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BREATHE BIOMEDICAL
Live/Pending
SUSPENSION LETTER - MAILED

mailed

on 30 Nov 2023

Last Applicant/ Owned by

191 Halifax St.

Moncton, New Brunswick

CA

E1C9R6

Serial Number

97345751 filed on 04th Apr 2022

Registration Number

N/A

Correspondent Address

Heather Balmat

BALMAT LAW, PLLC

977 SEMINOLE TRAIL, #342

CHARLOTTESVILLE,VA 22901

Filing Basis

1. intent to use

2. intent to use current

3. use application currently

Disclaimer

"BREATHE BIOMEDICAL"

BREATHE BIOMEDICAL

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 breaRead More

Classification Information


Class [044]
Medical, Beauty & Agricultural 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

Class [042]
Computer & Software Services & Scientific 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


First Use Date in General

28th Mar 2022

First Use Date in Commerce

15th Jun 2023

Class [010]
Medical Instrument Products


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


First Use Date in General

27th Jun 2022

First Use Date in Commerce

27th Jun 2022

Class [009]
Computer & Software Products & Electrical & Scientific Products


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


First Use Date in General

16th Nov 2021

First Use Date in Commerce

15th Nov 2022

Mark Details


Serial Number

No 97345751

Mark Type

No Service Mark

Attorney Docket Number

No 17087-44

44D Filed

Yes

44D Current

Yes

44E filed

No

44E Current

No

66A Filed

No

66A Current

No

Current Basis

No

No Basis

No

Design Code(s)

26.01.09 -

Geometric figures, objects, humans, plants or animals forming or bordering the perimeter of a circle

26.01.11 -

Letters, numerals, punctuation, geometric figures, objects, humans, plants or animals comprising a circle

26.01.28 -

Miscellaneous circular designs with an irregular circumference

26.01.31 -

Five or more circles

Description of Design Search

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.

Legal History


Show more

Status DateAction Taken
30th Nov 2023EXAMINERS AMENDMENT -WRITTEN
30th Nov 2023EXAMINERS AMENDMENT E-MAILED
30th Nov 2023NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
30th Nov 2023EXAMINER'S AMENDMENT ENTERED
30th Nov 2023SUSPENSION LETTER WRITTEN
30th Nov 2023LETTER OF SUSPENSION E-MAILED
30th Nov 2023NOTIFICATION OF LETTER OF SUSPENSION E-MAILED
06th Oct 2023FINAL REFUSAL WRITTEN
06th Oct 2023FINAL REFUSAL E-MAILED
06th Oct 2023NOTIFICATION OF FINAL REFUSAL EMAILED