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 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87519426 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK |
http://uspto.report/TM/87519426/mark.png |
LITERAL ELEMENT |
GAMMACORE SAPPHIRE |
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 (010)(current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Medical devices/apparatus, namely, nerve and/or muscle tissue stimulators; medical devices for treating diseases and disorders, by
electrically stimulating or modulating nerve and/or muscle tissue |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Medical devices/apparatus, namely, nerve and/or muscle tissue stimulators; Medical apparatus, namely, nerve and muscle tissue stimulators; medical devices for treating diseases and disorders, by electrically stimulating or
modulating nerve and/or muscle tissue; medical devices for treating diseases and disorders by electrically stimulating and modulating nerve and muscle
tissue |
FINAL DESCRIPTION |
Medical apparatus, namely, nerve and muscle tissue stimulators; medical devices for treating diseases and disorders by electrically
stimulating and modulating nerve and muscle tissue |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Providing temporary use of online non-downloadable software for monitoring individuals relating to health issues, tracking current
status and historic information regarding individuals' health related information, and for managing health care and scheduling treatments; providing an interactive web site featuring technology that
enables users to enter, access, track, and monitor information regarding their symptoms; providing a web site featuring a portal for patients to access educational and training materials, including
live, virtual coaching enabling patients to optimally use their medical devices; patient support services, namely, assisting patients with use of their medical device; call centers to provide patient
assistance regarding their medical device; live virtual training in the use of a patient medical device; assistance with understanding health insurance coverage, copay issues, and reimbursement
options, and assisting with copay issues |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Providing temporary use of online non-downloadable software for monitoring individuals relating to
health issues, tracking current status and historic information regarding individuals' health related information, and for managing health care and scheduling treatments; Providing temporary use of online non-downloadable software for monitoring individuals' health information, tracking current health status and historic health information, and for
managing health care and scheduling treatments; providing an interactive web site featuring technology that enables users to enter, access, track, and monitor information
regarding their symptoms; providing a web site featuring a portal for patients to access educational and training materials, including live, virtual coaching
enabling patients to optimally use their medical devices; patient support services, namely, assisting patients with use of their medical device;
call centers to provide patient assistance regarding their medical device; live virtual training in the use of a patient
medical device; assistance with understanding health insurance coverage, copay issues, and reimbursement options, and assisting with copay issues |
FINAL DESCRIPTION |
Providing temporary use of online non-downloadable software for monitoring individuals' health information, tracking current health
status and historic health information, and for managing health care and scheduling treatments; providing an interactive web site featuring technology that enables users to enter, access, track, and
monitor information regarding their symptoms |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(class added) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Providing live virtual training and virtual coaching in the proper use of medical devices for treating diseases and disorders by
electrically stimulating and modulating nerve and muscle tissue |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (044)(class added) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Providing an Internet website portal for patients offering information in the field of health |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
SIGNIFICANCE OF MARK |
SAPPHIRE 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) SAPPHIRE has no meaning in a foreign language. |
PAYMENT SECTION |
NUMBER OF CLASSES |
2 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
550 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/joel bock/ |
SIGNATORY'S NAME |
Joel N. Bock |
SIGNATORY'S POSITION |
Attorney of Record, NJ Bar Member |
SIGNATORY'S PHONE NUMBER |
973-912-7174 |
DATE SIGNED |
12/10/2017 |
RESPONSE SIGNATURE |
/joel bock/ |
SIGNATORY'S NAME |
Joel N. Bock |
SIGNATORY'S POSITION |
Attorney of Record, NJ Bar Member |
SIGNATORY'S PHONE NUMBER |
973-912-7174 |
DATE SIGNED |
12/11/2017 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Dec 11 09:44:09 EST 2017 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20171211094409725988-8751
9426-510474d45f63a95f0272
4c1ef813c5b1bf9214be41bfb
ae494aeda8c44a83fba6-CC-9
