Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79311022 OLYMPUS (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/7931102 2/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Laboratory apparatus and instruments; measuring or testing apparatus and instruments; power distribution or control machines and apparatus; batteries and cells; electric or magnetic meters and testers; electric wires and cables; photographic apparatus and instruments; cinematographic apparatus and instruments; optical apparatus and instruments; eyeglasses and goggles; glass covered with an electrical conductor; ultraviolet ray-absorbing and transmitting glass (not for building); infrared ray-absorbing glass (not for building); optical glass; life saving apparatus and devices; telecommunication machines and apparatus; phonograph records; electronic machines, apparatus and their parts; ozonisers; electrolysers; satellites for scientific purposes; amusement machines and devices for use in amusement parks; slot machines; sports training simulators; vehicle drive training simulators; rotary converters; phase modifiers; electric flat irons; electric hair-curlers; electric buzzers; railway signals; vehicle breakdown warning triangles; luminous or mechanical road signs; fire alarms; gas alarms; gloves for protection against accidents; fire extinguishers; fire hydrants; fire hose nozzles; fire engines; fire boats; sprinkler systems for fire protection; anti-theft warning apparatus; protective helmets; fireproof garments; dust masks; gas masks; magnetic cores; cigar lighters for automobiles; resistance wires; electrodes; welding masks; exposed cinematographic films; exposed slide films; slide film mounts; recorded video discs and tapes; gasoline pumps for service stations; vending machines; coin-operated gates for car parking facilities; cash registers; slide-rules; coin counting or sorting machines; electric sign boards for displaying target figures, current outputs or the like; photocopying machines; manually operated computing apparatus; drawing or drafting machines and apparatus; time and date stamping machines; time recorders; electric computing machines; punched card office machines; voting machines; billing machines; postage stamp checking apparatus; weight belts, diving suits, air tanks and regulators for scuba diving; inflatable swimming floats; swimming flutter boards; diving machines and apparatus (not for sports); electric arc welding machines; consumer video games; game software downloadable from computer networks; metal cutting apparatus by arc, gas or plasma; egg-candlers; electric welding apparatus; electric door openers; metronomes
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: Laboratory apparatus and instruments; Laboratory apparatus and instruments, namely, incubation monitoring devices, cultured cell observing devices; measuring or testing apparatus and instruments; Measuring and testing apparatus and instruments, namely automated cell counters, thickness gauges; power distribution or control machines and apparatus; Batteries and electrical cells; batteries and cells; Electric or magnetic meters and testers, namely ultrasonic thickness testers and hardness testers, for non-medical use; electric or magnetic meters and testers; Optical apparatus and instruments, namely binoculars, observing optical heads for microscopes, microscopes, lenses for microscopes, prisms for microscopes, microscope lamps, reflectors for microscopes, body-tubes for microscopes being lens barrels, microscope illumination devices, stands for use with operating microscopes, containers for microscope slides, spectroscopes, cameras, endoscopy cameras for industrial purposes, endoscopes for industrial purposes, fiberscopes, other than for medical use, light sources for industrial purposes for use with an optical apparatus, optical sensors for capturing images, optical sensors for capturing images for medical and clinical use, transducers that utilize ultrasonic oscillations for testing equipment, products and systems in connection with flaw detection, thickness gauging, materials research, video monitors used for endoscopes, light sources for endoscopes, video processors for endoscopes; electric wires and cables; Electronic machines, apparatus and their parts, namely microscopes, electron microscopes, scanning electron microscopes, optical scanners being data processing equipment, nondestructive testing instruments for inspecting the structural soundness of composite industrial materials, X-ray diffraction analyzers, X-ray fluorescence analyzers, industrial X-ray apparatus not for medical purposes, ultrasonic flaw detectors, ultrasonic phased array detectors, eddy current flaw detectors, scanners, probes for scientific purposes, nondestructive testing instruments for inspecting the structural soundness of composite industrial materials and corresponding software for the function of these devices, IC recorders, cameras, digital cameras, interchangeable lenses, extension and conversion lenses, lens