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Owners

Metasys Medizintechnik GmbH

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FINAL REFUSAL - MAILED

mailed

on 05 Mar 2024

Last Applicant/ Owned by

Metasys Medizintechnik GmbH

A-6063 Rum bei Innsbruck

Serial Number

79362842 filed on 08^th Sep 2022

Registration Number

N/A

Correspondent Address

B. Anna McCoy McCoy Russell LLP

1410 NW Johnson St. Suite 201

Portland, OR 97209

UNITED STATES

Filing Basis

1. filing basis filed as 66 a

Disclaimer

NO DATA

M

Toothbrushes; toothbrushes, electric; toothbrushes with a lighting and/or irradiating device for dental bleaching and/or for activating dental bleaching agents Dental apparatus and instruments for bleaching teeth, namely, lasers for dental purposes, intra-oral light systems; medical and dental apparatus and instruments for treating superficial germ, bacterial and/or viral disorders, namely, laserRead More

Classification Information

Class [045]
Personal & Legal & Social Services

Legal consultancy relating to regulations for safety at work in relation to waste regulations in the dental and clinical sector; regulatory compliance consulting in the fields of refurbishment measures that are necessary to comply with legal regulations concerning waste and refurbishment measures that are necessary to comply with legal regulations concerning the removal of amalgam sedimentation in piping systems

First Use Date in General

11^th 000101

First Use Date in Commerce

11^th 000101

Class [039]
Transportation & Storage Services

Waste collection services for amalgam separators and waste in the clinical sector

First Use Date in General

11^th 000101

First Use Date in Commerce

11^th 000101

Class [037]
Construction and Repair Services

Repair, servicing and maintenance services for apparatus for recovering raw materials from amalgam waste in dental practices, compressors for the medical and dental sector, medical machines and apparatus, electronic tooth root capture apparatus being medical and dental body cavity suction devices, amalgam separators, apparatus for air and water separation in the medical and dental sector, including those with integrated heavy parts collectors, dental instruments, medical suction apparatus, surgical compressors and amalgam separators for dentists, medical apparatus, and apparatus for disinfection of water for use dentists and ENT specialists

First Use Date in General

11^th 000101

First Use Date in Commerce

11^th 000101

Class [021]
Houseware and Glass Products

Toothbrushes; toothbrushes, electric; toothbrushes with a lighting and/or irradiating device for dental bleaching and/or for activating dental bleaching agents

First Use Date in General

11^th 000101

First Use Date in Commerce

11^th 000101

Class [011]
Environmental Control Instrument Products (lighting,heating,cooling,cooking)

Disinfection devices and apparatus, for use by dentists and ENT specialists, in the medical and dental fields, namely, water disinfecting apparatus for water supply systems; waste water treatment and water sterilization apparatus for the medical and dental sectors

First Use Date in General

11^th 000101

First Use Date in Commerce

11^th 000101

Class [010]
Medical Instrument Products

Dental apparatus and instruments for bleaching teeth, namely, lasers for dental purposes, intra-oral light systems; medical and dental apparatus and instruments for treating superficial germ, bacterial and/or viral disorders, namely, lasers for dental purposes, intra-oral light systems, analyzers for bacterial identification for medical purposes, medical and diagnostic apparatus for testing viruses; hand-operated equipment and instruments for irradiating body surfaces, namely radiation therapy devices and light systems for dental use; hand-operated equipment and instruments for activating dental bleaching agents, namely intra-oral dental lights systems; hand-operated equipment and instruments for applying and activating medicines for treating superficial germ, bacterial and/or viral disorders, namely intra-oral dental light systems for activating medicines; electronic analysis, diagnosis and treatment apparatus, all for dental purposes, namely electronic temperature monitors, electronic medial appliances for wound healing; electronic dental root recording, diagnosis and/or treatment apparatus, namely medical and dental appliances for healing of dental root wounds, root canal therapy instruments used to shave the inside of a root canal; dental suction apparatus for body cavities, namely medical and dental wound suction apparatus for body cavities; dental instruments and apparatus, other than metering systems for metering and documenting substitution medication in the context of substitution treatment, namely dental treatment; amalgam separators being amalgam carriers for dental use; dental apparatus, namely, compressors for use in dental practices and hospitals; dental apparatus, namely, apparatus for air/water separation, including with incorporated heavy part collectors;, namely air/water separators for use with a dry suction dental system; dental apparatus having air/water separation function, including with incorporated heavy part collectors, separating coarse contaminants in a collection tank for use with a dental suction system; dental air/water separators, namely water traps for separating liquid and bacterial and viral components from a gas sample withdrawn from a breathing gas of a patient before conducting the gas sample to a medical gas analyzer; combination medical and dental equipment, namely, wound suction apparatus, incorporating compressors and amalgam separators for dentists; dental treatment units with a water-using system and an integrated water treatment installation for the treatment water used in the system, namely water treatment apparatus in the nature of dental treatment sprayers for cleaning gums and teeth used in dental procedure; implants for the human body, dental implants and surgical implants, all of synthetic materials; dental prostheses, artificial and teeth; suture materials

