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 |
87389879 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK |
http://uspto.report/TM/87389879/mark.png |
LITERAL ELEMENT |
FLASH REGISTRATION |
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 |
Computer software for use in image guided surgery applications; computer software for use in planning and tracking the position of a
patient and medical devices and apparatus during image guided surgery; computer software for displaying video images for image guided surgical procedures; computer software for medical purposes,
namely, for neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted applications, and for three-dimensionally
registering and referencing patient location data |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1,829,745 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
03/28/2017 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Computer software for use in image guided surgery applications; Computer software for use in image guided surgery; computer software for use in planning and tracking the position of a patient and medical devices and
apparatus during image guided surgery; computer software for use in planning and tracking the position of a patient and for use in tracking the position of
medical devices and apparatuses during image guided surgery; computer software for displaying video images for image guided surgical procedures; computer software for medical purposes, namely, for neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and
robot-assisted applications, and for three-dimensionally registering and referencing patient location data; computer software for medical purposes, namely, for
neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted surgical, diagnostic and imaging applications, and for
three-dimensionally registering and referencing patient location data |
FINAL DESCRIPTION |
Computer software for use in image guided surgery; computer software for use in planning and tracking the position of a patient and for
use in tracking the position of medical devices and apparatuses during image guided surgery; computer software for displaying video images for image guided surgical procedures; computer software for
medical purposes, namely, for neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted surgical, diagnostic and imaging
applications, and for three-dimensionally registering and referencing patient location data |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1,829,745 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
03/28/2017 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (010)(current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Electro-medical apparatuses, namely, computers and display devices, calibration devices and replacement parts therefor, for medical
purposes, namely, for neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted applications; medical navigation systems
for use in locating and tracking the position of a patient and of instruments during image guided surgery, namely, high resolution computers, cameras, monitors, docking stations, headsets, probes,
sensors, instrument adaptors, markers, target positioners and cables; image guidance systems for medical purposes, namely, for neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and
throat (ENT), plastic surgery, radiosurgical and robot-assisted applications, namely, system carts, each comprising a computer, mouse, keyboard, foot pedal, monitors, universal power supplies, system
heads, each comprising light handles, light scanners, optical tracking systems and surgical luminaires |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1,829,745 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
03/28/2017 |
GOODS AND/OR SERVICES SECTION (010)(proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Electro-medical apparatuses, namely, computers and display devices, calibration devices and replacement
parts therefor, for medical purposes, namely, for neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted
applications; Electro-medical apparatuses comprising computers and display devices, calibration devices and replacement parts therefor, for neurosurgical,
cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted applications; medical navigation systems
for use in locating and tracking the position of a patient and of instruments during image guided surgery, namely, high resolution computers, cameras, monitors, docking stations, headsets, probes,
sensors, instrument adaptors, markers, target positioners and cables; medical navigation systems composed of high resolution computers, cameras, monitors,
docking stations, headsets, probes, sensors, instrument adaptors, markers, target positioners and cables, and surgical luminaires for use in locating and tracking the position of a patient and of
instruments during image guided surgery; image guidance systems for medical purposes, namely, for neurosurgical, cranial, orthopedic, spinal, soft tissue, ear,
nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted applications, namely, system carts, each comprising a computer, mouse, keyboard, foot pedal, monitors, universal power
supplies, system heads, each comprising light handles, light scanners, optical tracking systems and surgical luminaires; image guidance systems composed of
system carts, each comprising a computer, mouse, keyboard, foot pedal, monitors, universal power supplies, system heads, each comprising light handles, light scanners, optical tracking systems and
surgical luminaires for medical purposes, namely, neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted
applications |
FINAL DESCRIPTION |
Electro-medical apparatuses comprising computers and display devices, calibration devices and replacement parts therefor, for
neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted applications; medical navigation systems composed of high
resolution computers, cameras, monitors, docking stations, headsets, probes, sensors, instrument adaptors, markers, target positioners and cables, and surgical luminaires for use in locating and
tracking the position of a patient and of instruments during image guided surgery; image guidance systems composed of system carts, each comprising a computer, mouse, keyboard, foot pedal, monitors,
universal power supplies, system heads, each comprising light handles, light scanners, optical tracking systems and surgical luminaires for medical purposes, namely, neurosurgical, cranial,
orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted applications |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1,829,745 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
03/28/2017 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/DAVID J. SCHNURR/ |
SIGNATORY'S NAME |
David J. Schnurr |
SIGNATORY'S POSITION |
Attorney of Record, 66526 |
SIGNATORY'S PHONE NUMBER |
519-593-3287 |
DATE SIGNED |
05/05/2017 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri May 05 16:44:03 EDT 2017 |
TEAS STAMP |
USPTO/ROA-XX.X.XXX.XX-201
70505164403479717-8738987
9-5906861c2eee077a41e5cf3
3ca9b9bff1cf359aeba3ef978
de7425316d7afbf3f-N/A-N/A
-20170505164344701365 |
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.