filters, lens hoods, lens caps, lens support arms, electronic flashes, flash brackets, batteries and electrical cells, battery chargers, alternating current adapters, power battery holders, remote controls for cameras, focusing screens, mount adapters, eyecups, hoods for liquid crystal displays of cameras, memory cards, adapters for memory cards; photographic apparatus and instruments; cinematographic apparatus and instruments; optical apparatus and instruments; eyeglasses and goggles; glass covered with an electrical conductor; ultraviolet ray-absorbing and transmitting glass (not for building); infrared ray-absorbing glass (not for building); optical glass; life saving apparatus and devices; telecommunication machines and apparatus; phonograph records; electronic machines, apparatus and their parts; ozonisers; electrolysers; satellites for scientific purposes; amusement machines and devices for use in amusement parks; slot machines; sports training simulators; vehicle drive training simulators; rotary converters; phase modifiers; electric flat irons; electric hair-curlers; electric buzzers; railway signals; vehicle breakdown warning triangles; luminous or mechanical road signs; fire alarms; gas alarms; gloves for protection against accidents; fire extinguishers; fire hydrants; fire hose nozzles; fire engines; fire boats; sprinkler systems for fire protection; anti-theft warning apparatus; protective helmets; fireproof garments; dust masks; gas masks; magnetic cores; cigar lighters for automobiles; resistance wires; electrodes; welding masks; exposed cinematographic films; exposed slide films; slide film mounts; recorded video discs and tapes; gasoline pumps for service stations; vending machines; coin-operated gates for car parking facilities; cash registers; slide-rules; coin counting or sorting machines; electric sign boards for displaying target figures, current outputs or the like; photocopying machines; manually operated computing apparatus; drawing or drafting machines and apparatus; time and date stamping machines; time recorders; electric computing machines; punched card office machines; voting machines; billing machines; postage stamp checking apparatus; weight belts, diving suits, air tanks and regulators for scuba diving; inflatable swimming floats; swimming flutter boards; diving machines and apparatus (not for sports); electric arc welding machines; consumer video games; game software downloadable from computer networks; metal cutting apparatus by arc, gas or plasma; egg-candlers; electric welding apparatus; electric door openers; metronomesClass 009 for Laboratory apparatus and instruments, namely, incubation monitoring devices, cultured cell observing devices; Measuring and testing apparatus and instruments, namely automated cell counters, thickness gauges; Batteries and electrical cells; Electric or magnetic meters and testers, namely ultrasonic thickness testers and hardness testers, for non-medical use; Optical apparatus and instruments, namely binoculars, observing optical heads for microscopes, microscopes, lenses for microscopes, prisms for microscopes, microscope lamps, reflectors for microscopes, body-tubes for microscopes being lens barrels, microscope illumination devices, stands for use with operating microscopes, containers for microscope slides, spectroscopes, cameras, endoscopy cameras for industrial purposes, endoscopes for industrial purposes, fiberscopes, other than for medical use, light sources for industrial purposes for use with an optical apparatus, optical sensors for capturing images, optical sensors for capturing images for medical and clinical use, transducers that utilize ultrasonic oscillations for testing equipment, products and systems in connection with flaw detection, thickness gauging, materials research, video monitors used for endoscopes, light sources for endoscopes, video processors for endoscopes; Electronic machines, apparatus and their parts, namely microscopes, electron microscopes, scanning electron microscopes, optical scanners being data processing equipment, nondestructive testing instruments for inspecting the structural soundness of composite industrial materials, X-ray diffraction analyzers, X-ray fluorescence analyzers, industrial X-ray apparatus not for medical purposes, ultrasonic flaw detectors, ultrasonic phased array detectors, eddy current flaw detectors, scanners, probes for scientific purposes, nondestructive testing instruments for inspecting the structural soundness of composite industrial materials and corresponding software for the function of these devices, IC recorders, cameras, digital cameras, interchangeable lenses, extension and conversion lenses, lens filters, lens hoods, lens caps, lens support arms, electronic flashes, flash brackets, batteries and electrical cells, battery chargers, alternating current adapters, power battery holders, remote controls for cameras, focusing screens, mount adapters, eyecups, hoods for liquid crystal displays of cameras, memory cards, adapters for memory cards

