| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form No Form Number (Rev 01/2012) |
| OMB No. 0651-0054 (Exp 10/31/2017) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 86575628 |
| MARK SECTION | |
| MARK | http://tmng-al.gov.uspto.report/resting2/api/img/86575628/large |
| LITERAL ELEMENT | AQUILA |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| FORM TEXT | |
|
This paper is timely filed in response to the Notice of Incomplete Extension Request mailed on May 2, 2016. The Notice states that the request for extension of time to file a statement of use filed on March 25, 2016 is deficient because the filer’s name differs from the current owner name.
The present trademark application was filed on March 25, 2015. At the time of filing, the owner was listed as "Anodyne Medical" having an address at 4200 NW 120th Avenue, Coral Springs, Florida 33065. However, at all times during the pendency of this application, the correct full legal name of the company has been Anodyne Medical Device, Inc. No change of entity has occurred. At all times during the pendency of this application, "Anodyne Medical" and "Anodyne Medical Device, Inc." have always been the same entity. Thus, when the Extension Request of March 25, 2016 was filed in the present application, Applicant sought to update the owner name to reflect the correct full legal name of Anodyne Medical Device, Inc. The address of Anodyne Medical Device, Inc. is 4200 NW 120th Avenue, Coral Springs, Florida 33065, the same address that was originally used with Anodyne Medical.
TMEP 1201.02(c) provides for correcting errors in how the applicant is identified. If the party applying to register the mark is, in fact, the owner of the mark, but there is a mistake in the manner in which the name of the applicant is set out in the application, the mistake may be corrected by amendment. U.S. Pioneer Elec. Corp. v. Evans Mktg., Inc., 183 USPQ 613 (Comm’r Pats. 1974).
Here, the filer of the extension request was the true owner of the present application at the time the extension request was filed. If needed, a declaration from a corporate representative of Anodyne Medical Device, Inc., explaining that Anodyne Medical Device, Inc. and Anodyne Medical are the same entity with respect to this application can be submitted.
In view of the above, the party who filed the extension request (Anodyne Medical Device, Inc.) was the owner of the mark at the time the extension request was filed. Therefore, it is respectfully submitted that the extension request was proper and should be accepted by the USPTO. A notice to that effect is respectfully requested, along with an updating of USPTO records to reflect the owner as Anodyne Medical Device, Inc. |
|
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. |
| SUBMISSION SIGNATURE | /MARK M. ZYLKA/ |
| SIGNATORY'S NAME | Mark M. Zylka |
| SIGNATORY'S POSITION | Attorney of record, Michigan bar member |
| SIGNATORY'S PHONE NUMBER | 2488645964 |
| DATE SIGNED | 06/01/2016 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Jun 01 20:33:31 EDT 2016 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XX- 20160601203331741809-8657 5628-20160601202942311365 -N/A-N/A-2016060120294231 1365 |
| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form No Form Number (Rev 01/2012) |
| OMB No. 0651-0054 (Exp 10/31/2017) |
This paper is timely filed in response to the Notice of Incomplete Extension Request mailed on May 2, 2016. The Notice states that the request for extension of time to file a statement of use filed on March 25, 2016 is deficient because the filer’s name differs from the current owner name.
The present trademark application was filed on March 25, 2015. At the time of filing, the owner was listed as "Anodyne Medical" having an address at 4200 NW 120th Avenue, Coral Springs, Florida 33065. However, at all times during the pendency of this application, the correct full legal name of the company has been Anodyne Medical Device, Inc. No change of entity has occurred. At all times during the pendency of this application, "Anodyne Medical" and "Anodyne Medical Device, Inc." have always been the same entity. Thus, when the Extension Request of March 25, 2016 was filed in the present application, Applicant sought to update the owner name to reflect the correct full legal name of Anodyne Medical Device, Inc. The address of Anodyne Medical Device, Inc. is 4200 NW 120th Avenue, Coral Springs, Florida 33065, the same address that was originally used with Anodyne Medical.
TMEP 1201.02(c) provides for correcting errors in how the applicant is identified. If the party applying to register the mark is, in fact, the owner of the mark, but there is a mistake in the manner in which the name of the applicant is set out in the application, the mistake may be corrected by amendment. U.S. Pioneer Elec. Corp. v. Evans Mktg., Inc., 183 USPQ 613 (Comm’r Pats. 1974).
Here, the filer of the extension request was the true owner of the present application at the time the extension request was filed. If needed, a declaration from a corporate representative of Anodyne Medical Device, Inc., explaining that Anodyne Medical Device, Inc. and Anodyne Medical are the same entity with respect to this application can be submitted.
In view of the above, the party who filed the extension request (Anodyne Medical Device, Inc.) was the owner of the mark at the time the extension request was filed. Therefore, it is respectfully submitted that the extension request was proper and should be accepted by the USPTO. A notice to that effect is respectfully requested, along with an updating of USPTO records to reflect the owner as Anodyne Medical Device, Inc.