Response to Office Action

OSCAR

BIOTRONIK AG

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 11/30/2023)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 79285788
LAW OFFICE ASSIGNED LAW OFFICE 105
MARK SECTION
MARK mark
LITERAL ELEMENT OSCAR
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
OWNER SECTION (current)
NAME BIOTRONIK AG
EMAIL XXXX
OWNER SECTION (proposed)
NAME BIOTRONIK AG
EMAIL XXXX
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_206801175-20201223111 602783733_._000219Respons e.pdf
       CONVERTED PDF FILE(S)
       (7 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\792\857\79285788\xml9\ ROA0002.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\792\857\79285788\xml9\ ROA0003.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\792\857\79285788\xml9\ ROA0004.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\792\857\79285788\xml9\ ROA0005.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\792\857\79285788\xml9\ ROA0006.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\792\857\79285788\xml9\ ROA0007.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\792\857\79285788\xml9\ ROA0008.JPG
DESCRIPTION OF EVIDENCE FILE Response to Office Action attached.
GOODS AND/OR SERVICES SECTION (010) (current)
INTERNATIONAL CLASS 010
DESCRIPTION
Vascular, cardiovascular and peripheral implants and devices; catheters, catheters for balloon dilatation, introducer sheaths and reinforced introducer sheaths for use in percutaneous vascular procedures, medical dilators, coronary and peripheral balloon catheters, catheters for percutaneous transluminal coronary angioplasty (PTCA catheters), catheters for percutaneous transluminal angioplasty (PTA catheters); balloons for medical use, peripheral and coronary balloons, drug-coated balloons, drug eluting balloons, drug releasing balloons; stents, balloon expandable stents, drug eluting stents; all the above goods not in the field of orthopaedics
GOODS AND/OR SERVICES SECTION (010) (proposed)
INTERNATIONAL CLASS 010
TRACKED TEXT DESCRIPTION
Vascular, cardiovascular and peripheral implants and devices; Medical devices, namely, vascular cardiovascular and peripheral implants and devices comprising artificial material; catheters, catheters for balloon dilatation, introducer sheaths and reinforced introducer sheaths for use in percutaneous vascular procedures, medical dilators, coronary and peripheral balloon catheters, catheters for percutaneous transluminal coronary angioplasty (PTCA catheters), catheters for percutaneous transluminal angioplasty (PTA catheters); Medical catheters, namely, catheters for balloon dilatation, introducer sheaths and reinforced introducer sheaths, including support catheters, for use in percutaneous vascular procedures, medical dilators, coronary and peripheral balloon catheters, catheters for percutaneous transluminal coronary angioplasty, namely, PTCA catheters, catheters for percutaneous transluminal angioplasty, namely, PTA catheters; balloons for medical use, peripheral and coronary balloons, drug-coated balloons, drug eluting balloons, drug releasing balloons; Medicinal balloons, namely, balloons for medical use, peripheral and coronary balloons, drug-coated balloons, drug eluting balloons, drug releasing balloons; stents, balloon expandable stents, drug eluting stents; all the above goods not in the field of orthopaedics; all the above goods not in the field of orthopedics
FINAL DESCRIPTION
Medical devices, namely, vascular cardiovascular and peripheral implants and devices comprising artificial material; Medical catheters, namely, catheters for balloon dilatation, introducer sheaths and reinforced introducer sheaths, including support catheters, for use in percutaneous vascular procedures, medical dilators, coronary and peripheral balloon catheters, catheters for percutaneous transluminal coronary angioplasty, namely, PTCA catheters, catheters for percutaneous transluminal angioplasty, namely, PTA catheters; Medicinal balloons, namely, balloons for medical use, peripheral and coronary balloons, drug-coated balloons, drug eluting balloons, drug releasing balloons; stents, balloon expandable stents, drug eluting stents; all the above goods not in the field of orthopedics
GOODS AND/OR SERVICES SECTION (044) (current)
INTERNATIONAL CLASS 044
DESCRIPTION
Medical services, namely, services in the area of medical and surgical therapies, vascular therapies, cardiovascular and peripheral therapies; all the above services not relating to orthopaedics
GOODS AND/OR SERVICES SECTION (044) (proposed)
INTERNATIONAL CLASS 044
TRACKED TEXT DESCRIPTION
Medical services, namely, services in the area of medical and surgical therapies, vascular therapies, cardiovascular and peripheral therapies; all the above services not relating to orthopaedics; all the above services not relating to orthopedics
FINAL DESCRIPTION
Medical services, namely, services in the area of medical and surgical therapies, vascular therapies, cardiovascular and peripheral therapies; all the above services not relating to orthopedics
CORRESPONDENCE INFORMATION (current)
NAME BRYAN H. OPALKO
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE bryan.opalko@bipc.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) susan.hilburg@bipc.com; VickiCremonese@bipc.foundationip.com
DOCKET/REFERENCE NUMBER 0055955-219
CORRESPONDENCE INFORMATION (proposed)
NAME BRYAN H. OPALKO
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE bryan.opalko@bipc.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) susan.hilburg@bipc.com; VickiCremonese@bipc.foundationip.com
DOCKET/REFERENCE NUMBER 0055955-219
SIGNATURE SECTION
RESPONSE SIGNATURE /Bryan H. Opalko/
SIGNATORY'S NAME BRYAN H. OPALKO
SIGNATORY'S POSITION Attorney of Record, PA Bar Member
SIGNATORY'S PHONE NUMBER 412-562-1893
DATE SIGNED 12/23/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Dec 23 14:08:54 ET 2020
TEAS STAMP USPTO/ROA-XXX.XX.XXX.X-20
201223140854725149-792857
88-750f05d95164c835da5c65
9be2a33911f2345d0c0390853
f9f714423d568cc11-N/A-N/A
-20201223140731195115



