Response to Office Action

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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87826390 AEON(Standard Characters, see http://uspto.report/TM/87826390/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Text of a response to the office action; and Additional registrations of marks comprising the word AEON discussed in the response. has been attached.
Original PDF file:
evi_761722033-20180717145540012066_._Exhibit_A-Y-AGE_AEON.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_761722033-20180717145540012066_._Exhibit_B_-_AEON_GLOBAL_HEALTH.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_761722033-20180717145540012066_._Exhibit_C_-_AEON_CLINICAL_LABORATORIES.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_761722033-20180717145540012066_._Exhibit_D_-_Aeon_Clinical_Laboratories.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_761722033-20180717145540012066_._Exhibit_E-_AEON.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_761722033-20180717145540012066_._87826390_Response_to_AEON_office_action.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Surgical staplers; Surgical staples; Surgical instruments and apparatus
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 01/30/2018 and first used in commerce at least as early as 01/30/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Surgical staplers; Surgical staples; Surgical instruments and apparatusClass 010 for Surgical staplers; Surgical staples;
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 01/30/2018 and first used in commerce at least as early as 01/30/2018 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /james t nikolai/     Date: 07/17/2018
Signatory's Name: James T. Nikolai
Signatory's Position: Attorney of record, Minnesota bar member

Signatory's Phone Number: 612-339-7461

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: 87826390
Internet Transmission Date: Tue Jul 17 15:20:52 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20180717152052586
110-87826390-6107c7322cbfb47b2abedc26578
899863c27917fdf9b1de4434af4393589d2-N/A-
N/A-20180717145540012066