America Patent and Trademark Workplace has rejected Neuralink’s try and trademark the product names Telepathy and Telekinesis, citing pending functions by one other particular person for a similar logos.
Neuralink, the mind implant firm cofounded by Elon Musk, filed to trademark the names in March. However in letters despatched to Neuralink in August, the trademark workplace is refusing to permit the functions to maneuver ahead. It says Wesley Berry, a pc scientist and a cofounder of the tech startup Prophetic, beforehand filed trademark functions for Telepathy in Could 2023 and Telekinesis in August 2024. Prophetic is constructing a wearable headset to induce lucid dreaming, however solely Berry is the writer of the trademark functions, not Prophetic. (Berry declined to remark for this story.)
In response to Neuralink’s software for Telepathy, the trademark workplace additionally references the present trademark for Telepathy Labs, a Tampa-based firm that gives interactive voice and chatbot know-how to companies.
Musk’s Neuralink, in the meantime, is creating a brain-computer interface that includes a tool, surgically implanted within the cranium, that collects mind exercise. The corporate has been utilizing the identify Telepathy to explain its first product, which is designed to permit paralyzed folks the power to function their telephones and computer systems with simply their ideas. Musk unveiled the Telepathy identify in a January 2024 social media submit, shortly after the corporate implanted its first volunteer with the know-how. A complete of 9 folks now have the Neuralink machine, in response to a July announcement. (Neuralink didn’t reply to a request for remark.)
Each Berry and Neuralink filed “intent-to-use” functions, which permit companies and inventors to order trademark rights earlier than utilizing the mark in commerce. Berry’s software for Telepathy was accepted in December 2024 and for Telekinesis in August 2025 however the logos aren’t absolutely registered till he reveals that he’s truly utilizing them in commerce. Berry has three years to try this from acceptance, in any other case his functions can be thought of deserted and Neuralink’s software would take precedence.
Berry has not marketed nor commercialized a product referred to as Telepathy or Telekinesis, however in his trademark functions describes each as “software program that analyzes EEG to decode inner dialogue to regulate laptop or cell units.” EEG, or electroencephalogram, information refers back to the electrical exercise of the mind recorded by electrodes worn on the scalp.
The trademark workplace’s letters to Neuralink usually are not ultimate choices. Neuralink filed a response letter on August 28 addressing the present Telepathy Labs trademark, saying that Neuralink’s Telepathy product will not be more likely to be confused with Telepathy Labs. Neuralink didn’t tackle Berry’s functions in its response.
“The usual for chance of confusion is, if a random client encountered each of those merchandise, would they suppose that they’re coming from the identical firm?” says Heather Antoine, an mental property associate at Stoel Rives in Sacramento, California.
The trademark workplace will contemplate Neuralink’s response and resolve if there’s a chance of confusion. However there’s nonetheless the truth that Berry filed to register the Telepathy and Telekinesis marks first. If Berry succeeds in registering the marks, Neuralink would have a number of choices. It may try to purchase the logos from Berry or negotiate a consent settlement, wherein Berry may agree to permit Neuralink to additionally use the marks. Most of these agreements are normally made when the logos usually are not more likely to trigger client confusion.
If Berry is profitable in registering Telepathy, Neuralink might be sued if the corporate continues to make use of it.
Josh Gerben, a trademark lawyer and founding father of Gerben IP in Washington, DC, says it’s tough to know the way issues will shake out as a result of there’s quite a lot of nuance to a trademark declare. “Definitely in the intervening time, although, benefit goes to this different applicant,” he says, referring to Berry. “He may change into a substantial thorn within the facet of Neuralink by way of these logos.”
