Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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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. 86021949 SYNCHRONY(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86021949) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The applicant is hereby deleting the goods "surgical implants comprising artificial material" and believes that this deletion should be sufficient to negate any remaining concern regarding likelihood of confusion with Reg. No. 2971323.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Audio processors and microprocessors for hearing implants

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Hearing prostheses; surgical implants comprising artificial material; hearing implants comprising artificial material
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: Audio processors and microprocessors for hearing implants; surgical implants comprising artificial material; Hearing prostheses; hearing implants comprising artificial materialClass 010 for Audio processors and microprocessors for hearing implants; Hearing prostheses; hearing implants comprising artificial material
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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: MED-EL Elektromedizinische Geräte Ges.m.b.H. a(n) private limited company, legally organized under the laws of AT, having an address of
      Fürstenweg 77a
      Innsbruck, A-6020
      Austria

Proposed: MED-EL Elektromedizinische Geräte Ges.m.b.H., a limited liability company legally organized under the laws of Austria, having an address of
      Fürstenweg 77a
      Innsbruck, A-6020
      Austria

SIGNATURE(S)
Response Signature
Signature: /Steven A Abreu/     Date: 03/06/2014
Signatory's Name: Steven A. Abreu
Signatory's Position: Attorney of record, MA bar member

Signatory's Phone Number: 6174439292

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.

        
Serial Number: 86021949
Internet Transmission Date: Thu Mar 06 12:46:17 EST 2014
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201403061246179848
90-86021949-500f7a9ed63fd336e66b6781ac5b
b7a5f2d73b2ee7d722ce58e797a20c88be1-N/A-
N/A-20140306123227482029