TEAS Request Reconsideration after FOA

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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 87595305 ARTHREX (Stylized and/or with Design, see http://uspto.report/TM/87595305/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 and surgical apparatus and instruments for use in orthopedic surgery, endoscopy, and arthroscopic surgery; surgical covering cloths and sheets for patients, medical personnel, medical apparatus, and equipment; artificial joints and artificial joint parts thereof
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/13/1984 and first used in commerce at least as early as 12/13/1984 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Medical and surgical apparatus and instruments for use in orthopedic surgery, endoscopy, and arthroscopic surgery; surgical covering cloths and sheets for patients, medical personnel, medical apparatus, and equipment; surgical covering cloths for patients, medical personnel, medical apparatus, and equipment, and draw-sheets for sick beds; artificial joints and artificial joint parts thereofClass 010 for Medical and surgical apparatus and instruments for use in orthopedic surgery, endoscopy, and arthroscopic surgery; surgical covering cloths for patients, medical personnel, medical apparatus, and equipment, and draw-sheets for sick beds; artificial joints and artificial joint parts thereof
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/13/1984 and first used in commerce at least as early as 12/13/1984 , and is now in use in such commerce.
SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Karin H. Butchko/     Date: 07/16/2018
Signatory's Name: Karin H. Butchko
Signatory's Position: Attorney of record, Michigan bar member

Signatory's Phone Number: 248-988-8688

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 87595305
Internet Transmission Date: Mon Jul 16 18:21:05 EDT 2018
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XXX-2018071618210570
0953-87595305-6108169eb14fa3457daea60abf
3ec2fc640d0fa4ea89b5dde6d38ebd4e5d1c7dae
-N/A-N/A-20180716181817937981