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. 86504149 CENTRIC MEDICAL(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86504149/large) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of A Consent To Register agreement and arguments regarding the Section 2(d) refusal to register has been attached.
Original PDF file:
evi_67236190152-20150915153647978758_._CM002-Evidence-for-OA.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_67236190152-20150915153647978758_._CENTRIC-MEDICAL-Consent-To-Register-signed-9.2.15.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical device equipment, namely, orthopedic implants, orthopedic instruments and surgical instruments
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: Medical device equipment, namely, orthopedic implants, orthopedic instruments and surgical instruments; Medical device equipment, namely, orthopedic implants consisting of artificial materials, orthopedic implants comprising natural, non-living materials, orthopedic instruments and surgical instrumentsClass 010 for Medical device equipment, namely, orthopedic implants consisting of artificial materials, orthopedic implants comprising natural, non-living materials, orthopedic instruments and surgical instruments
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
Disclaimer
No claim is made to the exclusive right to use MEDICAL apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Bruce J Bowman/     Date: 09/15/2015
Signatory's Name: Bruce J. Bowman
Signatory's Position: Attorney of record, Indiana bar member

Signatory's Phone Number: 317 571-9301

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 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86504149
Internet Transmission Date: Tue Sep 15 16:10:25 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201509151610253
07182-86504149-540a02ac95231ac9ab0683576
bd7ba8bcdb941976d75251f7d95b86f04feba1ad
d1-N/A-N/A-20150915153647978758