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 NUMBER |
86909326 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
MARK SECTION |
MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/86909326/large |
LITERAL ELEMENT |
NEUROTAB |
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. |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Pulse generators for neurostimulation; touchscreen monitors; touchscreen monitors for use in connection with medical device |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Pulse generators for neurostimulation; Touchscreen monitors; touchscreen monitors for use in connection with medical device |
FINAL DESCRIPTION |
Touchscreen monitors; touchscreen monitors for use in connection with medical device |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Medical devices, namely, a neuromuscular surface stimulator for use in connection with stimulation of the surface muscle and nerves;
electrodes for medical use; medical devices, namely, myoelectric signal sensor; medical devices, namely, biofeedback sensor, processor and recorder |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Medical devices, namely, a neuromuscular surface stimulator for use in connection with stimulation of the surface
muscle and nerves; electrodes for medical use; medical devices, namely, myoelectric signal sensor; medical devices,
namely, biofeedback sensor, processor and recorder; medical devices, namely pulse generators for neurostimulation |
FINAL DESCRIPTION |
Medical devices, namely, a neuromuscular surface stimulator for use in connection with stimulation of the surface muscle and nerves;
electrodes for medical use; medical devices, namely, myoelectric signal sensor; medical devices, namely, biofeedback sensor, processor and recorder; medical devices, namely pulse generators for
neurostimulation |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
SIGNIFICANCE OF MARK |
NEUROTAB appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with
the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) NEUROTAB has no meaning in a foreign language. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Wolfgang Fischler/ |
SIGNATORY'S NAME |
Wolfgang Fischler |
SIGNATORY'S POSITION |
Head of Strategic Cooperations & IP |
SIGNATORY'S PHONE NUMBER |
N/A |
DATE SIGNED |
09/12/2016 |
RESPONSE SIGNATURE |
/kerry l. timbers/ |
SIGNATORY'S NAME |
Kerry L. Timbers |
SIGNATORY'S POSITION |
Attorney of record, MA bar member |
SIGNATORY'S PHONE NUMBER |
617-443-9292 |
DATE SIGNED |
09/12/2016 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Sep 12 09:32:53 EDT 2016 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XX-201
60912093253360493-8690932
6-550162a3d629e8d59b8d2be
6e944d7cad614d1f3d3dbec91
61bd677053df6ac5-N/A-N/A-
20160909115015864031 |
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.
86909326 NEUROTAB(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86909326/large) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Pulse generators for neurostimulation; touchscreen monitors; touchscreen monitors for use in connection with medical device
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: Pulse generators for neurostimulation;
Touchscreen monitors;
touchscreen monitors for
use in connection with medical deviceClass 009 for Touchscreen monitors; touchscreen monitors for use in connection with medical device
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 proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical devices, namely, a neuromuscular surface stimulator for use in connection with stimulation of the surface muscle and nerves; electrodes for medical use; medical
devices, namely, myoelectric signal sensor; medical devices, namely, biofeedback sensor, processor and recorder
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, namely, a neuromuscular surface stimulator for use in connection with stimulation of the surface muscle and nerves;
electrodes for medical use;
medical devices, namely, myoelectric signal sensor;
medical devices, namely, biofeedback sensor,
processor and recorder;
medical devices, namely pulse generators for neurostimulationClass 010 for Medical devices, namely, a neuromuscular surface
stimulator for use in connection with stimulation of the surface muscle and nerves; electrodes for medical use; medical devices, namely, myoelectric signal sensor; medical devices, namely,
biofeedback sensor, processor and recorder; medical devices, namely pulse generators for neurostimulation
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
Significance of wording, letter(s), or numeral(s)
NEUROTAB appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed
in the application, or any geographical significance. The word(s) NEUROTAB has no meaning in a foreign language.
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /Wolfgang Fischler/ Date: 09/12/2016
Signatory's Name: Wolfgang Fischler
Signatory's Position: Head of Strategic Cooperations & IP
Signatory's Phone Number: N/A
Response Signature
Signature: /kerry l. timbers/ Date: 09/12/2016
Signatory's Name: Kerry L. Timbers
Signatory's Position: Attorney of record, MA bar member
Signatory's Phone Number: 617-443-9292
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: 86909326
Internet Transmission Date: Mon Sep 12 09:32:53 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201609120932533604
93-86909326-550162a3d629e8d59b8d2be6e944
d7cad614d1f3d3dbec9161bd677053df6ac5-N/A
-N/A-20160909115015864031