Rejection of Neuralink's Trademark Applications for "Telepathy" and "Telekinesis" by the US Patent and Trademark Office

The United States Patent and Trademark Office (USPTO) has declined Neuralink's bid to trademark the product names "Telepathy" and "Telekinesis". The basis for this rejection is the existence of pending trademark applications submitted by another individual for the same designations.

Neuralink, the brain - implant firm co - founded by Elon Musk, submitted trademark applications for these names in March. However, in correspondence dispatched to Neuralink in August, the USPTO has prohibited the progression of these applications. It has been revealed that Wesley Berry, a computer scientist and co - founder of the tech startup Prophetic, previously filed trademark applications for "Telepathy" in May 2023 and "Telepathy" in August 2024. While Prophetic is engaged in developing a wearable headset for inducing lucid dreaming, the trademark applications were filed solely by Berry, not by Prophetic. (Berry has declined to provide comments regarding this matter.)

In response to Neuralink's "Telepathy" application, the USPTO also cited the pre - existing trademark held by Telepathy Labs, a Tampa - based enterprise that offers interactive voice and chatbot technology to businesses.

Simultaneously, Musk's Neuralink is developing a brain - computer interface. This interface involves a device surgically implanted in the skull to gather brain activity. The company has been using the name "Telepathy" to describe its initial product, which is engineered to enable paralyzed individuals to operate their phones and computers using only their thoughts. Musk revealed the "Telepathy" name in a January 2024 social media post, shortly after the company implanted its first volunteer with the technology. According to a September announcement, a total of eleven people now have the Neuralink device. (Neuralink did not respond to requests for comment.)

Both Berry and Neuralink filed "intent - to - use" applications. Such applications permit businesses and inventors to reserve trademark rights prior to using the mark in commercial activities. Berry's application for "Telepathy" was accepted in December 2024, and for "Telekinesis" in August 2025. However, the trademarks will not be fully registered until he demonstrates actual commercial use. Berry has three years from the date of acceptance to do so; otherwise, his applications will be deemed abandoned, and Neuralink's application would gain precedence.

Berry has neither marketed nor commercialized products named "Telepathy" or "Telekinesis". In his trademark applications, he describes both as "software that analyzes EEG to decode internal dialogue to control computer or mobile devices." EEG, or electroencephalogram, data pertains to the electrical activity of the brain recorded via electrodes worn on the scalp.

The USPTO's letters to Neuralink do not constitute final decisions. On August 28, Neuralink submitted a response letter addressing the existing Telepathy Labs trademark, asserting that its "Telepathy" product is unlikely to cause consumer confusion with that of Telepathy Labs. Neuralink did not address Berry's applications in its response.

Heather Antoine, an intellectual property partner at Stoel Rives in Sacramento, California, states, "The standard for likelihood of confusion is, if a random consumer encountered both of these products, would they think that they're coming from the same company?"

The USPTO will assess Neuralink's response to determine if there is a likelihood of confusion. Nevertheless, the fact remains that Berry filed to register the "Telepathy" and "Telekinesis" marks first. If Berry successfully registers the marks, Neuralink would have several alternatives. It could attempt to purchase the trademarks from Berry or negotiate a consent agreement, wherein Berry could consent to Neuralink's use of the marks. These agreements are typically reached when the trademarks are not likely to create consumer confusion.

If Berry successfully registers "Telepathy" and Neuralink continues to use it, the company could face a lawsuit.

Josh Gerben, a trademark attorney and founder of Gerben IP in Washington, DC, notes that it is challenging to predict the outcome due to the numerous nuances in a trademark claim. "Certainly at the moment, though, advantage goes to this other applicant," he says, referring to Berry. "He could become a considerable obstacle for Neuralink regarding these trademarks."

Update: 9/5/2025, 3:15 PM EDT: WIRED has clarified the total number of people who have a Neuralink device. Neuralink updated this information as this article was being published.