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. 86378831 SYNCHRONY(Standard Characters, see http://uspto.report/TM/86378831/mark.png) has been amended as follows:

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

Applicant's arguments appear in the evidence section of this form.

EVIDENCE
Evidence in the nature of Applicant's arguments and an example of use of the Cited Mark, namely a user's manual. has been attached.
Original PDF file:
evi_63174913-20150603185257589312_._SYNCHRONY_OAR__1_-_Final_PDF.PDF
Converted PDF file(s) ( 7 pages)
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Original PDF file:
evi_63174913-20150603185257589312_._SYNCHRONY_OAR_Ex._A_-_User_Guide_BiPAP_Synchrony.PDF
Converted PDF file(s) ( 62 pages)
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CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for interactive video game system comprised of computer hardware and software for playing exercise games for the treatment of dysphagia and swallowing disorders

Applicant hereby deletes the following class of goods/services from the application.
Class 010 for therapeutic equipment for the treatment of dysphagia and swallowing disorders

Applicant hereby adds the following class of goods/services to the application:
New: Class 028 (Original Class: 009 ) for interactive video game system comprised of computer hardware and software for playing exercise games for the treatment of dysphagia and swallowing disorders, provided as a unit.
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
Miscellaneous Statement
The Examiner has requested the following information: 1. Is SYNCHRONY a diagnosis in the field of dysphagia and swallowing disorders? 2. Is SYNCHRONY a type or form of treatment in the field of dysphagia and swallowing disorders? 3. Is SYNCHRONY a symptom of dysphagia and swallowing disorders? 4. Do applicant's goods and service function to aid in SYNCHRONY? 5. Does the applicant engage in "synchrony clinics" or "synchrony training"? Applicant's response to all of these inquiries is no.


SIGNATURE(S)
Response Signature
Signature: /laila s. wolfgram/     Date: 06/03/2015
Signatory's Name: Laila S. Wolfgram
Signatory's Position: Attorney for Applicant, Missouri Bar Member

Signatory's Phone Number: 314-863-0800

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: 86378831
Internet Transmission Date: Wed Jun 03 19:10:57 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201506031910573838
50-86378831-53031e185e9a2a46e3ef7e75741a
0ed9cc2bf62e0eb77122be36aa1b41fefcbb-N/A
-N/A-20150603185257589312