87389879 FLASH REGISTRATION(Standard Characters, see http://uspto.report/TM/87389879/mark.png) 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 Computer software for use in image guided surgery applications; computer software for use in planning and tracking the position of a patient and medical devices and
apparatus during image guided surgery; computer software for displaying video images for image guided surgical procedures; computer software for medical purposes, namely, for neurosurgical, cranial,
orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted applications, and for three-dimensionally registering and referencing patient location
data
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1,829,745 filed 03/28/2017]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Computer software for use in image guided surgery applications;
Computer software for use in image
guided surgery;
computer software for use in planning and tracking the position of a patient and medical devices and apparatus during image guided surgery;
computer software for use in planning and tracking the position of a patient and for use in tracking the position of medical devices and apparatuses during image
guided surgery;
computer software for displaying video images for image guided surgical procedures;
computer software for medical
purposes, namely, for neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted applications, and for three-dimensionally
registering and referencing patient location data;
computer software for medical purposes, namely, for neurosurgical, cranial, orthopedic, spinal, soft tissue,
ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted surgical, diagnostic and imaging applications, and for three-dimensionally registering and referencing patient location
dataClass 009 for Computer software for use in image guided surgery; computer software for use in planning and tracking the position of a patient and for use in tracking the position of medical
devices and apparatuses during image guided surgery; computer software for displaying video images for image guided surgical procedures; computer software for medical purposes, namely, for
neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted surgical, diagnostic and imaging applications, and for
three-dimensionally registering and referencing patient location data
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1,829,745 filed 03/28/2017]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Electro-medical apparatuses, namely, computers and display devices, calibration devices and replacement parts therefor, for medical purposes, namely, for neurosurgical,
cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted applications; medical navigation systems for use in locating and tracking the
position of a patient and of instruments during image guided surgery, namely, high resolution computers, cameras, monitors, docking stations, headsets, probes, sensors, instrument adaptors, markers,
target positioners and cables; image guidance systems for medical purposes, namely, for neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery,
radiosurgical and robot-assisted applications, namely, system carts, each comprising a computer, mouse, keyboard, foot pedal, monitors, universal power supplies, system heads, each comprising light
handles, light scanners, optical tracking systems and surgical luminaires
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1,829,745 filed 03/28/2017]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Electro-medical apparatuses, namely, computers and display devices, calibration devices and replacement parts therefor, for medical
purposes, namely, for neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted applications;
Electro-medical apparatuses comprising computers and display devices, calibration devices and replacement parts therefor, for neurosurgical, cranial, orthopedic, spinal, soft tissue, ear,
nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted applications;
medical navigation systems for use in locating and tracking the position
of a patient and of instruments during image guided surgery, namely, high resolution computers, cameras, monitors, docking stations, headsets, probes, sensors, instrument adaptors, markers, target
positioners and cables;
medical navigation systems composed of high resolution computers, cameras, monitors, docking stations, headsets, probes, sensors,
instrument adaptors, markers, target positioners and cables, and surgical luminaires for use in locating and tracking the position of a patient and of instruments during image guided surgery;
image guidance systems for medical purposes, namely, for neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery,
radiosurgical and robot-assisted applications, namely, system carts, each comprising a computer, mouse, keyboard, foot pedal, monitors, universal power supplies, system heads, each comprising light
handles, light scanners, optical tracking systems and surgical luminaires;
image guidance systems composed of system carts, each comprising a computer, mouse,
keyboard, foot pedal, monitors, universal power supplies, system heads, each comprising light handles, light scanners, optical tracking systems and surgical luminaires for medical purposes, namely,
neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted applicationsClass 010 for Electro-medical apparatuses
comprising computers and display devices, calibration devices and replacement parts therefor, for neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery,
radiosurgical and robot-assisted applications; medical navigation systems composed of high resolution computers, cameras, monitors, docking stations, headsets, probes, sensors, instrument adaptors,
markers, target positioners and cables, and surgical luminaires for use in locating and tracking the position of a patient and of instruments during image guided surgery; image guidance systems
composed of system carts, each comprising a computer, mouse, keyboard, foot pedal, monitors, universal power supplies, system heads, each comprising light handles, light scanners, optical tracking
systems and surgical luminaires for medical purposes, namely, neurosurgical, cranial, orthopedic, spinal, soft tissue, ear, nose and throat (ENT), plastic surgery, radiosurgical and robot-assisted
applications
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1,829,745 filed 03/28/2017]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
SIGNATURE(S)
Response Signature
Signature: /DAVID J. SCHNURR/ Date: 05/05/2017
Signatory's Name: David J. Schnurr
Signatory's Position: Attorney of Record, 66526
Signatory's Phone Number: 519-593-3287
The signatory has confirmed that he/she is a Canadian attorney/agent, or an associate thereof, who represents an owner/holder located in Canada; that he/she is either registered with the USPTO and in
good standing as a patent agent under 37 C.F.R. §11.6(c) or he/she has been granted reciprocal recognition under 37 C.F.R. §11.14(c) by the USPTO's Office of Enrollment and Discipline; and, that to
the best of his/her knowledge, if prior to his/her appointment another Canadian attorney/agent or a U.S. attorney 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 Canadian attorney/agent or U.S.
attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Serial Number: 87389879
Internet Transmission Date: Fri May 05 16:44:03 EDT 2017
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-201705051644034797
17-87389879-5906861c2eee077a41e5cf33ca9b
9bff1cf359aeba3ef978de7425316d7afbf3f-N/
A-N/A-20170505164344701365