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 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER86668636
LAW OFFICE ASSIGNEDLAW OFFICE 106
MARK SECTION
MARK http://tmng-al.uspto.gov/resting2/api/img/86668636/large
LITERAL ELEMENT RAINBOW SET
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.
ARGUMENT(S)
Please see the actual argument attached within the evidence section in pdf form.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILEevi_1732271968-20160324133605623351_._Office_Action_Response_-_MASIMOT.652T.pdf
       CONVERTED PDF FILE(S)
       (2 pages) 		\\TICRS\EXPORT16\IMAGEOUT16\866\686\86668636\xml6\ROA0002.JPG
       \\TICRS\EXPORT16\IMAGEOUT16\866\686\86668636\xml6\ROA0003.JPG
       ORIGINAL PDF FILEevi_1732271968-20160324133605623351_._Exhibit_A.pdf
       CONVERTED PDF FILE(S)
       (2 pages) 		\\TICRS\EXPORT16\IMAGEOUT16\866\686\86668636\xml6\ROA0004.JPG
       \\TICRS\EXPORT16\IMAGEOUT16\866\686\86668636\xml6\ROA0005.JPG
       ORIGINAL PDF FILEevi_1732271968-20160324133605623351_._Exhibit_B.pdf
       CONVERTED PDF FILE(S)
       (7 pages) 		\\TICRS\EXPORT16\IMAGEOUT16\866\686\86668636\xml6\ROA0006.JPG
       \\TICRS\EXPORT16\IMAGEOUT16\866\686\86668636\xml6\ROA0007.JPG
       \\TICRS\EXPORT16\IMAGEOUT16\866\686\86668636\xml6\ROA0008.JPG
       \\TICRS\EXPORT16\IMAGEOUT16\866\686\86668636\xml6\ROA0009.JPG
       \\TICRS\EXPORT16\IMAGEOUT16\866\686\86668636\xml6\ROA0010.JPG
       \\TICRS\EXPORT16\IMAGEOUT16\866\686\86668636\xml6\ROA0011.JPG
       \\TICRS\EXPORT16\IMAGEOUT16\866\686\86668636\xml6\ROA0012.JPG
DESCRIPTION OF EVIDENCE FILEArgument and Exhibits A-B
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS010
DESCRIPTION
Medical devices, including, patient monitors and patient sensors
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS010
TRACKED TEXT DESCRIPTION
Medical devices, including, patient monitors and patient sensors; Medical devices, namely, patient monitors and patient sensors for monitoring and measuring blood properties, tissue properties, pulse rate, brain function or respiratory properties
FINAL DESCRIPTION
Medical devices, namely, patient monitors and patient sensors for monitoring and measuring blood properties, tissue properties, pulse rate, brain function or respiratory properties
FILING BASISSection 1(b)
SIGNATURE SECTION
RESPONSE SIGNATURE /Jessica C. Sganga/
SIGNATORY'S NAME Jessica C. Sganga
SIGNATORY'S POSITION Attorney of record, California bar member
SIGNATORY'S PHONE NUMBER 949-760-0404
DATE SIGNED 03/24/2016
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Mar 24 14:45:47 EDT 2016
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XX-2
0160324144547508536-86668
636-550a19f2bff89ccb27e62
fc9318cd986ada408c32e1927
eba4f6519268afb135f7-N/A-
N/A-20160324133605623351


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 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86668636 RAINBOW SET(Standard Characters, see http://tmng-al.uspto.gov/resting2/api/img/86668636/large) has been amended as follows:

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

Please see the actual argument attached within the evidence section in pdf form.

EVIDENCE
Evidence in the nature of Argument and Exhibits A-B has been attached.
Original PDF file:
evi_1732271968-20160324133605623351_._Office_Action_Response_-_MASIMOT.652T.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1732271968-20160324133605623351_._Exhibit_A.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1732271968-20160324133605623351_._Exhibit_B.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical devices, including, patient monitors and patient sensors
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 devices, including, patient monitors and patient sensors; Medical devices, namely, patient monitors and patient sensors for monitoring and measuring blood properties, tissue properties, pulse rate, brain function or respiratory properties

Class 010 for Medical devices, namely, patient monitors and patient sensors for monitoring and measuring blood properties, tissue properties, pulse rate, brain function or respiratory properties
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.

SIGNATURE(S)
Response Signature
Signature: /Jessica C. Sganga/     Date: 03/24/2016
Signatory's Name: Jessica C. Sganga
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 949-760-0404

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: 86668636
Internet Transmission Date: Thu Mar 24 14:45:47 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2016032414454750
8536-86668636-550a19f2bff89ccb27e62fc931
8cd986ada408c32e1927eba4f6519268afb135f7
-N/A-N/A-20160324133605623351