223-20171210201150945283 |
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 09/20/2020) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
87519426 GAMMACORE SAPPHIRE(Standard Characters, see http://uspto.report/TM/87519426/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 010 for Medical devices/apparatus, namely, nerve and/or muscle tissue stimulators; medical devices for treating diseases and disorders, by electrically stimulating or modulating
nerve and/or muscle tissue
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/apparatus, namely, nerve and/or muscle tissue stimulators;
Medical apparatus,
namely, nerve and muscle tissue stimulators;
medical devices for treating diseases and disorders, by electrically stimulating or modulating nerve and/or muscle
tissue;
medical devices for treating diseases and disorders by electrically stimulating and modulating nerve and muscle tissueClass 010 for Medical
apparatus, namely, nerve and muscle tissue stimulators; medical devices for treating diseases and disorders by electrically stimulating and modulating nerve and muscle tissue
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 042 for Providing temporary use of online non-downloadable software for monitoring individuals relating to health issues, tracking current status and historic information
regarding individuals' health related information, and for managing health care and scheduling treatments; providing an interactive web site featuring technology that enables users to enter, access,
track, and monitor information regarding their symptoms; providing a web site featuring a portal for patients to access educational and training materials, including live, virtual coaching enabling
patients to optimally use their medical devices; patient support services, namely, assisting patients with use of their medical device; call centers to provide patient assistance regarding their
medical device; live virtual training in the use of a patient medical device; assistance with understanding health insurance coverage, copay issues, and reimbursement options, and assisting with
copay issues
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: Providing temporary use of online non-downloadable software for monitoring individuals relating to health issues, tracking current
status and historic information regarding individuals' health related information, and for managing health care and scheduling treatments;
Providing temporary use
of online non-downloadable software for monitoring individuals' health information, tracking current health status and historic health information, and for managing health care and scheduling
treatments;
providing an interactive web site featuring technology that enables users to enter, access, track, and monitor information regarding their symptoms;
providing a web site featuring a portal for patients to access educational and training materials, including live, virtual coaching enabling patients to optimally use
their medical devices;
patient support services, namely, assisting patients with use of their medical device;
call
centers to provide patient assistance regarding their medical device;
live virtual training in the use of a patient medical device;
assistance with understanding health insurance coverage, copay issues, and reimbursement options, and assisting with copay issuesClass 042 for Providing temporary use of online
non-downloadable software for monitoring individuals' health information, tracking current health status and historic health information, and for managing health care and scheduling treatments;
providing an interactive web site featuring technology that enables users to enter, access, track, and monitor information regarding their symptoms
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 hereby adds the following class of goods/services to the application:
New: Class 041 for Providing live virtual training and virtual coaching in the proper use of medical devices for treating diseases and disorders by electrically stimulating and modulating
nerve and muscle tissue
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 hereby adds the following class of goods/services to the application:
New: Class 044 for Providing an Internet website portal for patients offering information in the field of health
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)
SAPPHIRE 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) SAPPHIRE has no meaning in a foreign language.
FEE(S)
Fee(s) in the amount of $550 is being submitted.
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: /joel bock/ Date: 12/10/2017
Signatory's Name: Joel N. Bock
Signatory's Position: Attorney of Record, NJ Bar Member
Signatory's Phone Number: 973-912-7174
Response Signature
Signature: /joel bock/ Date: 12/11/2017
Signatory's Name: Joel N. Bock
Signatory's Position: Attorney of Record, NJ Bar Member
Signatory's Phone Number: 973-912-7174
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.
RAM Sale Number: 87519426
RAM Accounting Date: 12/11/2017
Serial Number: 87519426
Internet Transmission Date: Mon Dec 11 09:44:09 EST 2017
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201712110944097
25988-87519426-510474d45f63a95f02724c1ef
813c5b1bf9214be41bfbae494aeda8c44a83fba6
-CC-9223-20171210201150945283