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 |
87773252 |
LAW OFFICE ASSIGNED |
LAW OFFICE 125 |
MARK SECTION |
MARK |
http://uspto.report/TM/87773252/mark.png |
LITERAL ELEMENT |
VASOMARKER |
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 |
Imaging apparatus for use in the optometry and ophthalmology medical field for image generation, analysis, measurement, and
visualization to aid in the ocular disease diagnosis; Combination of 3D metrics to aid in the ocular disease diagnosis, namely, a combination of metrics extending from a 3D vascular tree; Combination
of 3D metrics including measuremnts of combinations of vascular density in a whole organ or a region of an organ; Combination of numerical value or range of values or a combination of individual
metrics; Combination of metrics |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Imaging apparatus for use in the optometry and ophthalmology medical field for image generation,
analysis, measurement, and visualization to aid in the ocular disease diagnosis; Medical imaging apparatus for use in the optometry and ophthalmology medical
field for image generation, analysis, measurement, and visualization to aid in the ocular disease diagnosis; Combination of 3D metrics to aid in the ocular
disease diagnosis, namely, a combination of metrics extending from a 3D vascular tree; Medical apparatus for processing and managing individual 3D metrics data
to aid in the ocular disease diagnosis in particular processing metrics extending from a 3D vascular tree, processing and managing individual 3D metrics data, processing and managing individual
metrics data.; Combination of 3D metrics including measuremnts of combinations of vascular density in a whole organ or a region of an organ; Combination of numerical value or range of values or a combination of individual metrics; Combination of metrics |
FINAL DESCRIPTION |
Medical imaging apparatus for use in the optometry and ophthalmology medical field for image generation, analysis, measurement, and
visualization to aid in the ocular disease diagnosis; Medical apparatus for processing and managing individual 3D metrics data to aid in the ocular disease diagnosis in particular processing metrics
extending from a 3D vascular tree, processing and managing individual 3D metrics data, processing and managing individual metrics data. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (044)(current) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Medical imaging services, namely, providing analysis, data, imagery, and modeling; Medical imaging services, namely, 3D Vascular
Geometric and Morphologic Analytics; Consulting services in the field of medical imaging regarding the use and operation of medical imaging apparatus; Medical imaging services, namely, extraction of
individual metrics, combining multiple metrics, and applying said metrics to a specific organ |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (044)(proposed) |
INTERNATIONAL CLASS |
044 |
TRACKED TEXT DESCRIPTION |
Medical imaging services, namely, providing analysis, data, imagery, and modeling; Medical imaging services, namely, providing analysis, data, imagery, and modeling for vascular toxicity, vasculature; Medical imaging
services, namely, 3D Vascular Geometric and Morphologic Analytics; Medical imaging services, namely, providing 3D Vascular Geometric and Morphologic
Analytics; Consulting services in the field of medical imaging regarding the use and operation of medical imaging apparatus; Medical
imaging services, namely, extraction of individual metrics, combining multiple metrics, and applying said metrics to a specific organ; Medical imaging services,
namely, extraction of individual metrics, combining multiple metrics, and applying said metrics to a specific organ. |
FINAL DESCRIPTION |
Medical imaging services, namely, providing analysis, data, imagery, and modeling for vascular toxicity, vasculature; Medical imaging
services, namely, providing 3D Vascular Geometric and Morphologic Analytics; Consulting services in the field of medical imaging regarding the use and operation of medical imaging apparatus; Medical
imaging services, namely, extraction of individual metrics, combining multiple metrics, and applying said metrics to a specific organ. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(class added) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Medical software for processing and managing individual 3D metrics data to aid in the ocular disease diagnosis, namely, software for
analyzing metrics data extending from a 3D vascular tree; Medical software for processing and managing individual 3D metrics data, namely, software for measuring and combing vascular density in a
whole organ and region of an organ; Medical software for processing and managing individual metrics data. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(class added) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Collection and analysis of individual 3D metrics data and individual metrics data for a network of health care providers, etc. for
business purposes. |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
2 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
550 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Roy D. Gross/ |
SIGNATORY'S NAME |
Roy D. Gross |
SIGNATORY'S POSITION |
Attorney of Record, Connecticut Bar Member |
SIGNATORY'S PHONE NUMBER |
203-423-0235 |
DATE SIGNED |
08/24/2018 |
RESPONSE SIGNATURE |
/Roy D. Gross/ |
SIGNATORY'S NAME |
Roy D. Gross |
SIGNATORY'S POSITION |
Attorney of Record, Connecticut Bar Member |
SIGNATORY'S PHONE NUMBER |
203-423-0235 |
DATE SIGNED |
08/24/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Aug 24 14:57:43 EDT 2018 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
180824145743591905-877732
52-61021b39687e391778c30c
e92b38ed476da3c83e598b67e
6ad02b97c240d5aadc79-CC-1
333-20180824143921046070 |
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.
