Decisions · 79371727
In re Brainlab SE
Serial No. 79371727 · Decided 2026-05-26 · Other
What happened
Disclaimer requirement upheld — the Board agreed that DYNAMIC SURFACE merely describes what Brainlab’s radiotherapy patient-tracking systems do (continuously track a moving patient’s body surface), so Brainlab must disclaim exclusive rights in that phrase, but its EXACTRAC DYNAMIC SURFACE mark can still register if it files the disclaimer within 30 days.
The marks
Applicant
EXACTRAC DYNAMIC SURFACE
Radiotherapy planning software, patient-positioning hardware/software, radiotherapeutic apparatus, and patient immobilization masks (Classes 9 and 10)
Why this decision is significant
Useful template for unitary-phrase disclaimer fights: the Board required disclaimer of the whole phrase DYNAMIC SURFACE (not term-by-term) based on its established meaning in radiotherapy literature, with the applicant’s own website treated as the most damaging evidence, and the applicant’s own prior EXACTRAC DYNAMIC registration held irrelevant under the own-record rule.
Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.
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The original record
Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.
Who checked this
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Provenance — Written from the opinion; tier never confirmed.
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