Neuralink’s Bid to Trademark ‘Telepathy’ and ‘Telekinesis’ Faces Legal Issues

The United States Patent and Trademark Office has rejected Neuralink’s effort to trademark nan merchandise names Telepathy and Telekinesis, citing pending applications by different personification for nan aforesaid trademarks.

Neuralink, nan encephalon implant institution cofounded by Elon Musk, revenge to trademark nan names successful March. But successful letters sent to Neuralink successful August, nan trademark agency is refusing to let nan applications to move forward. It says Wesley Berry, a machine intelligence and a cofounder of nan tech startup Prophetic, antecedently revenge trademark applications for Telepathy successful May 2023 and Telekinesis successful August 2024. Prophetic is building a wearable headset to induce lucid dreaming, but only Berry is nan writer of nan trademark applications, not Prophetic. (Berry declined to remark for this story.)

In consequence to Neuralink’s exertion for Telepathy, nan trademark agency besides references nan existing trademark for Telepathy Labs, a Tampa-based institution that provides interactive sound and chatbot exertion to businesses.

Musk’s Neuralink, meanwhile, is processing a brain-computer interface that involves a device, surgically implanted successful nan skull, that collects encephalon activity. The institution has been utilizing nan sanction Telepathy to picture its first product, which is designed to let paralyzed group nan expertise to run their phones and computers pinch conscionable their thoughts. Musk unveiled nan Telepathy sanction successful a January 2024 social media post, soon aft nan institution implanted its first volunteer pinch nan technology. A full of 9 group now person nan Neuralink device, according to a July announcement. (Neuralink did not respond to a petition for comment.)

Both Berry and Neuralink revenge “intent-to-use” applications, which let businesses and inventors to reserve trademark authorities earlier utilizing nan people successful commerce. Berry’s exertion for Telepathy was accepted successful December 2024 and for Telekinesis in August 2025 but nan trademarks aren’t afloat registered until he shows that he’s really utilizing them successful commerce. Berry has 3 years to do that from acceptance, different his applications would beryllium considered abandoned and Neuralink’s exertion would return priority.

Berry has not marketed nor commercialized a merchandise called Telepathy aliases Telekinesis, but successful his trademark applications describes some arsenic “software that analyzes EEG to decode soul speech to power machine aliases mobile devices.” EEG, aliases electroencephalogram, information refers to nan electrical activity of nan encephalon recorded done electrodes worn connected nan scalp.

The trademark office’s letters to Neuralink are not last decisions. Neuralink revenge a consequence missive connected August 28 addressing nan existing Telepathy Labs trademark, saying that Neuralink’s Telepathy merchandise is not apt to beryllium confused pinch Telepathy Labs. Neuralink did not reside Berry’s applications successful its response.

“The modular for likelihood of disorder is, if a random user encountered some of these products, would they deliberation that they’re coming from nan aforesaid company?” says Heather Antoine, an intelligence spot partner astatine Stoel Rives successful Sacramento, California.

The trademark agency will see Neuralink’s consequence and determine if location is simply a likelihood of confusion. But there’s still nan truth that Berry revenge to registry nan Telepathy and Telekinesis marks first. If Berry succeeds successful registering nan marks, Neuralink would person a fewer options. It could effort to bargain nan trademarks from Berry aliases discuss a consent agreement, successful which Berry could work together to let Neuralink to besides usage nan marks. These types of agreements are usually made erstwhile nan trademarks are not apt to origin user confusion.

If Berry is successful successful registering Telepathy, Neuralink could beryllium sued if nan institution continues to usage it.

Josh Gerben, a trademark lawyer and laminitis of Gerben IP successful Washington, DC, says it’s difficult to cognize really things will shingle retired because there’s a batch of nuance to a trademark claim. “Certainly astatine nan moment, though, advantage goes to this different applicant,” he says, referring to Berry. “He could go a sizeable thorn successful nan broadside of Neuralink successful position of these trademarks.”