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 11/30/2023)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 79285788 OSCAR(Standard Characters, see http://uspto.report/TM/79285788/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Response to Office Action attached.
Original PDF file:
evi_206801175-20201223111 602783733_._000219Respons e.pdf
Converted PDF file(s) ( 7 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Vascular, cardiovascular and peripheral implants and devices; catheters, catheters for balloon dilatation, introducer sheaths and reinforced introducer sheaths for use in percutaneous vascular procedures, medical dilators, coronary and peripheral balloon catheters, catheters for percutaneous transluminal coronary angioplasty (PTCA catheters), catheters for percutaneous transluminal angioplasty (PTA catheters); balloons for medical use, peripheral and coronary balloons, drug-coated balloons, drug eluting balloons, drug releasing balloons; stents, balloon expandable stents, drug eluting stents; all the above goods not in the field of orthopaedics
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Vascular, cardiovascular and peripheral implants and devices; Medical devices, namely, vascular cardiovascular and peripheral implants and devices comprising artificial material; catheters, catheters for balloon dilatation, introducer sheaths and reinforced introducer sheaths for use in percutaneous vascular procedures, medical dilators, coronary and peripheral balloon catheters, catheters for percutaneous transluminal coronary angioplasty (PTCA catheters), catheters for percutaneous transluminal angioplasty (PTA catheters); Medical catheters, namely, catheters for balloon dilatation, introducer sheaths and reinforced introducer sheaths, including support catheters, for use in percutaneous vascular procedures, medical dilators, coronary and peripheral balloon catheters, catheters for percutaneous transluminal coronary angioplasty, namely, PTCA catheters, catheters for percutaneous transluminal angioplasty, namely, PTA catheters; balloons for medical use, peripheral and coronary balloons, drug-coated balloons, drug eluting balloons, drug releasing balloons; Medicinal balloons, namely, balloons for medical use, peripheral and coronary balloons, drug-coated balloons, drug eluting balloons, drug releasing balloons; stents, balloon expandable stents, drug eluting stents; all the above goods not in the field of orthopaedics; all the above goods not in the field of orthopedicsClass 010 for Medical devices, namely, vascular cardiovascular and peripheral implants and devices comprising artificial material; Medical catheters, namely, catheters for balloon dilatation, introducer sheaths and reinforced introducer sheaths, including support catheters, for use in percutaneous vascular procedures, medical dilators, coronary and peripheral balloon catheters, catheters for percutaneous transluminal coronary angioplasty, namely, PTCA catheters, catheters for percutaneous transluminal angioplasty, namely, PTA catheters; Medicinal balloons, namely, balloons for medical use, peripheral and coronary balloons, drug-coated balloons, drug eluting balloons, drug releasing balloons; stents, balloon expandable stents, drug eluting stents; all the above goods not in the field of orthopedics

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following:

Current:
Class 044 for Medical services, namely, services in the area of medical and surgical therapies, vascular therapies, cardiovascular and peripheral therapies; all the above services not relating to orthopaedics
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Medical services, namely, services in the area of medical and surgical therapies, vascular therapies, cardiovascular and peripheral therapies; all the above services not relating to orthopaedics; all the above services not relating to orthopedicsClass 044 for Medical services, namely, services in the area of medical and surgical therapies, vascular therapies, cardiovascular and peripheral therapies; all the above services not relating to orthopedics

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: BIOTRONIK AG      Email Address: XXXX

Proposed: BIOTRONIK AG,
      Email Address: XXXX
Correspondence Information (current):
      BRYAN H. OPALKO
      PRIMARY EMAIL FOR CORRESPONDENCE: bryan.opalko@bipc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): susan.hilburg@bipc.com; VickiCremonese@bipc.foundationip.com

The docket/reference number is 0055955-219.
Correspondence Information (proposed):
      BRYAN H. OPALKO
      PRIMARY EMAIL FOR CORRESPONDENCE: bryan.opalko@bipc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): susan.hilburg@bipc.com; VickiCremonese@bipc.foundationip.com

The docket/reference number is 0055955-219.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Bryan H. Opalko/     Date: 12/23/2020
Signatory's Name: BRYAN H. OPALKO
Signatory's Position: Attorney of Record, PA Bar Member

Signatory's Phone Number: 412-562-1893

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    BRYAN H. OPALKO
   Buchanan Ingersoll & Rooney PC
   
   501 Grant Street, Suite 200
   Pittsburgh, Pennsylvania 15219
Mailing Address:    BRYAN H. OPALKO
   Buchanan Ingersoll & Rooney PC
   501 Grant Street, Suite 200
   Pittsburgh, Pennsylvania 15219
        
Serial Number: 79285788
Internet Transmission Date: Wed Dec 23 14:08:54 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20201223140854725
149-79285788-750f05d95164c835da5c659be2a
33911f2345d0c0390853f9f714423d568cc11-N/
A-N/A-20201223140731195115


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