Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1094484
`11/10/2020
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner Information
`
`Name
`
`Entity
`
`Address
`
`Volker Bartenbach
`
`Individual
`
`BRUECHSTRASSE 39
`MEILEN, CH-8706
`SWITZERLAND
`
`Citizenship
`
`GERMANY
`
`Attorney informa-
`tion
`
`JONATHAN M. GELCHINSKY
`PIERCE ATWOOD LLP
`254 COMMERCIAL STREET
`PORTLAND, ME 04101
`UNITED STATES
`Primary Email: trademark@pierceatwood.com
`207-791-1100
`
`Docket Number
`
`32537/1604A
`
`Registration Subject to Cancellation
`
`Registration No.
`
`5780386
`
`Registration date
`
`06/18/2019
`
`Registrant
`
`Shenzhen youshida keji Co.,Ltd
`RM 1401, #9 BUILDING, KEYUAN,
`BUJI NANWANJIEDAO,LONGGANG QU,
`SHENZHEN, GUANGDONG, 518112
`CHINA
`
`Goods/Services Subject to Cancellation
`
`Class 009. First Use: 2018/05/29 First Use In Commerce: 2018/05/29
`Goods and services in the class that are subject to cancellation: Humanoid robots with artificial intelli-
`gence
`
`Grounds for Cancellation
`
`Abandonment
`
`Trademark Act Section 14(3)
`
`Attachments
`
`Petition for Cancellation.pdf(159966 bytes )
`
`Signature
`
`/Jonathan M. Gelchinsky/
`
`Name
`
`Date
`
`Jonathan M. Gelchinsky
`
`11/10/2020
`
`

`

`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`VOLKER BARTENBACH,
`
`Petitioner,
`
`v.
`
`SHENZHEN YOUSHIDA KEJI CO., LTD.,
`
`
`
`Registrant.
`
`
`
`
`
`Registration No.: 5,780,386
`
`Mark: AUXIVOS
`
`Registration Date: June 18, 2019
`
`
`
`
`
`
`
`PETITION FOR CANCELLATION
`
`Volker Bartenbach (“Petitioner”) believes that he is being and will be damaged by
`
`the continued registration of the mark AUXIVOS by Shenzhen Youshida Keji Co., Ltd.
`
`(“Registrant”) for certain goods identified therein, and hereby petitions for cancellation,
`
`in part, of Registration No. 5,780,386 as to the goods “Humanoid robots with artificial
`
`intelligence.” As grounds for its petition, Petitioner alleges that, upon actual knowledge
`
`with respect to himself and his own acts, and upon information and belief as to all other
`
`matters:
`
`Petitioner and its AUXIVO Mark
`
`1.
`
`Petitioner is an individual and a citizen of Germany, with a principal place
`
`of business at Bruechstrasse 39, CH-8706 Meilen, Switzerland.
`
`2.
`
`Petitioner intends to use the mark AUXIVO in connection with the
`
`development, manufacture, distribution, advertising, and sale of wearable exoskeleton
`
`products and associated services.
`
`{W12494691.1}
`
`
`
`

`

`3.
`
`Petitioner owns U.S. Trademark Application No. 79283599 for the mark
`
`AUXIVO, which was filed on December 9, 2019 under Section 66(a), covering the
`
`following goods and services (the “Application”):
`
`Class 9
`
`Class 7 Machine tools and power operated tools; robots; moving and handling
`equipment; robotic exoskeleton suits, other than for medical purposes;
`robotic exoskeleton suits [other than for medical purposes] for
`preventing back problems
`Scientific, research, navigation, surveying, photographic,
`cinematographic, audio-visual, optical, weighing, measuring,
`signalling, detecting, testing, inspecting, life-saving and teaching
`apparatus and instruments; wearable accident preventing devices for
`personal use for preventing injuries or fatigues in connection with
`lifting or carrying movements; accident preventing devices for personal
`use in the form of protective or back skeletons for preventing back
`pain; chest protector skeletons for preventing accidents or injuries
`[accident preventing devices for personal use], other than specifically
`adapted for sport; back protector skeletons for preventing accidents or
`injuries [accident preventing devices for personal use], other than
`specifically adapted for sport; protective clothing
`Class 10 Surgical and medical apparatus and instruments; orthopaedic articles;
`therapeutic and assistive devices adapted for the disabled; robotic
`exoskeleton suits for medical purposes; orthopaedic aids for
`preventing back pain; orthopaedic device, namely, an elevating,
`lowering, lifting and support skeletons for humans to prevent back
`pain; exoskeletons for medical purposes, namely, external skeletons
`for human use for the prevention of back pain; robotic orthoses;
`wearable medical devices for support during lifting and carrying;
`electric orthoses for supporting human movement; back supports for
`medical purposes; orthopaedic back aid for supporting human
`movement during lifting and carrying; abdominal belts; mobility aids for
`medical purposes in the form of wearable devices to improve the
`mobility, strength and/or stamina of individuals; orthopaedic aid in the
`form of support and back skeletons for preventing back pain;
`exoskeletons as training aids for medical rehabilitative purposes;
`physiotherapy and rehabilitation equipment in the form of
`exoskeletons for reducing forces and torques impacting the carrier's
`body and for supporting its movement; physiotherapy and
`rehabilitation equipment in the form of back skeletons for preventing
`back pain
`Class 28 Gymnastic and sporting articles; sports equipment, namely, chest
`protector skeletons for use in sporting activities, back protector
`skeletons for use in sporting activities
`
`{W12494691.1}
`
`
`
`