First Use Date in General

11^th 000101

First Use Date in Commerce

11^th 000101

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

Sensors for measuring the content of germ reduction preparations in water for dental treatment units for the dental sector

First Use Date in General

11^th 000101

First Use Date in Commerce

11^th 000101

Class [007]
Machinery Products

Amalgam separators for recovering raw materials from amalgam waste in dental practices

First Use Date in General

11^th 000101

First Use Date in Commerce

11^th 000101

Class [005]
Pharmaceutical Products

Medicines for treating superficial germ, baterial and viral disorders being pharmaceutical preparations for dental care; medicines containing photoreactive and catalysable active substances for treating dental diseases and dental conditions; pharmaceutical and veterinary pharmaceutical preparations, namely, antivirals and pharmaceutical preparations for the treatment of dental diseases; Medicated skin care preparations for medical use after conducting disinfection measures in the dental sector, and for protection against skin diseases; sanitary preparations for medical purposes; disinfectants for the disinfection of surfaces, medical and dental instruments and apparatus amalgam separators, suction systems, mouth rinsing bowls, dental mouldings, and prosthetic workpieces; disinfectants, disinfecting hands for use in dental clinics and in dental practices; material for stopping teeth, dental wax; surgical implants comprised of living tissues

First Use Date in General

11^th 000101

First Use Date in Commerce

11^th 000101

Class [003]
Cosmetics and Cleaning Products

Dentifrices, tooth whitening preparations; bleaching preparations and detergent for laundry use

First Use Date in General

11^th 000101

First Use Date in Commerce

11^th 000101

Class [040]
Treatment & Processing of Materials Services

Destruction of medical and chemical waste and recycling services in the medical and dental sector, in relation to waste from amalgam separators and waste from the clinical sector

First Use Date in General

11^th 000101

First Use Date in Commerce

11^th 000101

Mark Details

Serial Number

No 79362842

Mark Type

No Service Mark

Attorney Docket Number

No LSG24403MASU

44D Filed

44D Current

44E filed

44E Current

66A Filed

Yes

66A Current

Yes

Current Basis

No Basis

Design Code(s)

26.01.21 -

Circles that are totally or partially shaded

Description of Design Search

The mark consists of a blue shaded circle with the shape of a stylized letter "M" carved out of the center.

Legal History

Status Date	Action Taken
12^th May 2024	LIMITATION OF GOODS RECEIVED FROM IB
05^th Mar 2024	NOTIFICATION OF FINAL REFUSAL EMAILED
05^th Mar 2024	FINAL REFUSAL E-MAILED
05^th Mar 2024	FINAL REFUSAL WRITTEN
01^st Feb 2024	TEAS/EMAIL CORRESPONDENCE ENTERED
31^st Jan 2024	CORRESPONDENCE RECEIVED IN LAW OFFICE
31^st Jan 2024	TEAS RESPONSE TO OFFICE ACTION RECEIVED
05^th Jan 2024	LIMITATION FROM THE IB - REQUEST EXAM REVIEW
05^th Nov 2023	LIMITATION OF GOODS RECEIVED FROM IB
22^nd Aug 2023	REFUSAL PROCESSED BY IB

M

Classification Information

Class [045]Personal & Legal & Social Services

First Use Date in General

First Use Date in Commerce

Class [039]Transportation & Storage Services

First Use Date in General

First Use Date in Commerce

Class [037]Construction and Repair Services

First Use Date in General

First Use Date in Commerce

Class [021]Houseware and Glass Products

First Use Date in General

First Use Date in Commerce

Class [011]Environmental Control Instrument Products (lighting,heating,cooling,cooking)

First Use Date in General

First Use Date in Commerce

Class [010]Medical Instrument Products

First Use Date in General

First Use Date in Commerce

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

First Use Date in General

First Use Date in Commerce

Class [007]Machinery Products

First Use Date in General

First Use Date in Commerce

Class [005]Pharmaceutical Products

First Use Date in General

First Use Date in Commerce

Class [003]Cosmetics and Cleaning Products

First Use Date in General

First Use Date in Commerce

Class [040]Treatment & Processing of Materials Services

First Use Date in General

First Use Date in Commerce

Mark Details

Serial Number

Mark Type

Attorney Docket Number

44D Filed

44D Current

44E filed

44E Current

66A Filed

66A Current

Current Basis

No Basis

Design Code(s)

Description of Design Search

Legal History

Class [045]
Personal & Legal & Social Services

Class [039]
Transportation & Storage Services

Class [037]
Construction and Repair Services

Class [021]
Houseware and Glass Products

Class [011]
Environmental Control Instrument Products (lighting,heating,cooling,cooking)

Class [010]
Medical Instrument Products

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

Class [007]
Machinery Products

Class [005]
Pharmaceutical Products

Class [003]
Cosmetics and Cleaning Products

Class [040]
Treatment & Processing of Materials Services