Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1271086
`03/09/2023
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application serial no.
`
`Applicant
`
`79313560
`
`BIOSYNEX
`
`Notice of Appeal
`
`Notice is given that BIOSYNEX appeals to the Trademark Trial and Appeal Board the refusal to register the
`application or the cancellation of the registration.
`
`The following goods or services are at issue on appeal:
`- Class 001. First Use: None First Use In Commerce: None
`All goods and services in the class are appealed, namely: Chemical products for use in industry and sci-
`ence; chemical reagents, other than for medical or veterinary purposes ; diagnostic preparations other
`than for medical or veterinary purposes ; Chemically-treated nonmedical strips for chemical and biological
`analysis
`- Class 005. First Use: None First Use In Commerce: None
`All goods and services in the class are appealed, namely: Chemical and biological reagents and products
`for medical or veterinary purposes, namely, reagents for use in diagnostic tests, reagents for use in dia-
`gnostic tests for screening purposes, reagents for medical use, chemical reagents for medical purposes,
`diagnostic biomarker reagents for medical use; immunoassay reagents for medical use, reagent paper for
`medical purposes; reagents and preparations for pregnancy tests, chemical preparations for use in DNA
`medical analysis and Chemicals for use in RNA analysis for medical purposes; diagnostic products for
`medical purposes, namely, medical diagnostic test strips for the detection of coronavirus, viruses, bacteria
`or parasite for medical purposes, medical diagnostic test strips for measuring blood glucose levels, medic-
`al diagnostic test strips for measuring cholesterol levels, triglycerides, cardiac markers or any other bio-
`medical marker; testing kits comprised of medical diagnostic agents, preparations and substances for
`medical purposes for use in disease detection, namely, coronavirus, HIV, respiratory viral infections, hep-
`atitis B, hepatitis C, influenza, infectious mononucleosis, dengue, norovirus, rotavirus, adenovirus, urinary
`tract infections, colorectal cancer, C-reactive protein, cyclic citrullinated peptide, premature rupture of the
`fetal membranes, Chlamydia trachomatis, helicobacter pylori, legionnaire's disease, pneumonia, syphilis,
`tetanus, malaria, mycoses, herpes, rubella, whooping cough, Lyme disease; preparations and substances
`for medical purposes for use in drugs detection, namely, amphetamines, buprenorphine, cocaine, cotinine,
`methadone, fentanyl, methamphetamines, morphine, oxycodone, phencyclidine, cannabis, tramadol; preg-
`nancy test kits and ovulation test kits for home use; diagnostic test kits comprised of medical diagnostic,
`for medical purposes for the detection of coronavirus, viruses, bacteria or parasite for medical purposes; in
`vitro diagnostic preparations for medical use for the detection of coronavirus, viruses, bacteria or parasite
`for medical purposes; self-testing diagnostic kits comprising in vitro diagnostic agents, preparations and
`substances for medical purposes for the detection of coronavirus, viruses, bacteria or parasite for medical
`purposes; medical diagnostic test kits for the detection of coronavirus, viruses, bacteria or parasite for
`medical purposes; medical diagnostic reagents and assays for testing of body fluids for the detection of
`coronavirus, viruses, bacteria or parasite for medical purposes; medical diagnostic reagents; chemical re-
`agents for medical or veterinary purposes
`- Class 010. First Use: None First Use In Commerce: None
`All goods and services in the class are appealed, namely: Diagnostic apparatus for medical purposes,
`namely, blood testing apparatus; genetic testing apparatus for medical purposes; apparatus for analysing
`substances for medical use, namely, hematology, biochemistry, cardiac markers, infectiology and rapid
`tests; diagnostic test readers for medical use; medical diagnostic apparatus for testing DNA and RNA
`samples; medical apparatus and instruments, namely, instruments for loop-mediated isothermal amplifica-
`tion for medical purposes; quantitative Polymerase Chain Reaction [PCR] instruments for medical use;
`real-time polymerase chain reaction (PCR) instruments for medical purposes; apparatus for carrying-out
`diagnostic tests for medical purposes, namely, readers for rapid tests interpretation, centrifuges; testing in-
`struments for medical diagnostic purposes, namely, for the detection of coronavirus, viruses, bacteria or
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`parasite for medical purposes; apparatus for analysing bacteria in biological samples for medical use,
`namely, readers for rapid tests interpretation and centrifuges; capillary tubes for samples; medical speci-
`men cups; specimen cup holders; apparatus for taking body fluid samples, namely, medical devices for
`obtaining body fluid samples; gloves for medical purposes, sanitary masks for medical purposes, thermo-
`meters for medical use, chemically activated hot and cold gel packs for medical purposes; cooling patches
`for medical purposes; Ice bags for medical purposes, first-aid cooling patches, elastic bandages, Band-
`ages for orthopaedic purposes
`- Class 042. First Use: None First Use In Commerce: None
`All goods and services in the class are appealed, namely: Chemical analysis and research services; biolo-
`gical research; bacteriological research; chemical research; pharmaceutical research services; calibration
`of devices employed in such services
`Respectfully submitted,
`/Joseph Sofer/
`03/09/2023
`JOSEPH SOFER
`IPSILON USA, LLP
`110 W 40TH STREET
`SUITE 2001
`NEW YORK, NY 10018
`UNITED STATES
`Primary email: jsofer@ipsilon-ip.com
`Secondary email(s): dockets@ipsilon-ip.com, gantrim@ipsilon-ip.com
`2126972800
`Docket no.
`
`1300-1175
`
`