Webpage URL: None Provided
Webpage Date of Access: None Provided


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 010 for Medical apparatus and instruments, namely, diagnostic apparatus and instruments, surgical apparatus and instruments, therapeutic apparatus and instruments, hospital supportive equipment, dental apparatus and instruments, veterinary apparatus and instruments, auxiliary medical devices and orthodontic apparatus, medical X-ray apparatus; ice bag pillows for medical purposes; triangular bandages; supportive bandages; surgical catguts; feeding cups for medical purposes; dropping pipettes for medical purposes; teats; medical ice bags; medical ice bag holders; baby bottles; vacuum bottles for nursing; finger guards for medical purposes; contraceptive devices; artificial tympanic membranes; prosthetic or filling materials (not for dental use); ear plugs; gloves for medical purposes; electric massage apparatus for home or personal use; urinals for medical purposes; bed pans; ear picks
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 apparatus and instruments, namely, diagnostic apparatus and instruments, surgical apparatus and instruments, therapeutic apparatus and instruments, hospital supportive equipment, dental apparatus and instruments, veterinary apparatus and instruments, auxiliary medical devices and orthodontic apparatus, medical X-ray apparatus; Medical apparatus and instruments, namely, diagnostic apparatus and instruments for the detection of cancers and precancerous lesions, diagnostic apparatus and instruments for the detection of cancers and precancerous lesions by using ultrasound, diagnostic apparatus and instruments for use in endoscopy procedures; ice bag pillows for medical purposes; Medical apparatus and instruments, namely, diagnostic apparatus and instruments in the nature of video monitors specially adapted for use in medical and surgical endoscopes, light sources specially adapted for medical endoscope, video processors specially adapted for medical endoscopes and corresponding software for the use, function and integration of these devices; triangular bandages; Surgical apparatus and instruments; supportive bandages; Medical apparatus and instruments in the nature of therapeutic apparatus and instruments, namely, therapeutic endoscopes, therapeutic apparatus and instruments for use with medical and surgical endoscopes, namely, biopsy forceps, medical guidewires, wire snares, grasping forceps, injection needles, hemostatic forceps, clips, hemostatic clips, cannulas, and insufflators, therapeutic apparatus and instruments used to seal, cut, ablate, transect, coagulate, dissect, vaporize, resect, mobilize or grasp tissue during open, laparoscopic, or endoscopic surgery, therapeutic apparatus and instruments, namely, power control units, generators, mist evacuation units, smoke evacuation units specially adapted for use with surgical ultrasonic energy devices used to seal, cut, ablate, transect, coagulate, dissect, vaporize, resect, mobilize or grasp tissue during open, laparoscopic, or endoscopic surgery, therapeutic apparatus and instruments, namely, ultrasonic energy devices and surgical knives and/or scissors that incise and coagulate by using ultrasonic technology and bipolar technology, therapeutic apparatus and instruments, namely, manipulation system comprising flexible arms, knobs, levers, and buttons, for use in endoscopic therapy in the nature of endoscopic equipment for medical purposes; surgical catguts; Hospital supportive equipment, namely, endoscope position detecting apparatus and instruments, and software application for an operating room integration system that enables streaming video from the operating room to a remote server that provides the ability to display, route, capture and archive digital high definition (HD) video; feeding cups for medical purposes; Veterinary apparatus and instruments, namely, surgical apparatus and instruments for veterinary use; dropping pipettes for medical purposes; Medical X-ray apparatus; teats; Prosthetic and filling materials not for dental use, namely, bone void fillers composed of artificial materials for use in the replacement of bones; medical ice bags; medical ice bag holders; baby bottles; vacuum bottles for nursing; finger guards for medical purposes; contraceptive devices; artificial tympanic membranes; prosthetic or filling materials (not for dental use); ear plugs; gloves for medical purposes; electric massage apparatus for home or personal use; urinals for medical purposes; bed pans; ear picksClass 010 for Medical apparatus and instruments, namely, diagnostic apparatus and instruments for the detection of cancers and precancerous lesions, diagnostic apparatus and instruments for the detection of cancers and precancerous lesions by using ultrasound, diagnostic apparatus and instruments for use in endoscopy procedures; Medical apparatus and instruments, namely, diagnostic apparatus and instruments in the nature of video monitors specially adapted for use in medical and surgical endoscopes, light sources specially adapted for medical endoscope, video processors specially adapted for medical endoscopes and corresponding software for the use, function and integration of these devices; Surgical apparatus and instruments; Medical apparatus and instruments in the nature of therapeutic apparatus and instruments, namely, therapeutic endoscopes, therapeutic apparatus and instruments for use with medical and surgical endoscopes, namely, biopsy forceps, medical guidewires, wire snares, grasping forceps, injection needles, hemostatic forceps, clips, hemostatic clips, cannulas, and insufflators, therapeutic apparatus and instruments used to seal, cut, ablate, transect, coagulate, dissect, vaporize, resect, mobilize or grasp tissue during open, laparoscopic, or endoscopic surgery, therapeutic apparatus and instruments, namely, power control units, generators, mist evacuation units, smoke evacuation units specially adapted for use with surgical ultrasonic energy devices used to seal, cut, ablate, transect, coagulate, dissect, vaporize, resect, mobilize or grasp tissue during open, laparoscopic, or endoscopic surgery, therapeutic apparatus and instruments, namely, ultrasonic energy devices and surgical knives and/or scissors that incise and coagulate by using ultrasonic technology and bipolar technology, therapeutic apparatus and instruments, namely, manipulation system comprising flexible arms, knobs, levers, and buttons, for use in endoscopic therapy in the nature of endoscopic equipment for medical purposes; Hospital supportive equipment, namely, endoscope position detecting apparatus and instruments, and software application for an operating room integration system that enables streaming video from the operating room to a remote server that provides the ability to display, route, capture and archive digital high definition (HD) video; Veterinary apparatus and instruments, namely, surgical apparatus and instruments for veterinary use; Medical X-ray apparatus; Prosthetic and filling materials not for dental use, namely, bone void fillers composed of artificial materials for use in the replacement of bones