87773252 VASOMARKER(Standard Characters, see http://uspto.report/TM/87773252/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 Imaging apparatus for use in the optometry and ophthalmology medical field for image generation, analysis, measurement, and visualization to aid in the ocular disease
diagnosis; Combination of 3D metrics to aid in the ocular disease diagnosis, namely, a combination of metrics extending from a 3D vascular tree; Combination of 3D metrics including measuremnts of
combinations of vascular density in a whole organ or a region of an organ; Combination of numerical value or range of values or a combination of individual metrics; Combination of metrics
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: Imaging apparatus for use in the optometry and ophthalmology medical field for image generation, analysis, measurement, and
visualization to aid in the ocular disease diagnosis;
Medical imaging apparatus for use in the optometry and ophthalmology medical field for image generation,
analysis, measurement, and visualization to aid in the ocular disease diagnosis;
Combination of 3D metrics to aid in the ocular disease diagnosis, namely, a
combination of metrics extending from a 3D vascular tree;
Medical apparatus for processing and managing individual 3D metrics data to aid in the ocular disease
diagnosis in particular processing metrics extending from a 3D vascular tree, processing and managing individual 3D metrics data, processing and managing individual metrics data.;
Combination of 3D metrics including measuremnts of combinations of vascular density in a whole organ or a region of an organ;
Combination
of numerical value or range of values or a combination of individual metrics;
Combination of metricsClass 010 for Medical imaging apparatus for use in the
optometry and ophthalmology medical field for image generation, analysis, measurement, and visualization to aid in the ocular disease diagnosis; Medical apparatus for processing and managing
individual 3D metrics data to aid in the ocular disease diagnosis in particular processing metrics extending from a 3D vascular tree, processing and managing individual 3D metrics data, processing
and managing individual metrics 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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Medical imaging services, namely, providing analysis, data, imagery, and modeling; Medical imaging services, namely, 3D Vascular Geometric and Morphologic Analytics;
Consulting services in the field of medical imaging regarding the use and operation of medical imaging apparatus; Medical imaging services, namely, extraction of individual metrics, combining
multiple metrics, and applying said metrics to a specific organ
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 imaging services, namely, providing analysis, data, imagery, and modeling;
Medical imaging
services, namely, providing analysis, data, imagery, and modeling for vascular toxicity, vasculature;
Medical imaging services, namely, 3D Vascular Geometric
and Morphologic Analytics;
Medical imaging services, namely, providing 3D Vascular Geometric and Morphologic Analytics;
Consulting
services in the field of medical imaging regarding the use and operation of medical imaging apparatus;
Medical imaging services, namely, extraction of
individual metrics, combining multiple metrics, and applying said metrics to a specific organ;
Medical imaging services, namely, extraction of individual
metrics, combining multiple metrics, and applying said metrics to a specific organ.Class 044 for Medical imaging services, namely, providing analysis, data, imagery, and modeling for vascular
toxicity, vasculature; Medical imaging services, namely, providing 3D Vascular Geometric and Morphologic Analytics; Consulting services in the field of medical imaging regarding the use and operation
of medical imaging apparatus; Medical imaging services, namely, extraction of individual metrics, combining multiple metrics, and applying said metrics to a specific organ.
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 009 for Medical software for processing and managing individual 3D metrics data to aid in the ocular disease diagnosis, namely, software for analyzing metrics data extending from a
3D vascular tree; Medical software for processing and managing individual 3D metrics data, namely, software for measuring and combing vascular density in a whole organ and region of an organ; Medical
software for processing and managing individual metrics 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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Collection and analysis of individual 3D metrics data and individual metrics data for a network of health care providers, etc. for business purposes.
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.
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: /Roy D. Gross/ Date: 08/24/2018
Signatory's Name: Roy D. Gross
Signatory's Position: Attorney of Record, Connecticut Bar Member
Signatory's Phone Number: 203-423-0235
Response Signature
Signature: /Roy D. Gross/ Date: 08/24/2018
Signatory's Name: Roy D. Gross
Signatory's Position: Attorney of Record, Connecticut Bar Member
Signatory's Phone Number: 203-423-0235
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: 87773252
RAM Accounting Date: 08/27/2018
Serial Number: 87773252
Internet Transmission Date: Fri Aug 24 14:57:43 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20180824145743591
905-87773252-61021b39687e391778c30ce92b3
8ed476da3c83e598b67e6ad02b97c240d5aadc79
-CC-1333-20180824143921046070