PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85855079 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION |
MARK FILE NAME |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85855079 |
LITERAL ELEMENT |
DARIO |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a circle with a line underneath the circle, with the word DARIO written underneath. |
GOODS AND/OR SERVICES SECTION (010)(current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Blood glucose meters; blood glucose monitoring system with blood glucose meters, glucose test strips and lancets; disposable test
strips for use in conjunction with blood glucose meters |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Blood glucose meters; blood glucose monitoring system with blood glucose meters, glucose
test strips and lancets; disposable test strips for use in conjunction with blood glucose meters |
FINAL DESCRIPTION |
Blood glucose meters; blood glucose monitoring system with blood glucose meters, glucose test strips and lancets |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (005)(class added) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Disposable test strips for use in conjunction with blood glucose meters. |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
COLOR(S) CLAIMED
(If applicable) |
The color(s) orange is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of The color orange is claimed as a feature of the mark. The mark consists of a circle with a line underneath the circle in
the color orange, with the word DARIO written underneath. The color black is not claimed as a feature of the mark. |
MISCELLANEOUS STATEMENT |
As part of the Office Action, the Examining Attorney has asked for additional information from Applicant, to which Applicant responds. The
design element of Applicant's mark does not have any significance as applied to the goods other than trademark significance. The design element of Applicant's mark does not have any significance in
the relevant trade or industry other than trademark significance. Finally, the design element is not a symbol other than as it functions as a trademark. Accordingly there is no name of this "symbol"
and the "symbol" has no meaning. |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
FEE PER CLASS |
325 |
TOTAL FEES DUE |
325 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/William W. Stroever/ |
SIGNATORY'S NAME |
William W. Stroever |
SIGNATORY'S POSITION |
Attorney of record, NJ bar member |
SIGNATORY'S PHONE NUMBER |
973-443-3524 |
DATE SIGNED |
06/06/2013 |
RESPONSE SIGNATURE |
/William W. Stroever/ |
SIGNATORY'S NAME |
William W. Stroever |
SIGNATORY'S POSITION |
Attorney of record, NJ bar member |
SIGNATORY'S PHONE NUMBER |
973-443-3524 |
DATE SIGNED |
06/06/2013 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jun 06 15:43:27 EDT 2013 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
130606154327581024-858550
79-500888b476b1887c9c461e
3ab0e1bc1410c15afbcdb91d3
12a9304db0f72532-DA-2416-
20130606142426968552 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
85855079 DARIO (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85855079) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Blood glucose meters; blood glucose monitoring system with blood glucose meters, glucose test strips and lancets; disposable test strips for use in conjunction with
blood glucose meters
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Blood glucose meters;
blood glucose monitoring system with blood glucose meters, glucose test strips and lancets;
disposable test strips for use in conjunction with blood glucose metersClass 010 for Blood glucose meters; blood glucose monitoring system with blood glucose
meters, glucose test strips and lancets
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Applicant hereby adds the following class of goods/services to the application:
New: Class 005 for Disposable test strips for use in conjunction with blood glucose meters.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
ADDITIONAL STATEMENTS
Color Claim
The color(s) orange is/are claimed as a feature of the mark.
Description of mark
The mark consists of The color orange is claimed as a feature of the mark. The mark consists of a circle with a line underneath the circle in the color orange, with the word DARIO written underneath.
The color black is not claimed as a feature of the mark.
Miscellaneous Statement
As part of the Office Action, the Examining Attorney has asked for additional information from Applicant, to which Applicant responds. The design element of Applicant's mark does not have any
significance as applied to the goods other than trademark significance. The design element of Applicant's mark does not have any significance in the relevant trade or industry other than trademark
significance. Finally, the design element is not a symbol other than as it functions as a trademark. Accordingly there is no name of this "symbol" and the "symbol" has no meaning.
FEE(S)
Fee(s) in the amount of $325 is being submitted.
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company
or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and
2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is
seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing
date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37
C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such
willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the
applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes
applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either
in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake,
or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and
all statements in the original application and this submission made on information and belief are believed to be true.
Signature: /William W. Stroever/ Date: 06/06/2013
Signatory's Name: William W. Stroever
Signatory's Position: Attorney of record, NJ bar member
Signatory's Phone Number: 973-443-3524
Response Signature
Signature: /William W. Stroever/ Date: 06/06/2013
Signatory's Name: William W. Stroever
Signatory's Position: Attorney of record, NJ bar member
Signatory's Phone Number: 973-443-3524
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
RAM Sale Number: 85855079
RAM Accounting Date: 06/07/2013
Serial Number: 85855079
Internet Transmission Date: Thu Jun 06 15:43:27 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20130606154327581
024-85855079-500888b476b1887c9c461e3ab0e
1bc1410c15afbcdb91d312a9304db0f72532-DA-
2416-20130606142426968552