`

`Class 42 Scientific and technological services and research and design relating
`thereto; industrial analysis and industrial research services; research
`and development relating to orthopaedic articles, wearable ergonomic
`and mechatronic devices and exoskeletons; engineering and research
`services relating to robotics
`
` printout of the Application from the PTO’s TSDR database is attached as Exhibit A.
`
` A
`
`4.
`
`On May 13, 2020, the U.S. Patent and Trademark Office issued an Office
`
`Action refusing registration of Petitioner’s mark shown in the Application based on a
`
`likelihood of confusion with the mark shown in Registration No. 5,780,386.
`
`Registrant and Its AUXIVOS Mark
`
`5.
`
`Registrant is a China limited company with an address of record at Rm
`
`1401, #9 building, keyuan, buji Nanwanjiedao, longgang qu, Shenzhen, Guangdong
`
`CHINA 518112.
`
`6.
`
`Registrant is the listed owner of Registration No. 5,780,386 for the mark
`
`AUXIVOS, which issued on June 18, 2019, covering in pertinent part, “Humanoid robots
`
`with artificial intelligence” in International Class 9.
`
`Abandonment Under Section 45, 15 U.S.C. § 1127
`
`7.
`
`Petitioner repeats and re-alleges each and every allegation set forth in
`
`Paragraphs 1 through 6.
`
`8.
`
`Upon information and belief, Registrant has abandoned the AUXIVOS
`
`mark shown in Registration No. 5,780,386 for the goods “Humanoid robots with artificial
`
`intelligence” based on non-use of the mark in commerce and an intent not to commence
`
`or resume use of the mark in connection with such goods.
`
`9.
`
`Accordingly, Registration No. 5,780,386 for the mark AUXIVOS should be
`
`cancelled in part, as to the goods “Humanoid robots with artificial intelligence,” based on
`
`abandonment of the mark under Section 45 of the Lanham Act, 15 U.S.C. § 1127.
`
`{W12494691.1}
`
`
`
`

`

`WHEREFORE, Petitioner believes that he is being and will continue to be
`
`damaged by the registration of the mark AUXIVOS shown in Registration No. 5,780,386
`
`for the goods “Humanoid robots with artificial intelligence,” and requests that this
`
`petition be sustained and that the registration be cancelled as to those goods.
`
`A filing fee of $400 has been submitted electronically. If the filing fee is found to
`
`be insufficient for any reason, please charge the deficiency to Deposit Account No.
`
`500282.
`
`Respectfully Submitted,
`
`VOLKER BARTENBACH
`
`by: /s/ Jonathan M. Gelchinsky
`Jonathan M. Gelchinsky
`PIERCE ATWOOD LLP
`254 Commercial Street
`Portland, ME 04101-4664
`Telephone: (207) 791-1100
`Facsimile: (207) 791-1350
`
`Attorneys for Petitioner
`
`
`
`
`
`
`
`
`
`
`Dated: November 10, 2020
`
`
`
`
`
`
`
`
`
`
`
`{W12494691.1}
`
`

`

`
`Exhibit A
`Exhibit A
`
`
`
`
`{W12494691.1)
`{W12494691.1}
`
`
`
`

`

`Generated on: This page was generated by TSDR on 2020-11-10 12:21:11 EST
`
`Mark: AUXIVO
`
`US Serial Number: 79283599
`
`Register: Principal
`
`Mark Type: Trademark, Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Dec. 09, 2019
`
`LIVE/APPLICATION/Under Examination
`
`The trademark application has been accepted by the Office (has met the
`minimum filing requirements) and that this application has been assigned to
`an examiner.
`
`Status: A non-final Office action has been sent (issued) to the applicant. This is a letter from the examining attorney requiring additional
`information and/or making an initial refusal. The applicant must respond to this Office action. To view all documents in this file, click on
`the Trademark Document Retrieval link at the top of this page.
`
`Status Date: May 13, 2020
`
` 
`
`Mark Literal
`Elements:
`
`AUXIVO
`
`Mark Information
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Related Properties Information
`
`1525927
`
`International
`Registration
`Number:
`
`International
`Registration Date:
`
`Dec. 09, 2019
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Machine tools and power operated tools; robots; moving and handling equipment; robotic exoskeleton suits, other than for medical
`purposes; robotic exoskeleton suits [other than for medical purposes] for preventing back problems
`
`International
`Class(es):
`
`007 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`U.S Class(es): 013, 019, 021, 023, 031, 034, 035
`
`For: Scientific, research, navigation, surveying, photographic, cinematographic, audio-visual, optical, weighing, measuring, signalling,
`detecting, testing, inspecting, life-saving and teaching apparatus and instruments; wearable accident preventing devices for personal
`use for preventing injuries or fatigues in connection with lifting or carrying movements; accident preventing devices for personal use in
`the form of protective or back skeletons for preventing back pain; chest protector skeletons for preventing accidents or injuries
`[accident preventing devices for personal use], other than specifically adapted for sport; back protector skeletons for preventing
`accidents or injuries [accident preventing devices for personal use], other than specifically adapted for sport; protective clothing
`
`International
`Class(es):
`
`009 - Primary Class
`
`Class Status: ACTIVE
`
`U.S Class(es): 021, 023, 026, 036, 038
`
`

`

`Basis: 66(a)
`
`For: Surgical and medical apparatus and instruments; orthopaedic articles; therapeutic and assistive devices adapted for the disabled;
`robotic exoskeleton suits for medical purposes; orthopaedic aids for preventing back pain; orthopaedic device, namely, an elevating,
`lowering, lifting and support skeletons for humans to prevent back pain; exoskeletons for medical purposes, namely, external skeletons
`for human use for the prevention of back pain; robotic orthoses; wearable medical devices for support during lifting and carrying;
`electric orthoses for supporting human movement; back supports for medical purposes; orthopaedic back aid for supporting human
`movement during lifting and carrying; abdominal belts; mobility aids for medical purposes in the form of wearable devices to improve
`the mobility, strength and/or stamina of individuals; orthopaedic aid in the form of support and back skeletons for preventing back pain;
`exoskeletons as training aids for medical rehabilitative purposes; physiotherapy and rehabilitation equipment in the form of
`exoskeletons for reducing forces and torques impacting the carrier's body and for supporting its movement; physiotherapy and
`rehabilitation equipment in the form of back skeletons for preventing back pain
`
`International
`Class(es):
`
`010 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`U.S Class(es): 026, 039, 044
`
`For: Gymnastic and sporting articles; sports equipment, namely, chest protector skeletons for use in sporting activities, back protector
`skeletons for use in sporting activities
`
`International
`Class(es):
`
`028 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`U.S Class(es): 022, 023, 038, 050
`
`For: Scientific and technological services and research and design relating thereto; industrial analysis and industrial research services;
`research and development relating to orthopaedic articles, wearable ergonomic and mechatronic devices and exoskeletons;
`engineering and research services relating to robotics
`
`International
`Class(es):
`
`042 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`Filed Use: No
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: Yes
`
`Filed No Basis: No
`
`Owner Name: Volker Bartenbach
`
`Owner Address: Bruechstrasse 39
`CH-6706 Meilen
`SWITZERLAND
`
`Legal Entity Type: INDIVIDUAL
`
`U.S Class(es): 100, 101
`
`Basis Information (Case Level)
`
`Currently Use: No
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: Yes
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Attorney/Correspondence Information
`
`Citizenship: GERMANY
`
`Correspondent
`Name/Address:
`
`Bird & Bird LLP
`Maximiliansplatz 22
`80333 München GERMANY
`
`Date
`
`Description
`
`May 29, 2020
`
`REFUSAL PROCESSED BY IB
`
`Attorney of Record - None
`
`Correspondent
`
`Domestic Representative - Not Found
`Prosecution History
`
`Proceeding
`Number
`
`

`

`May 13, 2020
`
`NON-FINAL ACTION MAILED - REFUSAL SENT TO IB
`
`May 13, 2020
`
`REFUSAL PROCESSED BY MPU
`
`Apr. 29, 2020
`
`NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW
`
`Apr. 28, 2020
`
`NON-FINAL ACTION WRITTEN
`
`Apr. 24, 2020
`
`APPLICATION FILING RECEIPT MAILED
`
`Apr. 20, 2020
`
`ASSIGNED TO EXAMINER
`
`Apr. 20, 2020
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`Apr. 16, 2020
`
`SN ASSIGNED FOR SECT 66A APPL FROM IB
`International Registration Information (Section 66a)
`
`68359
`
`93932
`
`93932
`
`1525927
`
`International
`Registration
`Number:
`
`Priority Claimed
`Flag:
`
`Yes
`
`Intl. Registration
`Status:
`
`REQUEST FOR EXTENSION OF PROTECTION
`PROCESSED
`
`Notification of
`Designation Date:
`
`Apr. 16, 2020
`
`International
`Registration
`Renewal Date:
`
`Dec. 09, 2029
`
`First Refusal Flag: Yes
`
`International
`Registration Date:
`
`Dec. 09, 2019
`
`Date of Section 67
`Priority Claim:
`
`Jun. 14, 2019
`
`Apr. 16, 2020
`
`Date of
`International
`Registration
`Status:
`
`Date of Automatic
`Protection:
`
`Oct. 16, 2021
`
`TM Staff and Location Information
`
`TM Attorney: HARMON, RAYMOND E
`
`Current Location: TMEG LAW OFFICE 103 - EXAMINING
`ATTORNEY ASSIGNED
`
`TM Staff Information
`
`Law Office
`Assigned:
`
`LAW OFFICE 103
`
`File Location
`
`Date in Location: Apr. 28, 2020
`
`