TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

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

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88004167 BREG(Standard Characters, see http://uspto.report/TM/88004167/mark.png) has been amended as follows:
FOREIGN APPLICATION(S)
The applicant herein elects NOT to proceed to registration under Section 44(e) for any foreign application(s) claimed as a basis for priority.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for (Based on Use in Commerce) Software for product inventory management, product billing, insurance reimbursement, practice management and patient monitoring in the field of orthopedic healthcare(Based on 44(d) Priority Application) Software for product inventory management, product billing, insurance reimbursement, practice management and patient monitoring in the field of orthopedic healthcare
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 01/31/2008 and first used in commerce at least as early as 01/31/2008, and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1884438 filed 02/22/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 009 for (Based on Use in Commerce) Software for product inventory management, product billing, insurance reimbursement, practice management and patient monitoring in the field of orthopedic healthcare(Based on 44(d) Priority Application) Software for product inventory management, product billing, insurance reimbursement, practice management and patient monitoring in the field of orthopedic healthcare
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 01/31/2008 and first used in commerce at least as early as 01/31/2008, and is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1884438 filed 02/22/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for (Based on Use in Commerce) Computer services, namely, acting as an application service provider in the field of knowledge management to host computer application software for the purpose of managing orthopedic healthcare practices and patient treatment; Computer services, namely, cloud hosting provider services; Computer services, namely, hosting and maintaining an on-line web site for others for managing orthopedic healthcare practices and patient treatment(Based on 44(d) Priority Application) Computer services, namely, acting as an application service provider in the field of knowledge management to host computer application software for the purpose of managing orthopedic healthcare practices and patient treatment; Computer services, namely, cloud hosting provider services; Computer services, namely, hosting and maintaining an on-line web site for others for managing orthopedic healthcare practices and patient treatment
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 12/01/2007 and first used in commerce at least as early as 12/01/2007, and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1884438 filed 02/22/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 042 for (Based on Use in Commerce) Computer services, namely, acting as an application service provider in the field of knowledge management to host computer application software for the purpose of managing orthopedic healthcare practices and patient treatment; Computer services, namely, cloud hosting provider services; Computer services, namely, hosting and maintaining an on-line web site for others for managing orthopedic healthcare practices and patient treatment(Based on 44(d) Priority Application) Computer services, namely, acting as an application service provider in the field of knowledge management to host computer application software for the purpose of managing orthopedic healthcare practices and patient treatment; Computer services, namely, cloud hosting provider services; Computer services, namely, hosting and maintaining an on-line web site for others for managing orthopedic healthcare practices and patient treatment
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 12/01/2007 and first used in commerce at least as early as 12/01/2007, and is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1884438 filed 02/22/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Breg, Inc., a corporation of Delaware, having an address of
      2885 Loker Avenue East
      Carlsbad, California 92010
      United States

Proposed: Breg, Inc., a corporation of California, having an address of
      2885 Loker Avenue East
      Carlsbad, California 92010
      United States

Response Suspension Inquiry Signature
Signature: /Rodney F. Brown/     Date: 10/25/2018
Signatory's Name: Rodney F. Brown
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 858-272-8705

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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: 88004167
Internet Transmission Date: Thu Oct 25 18:14:59 EDT 2018
TEAS Stamp: USPTO/RSI-XX.XXX.XXX.XX-2018102518145914
4634-88004167-61083993ffb76605ea6454ea75
8b02c56a7779bb4bf1a91521b90971bae76296-N
/A-N/A-20181025175340637189