Webpage URL: None Provided
Webpage Date of Access: None Provided


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: Olympus Corporation a(n)       Email Address: XXXX

Proposed: Olympus Corporation, a corporation of Japan
      Email Address: XXXX

ADDITIONAL STATEMENTS
Color Claim
The color(s) blue and yellow is/are claimed as a feature of the mark.

Description of mark
The mark consists of the word OLYMPUS in blue above a yellow line which is tapered at both ends.

Miscellaneous Statement
Should Examining Attorney believe that additional information or clarification is desirable, Examining Attorney is invited to contact Applicant's corresponding attorney by email or telephone to help expedite the process.


The owner's/holder's current attorney information: Rebecca Chen. Rebecca Chen of Kenja IP Law, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 598
      4 North Second Street
      San Jose, California 95113
      United States
The docket/reference number is 21T0241.
      The phone number is 650-561-4758.
      The fax number is 650-847-1251.
      The email address is TM@kenjaip.com
Correspondence Information (current):
      Rebecca Chen
      PRIMARY EMAIL FOR CORRESPONDENCE: TM@kenjaip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): r.chen@kenjaip.com

The docket/reference number is 21T0241.
Correspondence Information (proposed):
      Rebecca Chen
      PRIMARY EMAIL FOR CORRESPONDENCE: TM@kenjaip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): r.chen@kenjaip.com

The docket/reference number is 21T0241.

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: /Rebecca Chen/     Date: 01/17/2022
Signatory's Name: Rebecca Chen
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 650-561-4758 x102 Signature method: Signed directly within the form

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:    Rebecca Chen
   Kenja IP Law, PC
   Suite 598
   4 North Second Street
   San Jose, California 95113
Mailing Address:    Rebecca Chen
   Kenja IP Law, PC
   Suite 598
   4 North Second Street
   San Jose, California 95113
        
Serial Number: 79311022
Internet Transmission Date: Mon Jan 17 20:07:24 ET 2022
TEAS Stamp: USPTO/ROA-XX.XX.X.XXX-202201172007244343
14-79311022-80013f05eeb1d6469d59079d9e07
57daea7a3853cc40de847247b01eb89eb6a55d-N
/A-N/A-20220117193358567425