed as a feature of the mark. |
| Goods and Services | Advertising; commercial business management; commercial administration of the licensing of the goods and services of others; office functions; direct mail advertising of leaflets, prospectuses, printed matter, samples; newspaper subscription services for others; arranging subscriptions to telecommunication services for others; presentation of goods on all communication media, for retail sale, namely, providing television home shopping services in the field of general consumer merchandise; business management and organization consultancy; accounting; document reproduction; employment agencies; business management for freelance service providers; computerized file management; web site traffic optimization; organization of exhibitions for commercial or advertising purposes; online advertising on a computer network; rental of advertising time on all communication media; publication of advertising texts; rental of advertising space; dissemination of advertisements; public relations; company audits being commercial analyses; commercial intermediation services, namely, mediation and conclusion of commercial transactions for others |
| Goods and Services | Evaluations and assessments of the performance and reliability of alarm systems in the fields of science and technology provided by engineers; scientific and technical research in the field of motor vehicle parts design services; design and development of computers and software; research and development of new products for others; technical project studies, namely, engineering design services; architecture consulting services; design of interior decor; development being design, installation, maintenance, updating and rental of software; computer programming; computer system analysis; design of computer systems; consultancy in the design and development of computers; digitization of documents; software as a service (SaaS) services featuring software for tracking, steering, and controlling vehicles, software for providing a personal voice-enabled digital assistant, software for accessing and searching online databases and website, software for searching a user's mobile phone, computer, tablet, or other electronic communication device for documents, files, and other stored information on command, software for providing personal concierge services for others initiated by voice-controlled commands via a mobile phone, computer, tablet, or other electronic communication device, namely, adding and accessing calendar appointments, alarms, timers, reminders, and making restaurant, travel, and hotel reservations, software for controlling home automation systems, namely, lighting, appliances, heating and air conditioning units, alarms and other safety equipment, home monitoring equipment, software for streaming and playing audio, video, and multimedia content, and for controlling televisions, monitors, gaming systems, other media playing devices such as DVD players and other streaming content; cloud computing services, namely, integration of private and public cloud computing environments; information technology (IT) consultancy; hosting of servers; vehicle roadworthiness testing; graphic arts design services; styling being industrial design; authentication of works of art; energy-related audits; electronic data storage; none of the aforesaid services applying to the fields of cellular biology and molecular biology, biotechnology and biochemistry |
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 100, 101, 104 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, November 24, 2023 |
| Primary Code | 038 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 007 - Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. |
| US Class Codes | 013, 019, 021, 023, 031, 034, 035 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, November 24, 2023 |
| Primary Code | 007 |
| 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, November 24, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, November 24, 2023 |
| Primary Code | 035 |
| 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, November 24, 2023 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | XBrainSoft |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Party Name | XBrainSoft |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Party Name | XBrainSoft |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Event Date | Event Description |
| Thursday, June 30, 2016 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, July 1, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, July 1, 2016 | ASSIGNED TO EXAMINER |
| Friday, July 1, 2016 | NON-FINAL ACTION WRITTEN |
| Saturday, July 2, 2016 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, July 5, 2016 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, December 28, 2016 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, July 6, 2016 | REFUSAL PROCESSED BY MPU |
| Wednesday, July 6, 2016 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, July 22, 2016 | REFUSAL PROCESSED BY IB |
| Wednesday, December 28, 2016 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, December 28, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, December 28, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, December 28, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, February 1, 2017 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Friday, January 6, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, January 6, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Friday, January 6, 2017 | EXAMINERS AMENDMENT E-MAILED |
| Friday, January 6, 2017 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, January 9, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, February 1, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, February 21, 2017 | PUBLISHED FOR OPPOSITION |
| Friday, September 22, 2017 | NOTIFICATION PROCESSED BY IB |
| Wednesday, February 1, 2017 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, February 21, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, May 9, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, August 3, 2017 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, August 3, 2017 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, August 9, 2017 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Saturday, August 12, 2017 | FINAL DISPOSITION PROCESSED |
| Saturday, August 12, 2017 | FINAL DISPOSITION NOTICE SENT TO IB |
| Thursday, July 25, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, September 22, 2017 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Friday, March 16, 2018 | CORRECTION TRANSACTION RECEIVED FROM IB |
| Friday, April 20, 2018 | CORRECTION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Monday, May 9, 2022 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, November 24, 2023 | CANCELLED SECTION 71 |
| Tuesday, August 6, 2024 | INVALIDATION PROCESSED |
| Saturday, August 24, 2024 | TOTAL INVALIDATION PROCESSED BY THE IB |
| Tuesday, August 6, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |