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`RA/WDJ
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
`
`January 23, 2024
`
`Cancellation No. 92084047
`
`Helen Of Troy Limited
`
`v.
`
`Medeia Inc.
`
`
`
`By the Trademark Trial and Appeal Board:
`
`On January 23, 2024, Petitioner filed a consented proposed amendment to
`
`Respondent’s Registration No. 5640629, with Petitioner’s written consent, and
`
`Petitioner’s withdrawal of the petition to cancel without prejudice, with Respondent’s
`
`written consent, contingent upon entry of the amendment.
`
`By the proposed amendment, Respondent seeks to amend the identification of
`
`goods and services as follows (additions in bold):
`
`International Class 9
`
`From: Computer hardware and software, for use with medical patient monitoring
`equipment, for receiving, processing, transmitting and displaying data;
`Medical research equipment, namely, computers, gamma cameras,
`collimators, aperture plates and computer software, all sold together as a
`unit for use in high resolution, high sensitivity tomographic image
`processing and imaging in the field of nuclear medicine; Medical workstation
`comprised of computer hardware and software for gathering and
`transmitting patient image data for use during surgical procedures;
`Computer software for HRV analysis and instructional user guides sold as
`a unit
`
`
`
`

`

`Cancellation No. 92084047
`
`
`
`To:
`
`Computer hardware and software, for use with medical patient monitoring
`equipment, for receiving, processing, transmitting and displaying data;
`Medical research equipment, namely, computers, gamma cameras,
`collimators, aperture plates and computer software, all sold together as a
`unit for use in high resolution, high sensitivity tomographic image
`processing and imaging in the field of nuclear medicine; Medical workstation
`comprised of computer hardware and software for gathering and
`transmitting patient image data for use during surgical procedures;
`Computer software for HRV analysis and instructional user guides sold as
`a unit; all of the foregoing goods excluding goods for self-
`administered tests for blood pressure, involving self-administered
`tests for blood pressure and/or the data acquired from self-
`administered tests for blood pressure
`
`
`International Class 10
`
`From: Electrocardiographic (ECG) recorders and electrocardiographic (ECG) digital
`plasters sold as a unit; Integrated medical examination systems comprising
`medical devices and computer software for information management for use
`in web-based physical examination and assessment of patients in a remote,
`clinical setting; Medical apparatus and instruments, namely, a handheld
`ultrasound unit for cardiac diagnosis, screening and cardiovascular patient
`follow-up; Medical devices for monitoring oxymetory, gas analysis, vital
`signs, blood properties and respiratory events and software sold as a unit
`therewith; Medical imaging apparatus incorporating medical imaging
`software; Medical instrument for cardiovascular diagnostics; Medical
`instruments to measure blood pressure, cardiac output and other
`physiological and cardiovascular parameters
`
`
`To:
`
`Electrocardiographic (ECG) recorders and electrocardiographic (ECG) digital
`plasters sold as a unit; Integrated medical examination systems comprising
`medical devices and computer software for information management for use
`in web-based physical examination and assessment of patients in a remote,
`clinical setting; Medical apparatus and instruments, namely, a handheld
`ultrasound unit for cardiac diagnosis, screening and cardiovascular patient
`follow-up; Medical devices for monitoring oxymetory, gas analysis, vital
`signs, blood properties and respiratory events and software sold as a unit
`therewith; Medical imaging apparatus incorporating medical imaging
`software; Medical instrument for cardiovascular diagnostics; Medical
`instruments only for use by medical professionals to measure blood
`pressure, cardiac output and other physiological and cardiovascular
`parameters; all of the foregoing goods excluding goods for self-
`administered tests for blood pressure, involving self-administered
`
`
`
`2
`
`

`

`Cancellation No. 92084047
`
`
`tests for blood pressure and/or the data acquired from self-
`administered tests for blood pressure
`
`
`International Class 44
`
`From: Consulting services in the field of medical imaging regarding the use and
`operation of medical imaging apparatus including X-ray, computed
`tomography, magnetic resonance imaging, ultrasound, and positron emission
`tomography apparatus; Consulting services in the fields of diagnostic medical
`testing and nutrition; Medical analysis services for the diagnosis of cancer;
`Medical clinic services; Medical counseling; Medical diagnostic testing,
`monitoring and reporting services; Medical screening; Medical screening
`information services
`featuring reminder alerts regarding medical
`examinations that individuals should undergo for preventative care
`purposes; Medical testing for diagnostic or treatment purposes; Medical
`ultrasound imaging services; Providing medical information, consultancy
`and advisory services; Providing medical testing of fitness and medical
`consultations to assist employees in making health, wellness and nutritional
`changes in their daily living to increase productivity and lower health care
`costs for businesses; Providing personalized healthcare and medical
`information in the nature of prediction of risk of chronic disease and
`castatrophic injury; X-ray examinations for medical purposes
`
`
`To:
`
`
`
`
`
`Consulting services in the field of medical imaging regarding the use and
`operation of medical imaging apparatus including X-ray, computed
`tomography, magnetic resonance imaging, ultrasound, and positron emission
`tomography apparatus; Consulting services in the fields of diagnostic medical
`testing and nutrition; Medical analysis services for the diagnosis of cancer;
`Medical clinic services; Medical counseling; Medical diagnostic testing,
`monitoring and reporting services; Medical screening; Medical screening
`information services
`featuring reminder alerts regarding medical
`examinations that individuals should undergo for preventative care
`purposes; Medical testing for diagnostic or treatment purposes; Medical
`ultrasound imaging services; Providing medical information, consultancy
`and advisory services; Providing medical testing of fitness and medical
`consultations to assist employees in making health, wellness and nutritional
`changes in their daily living to increase productivity and lower health care
`costs for businesses; Providing personalized healthcare and medical
`information in the nature of prediction of risk of chronic disease and
`castatrophic injury; X-ray examinations for medical purposes; all of the
`foregoing services excluding services relating to or involving self-
`administered tests for blood pressure and/or the data acquired from
`self-administered tests for blood pressure
`
`3
`
`

`

`Cancellation No. 92084047
`
`
`Although the amendment is otherwise acceptable, it was (1) not accompanied by
`
`the proper fees under Trademark Rule 2.6; and/or (2) not verified or supported by a
`
`declaration under Trademark Rule 2.20. See Trademark Rules 2.6(a)(11), 2.133(a)
`
`and 2.173(b), 37 C.F.R. §§ 2.6(a)(11), 2.133(a) and 2.173(b).
`
`Accordingly, Respondent is allowed thirty days from the date of this order to
`
`submit the required fee and/or declaration in support of the amendment, failing
`
`which said amendment will be given no further consideration.
`
`Proceedings are otherwise suspended.
`
`
`
`4
`
`

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