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. 88011918 TRACSTAR(Standard Characters, see http://uspto.report/TM/88011918/mark.png) has been amended as follows:

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

In the Office Action dated October 11, 2018, the Examining Attorney did not raise any substantive objections.  Applicant notes that a search of the U.S. Patent and Trademark Office records did not reveal any pending or registered marks that would bar registration under Section 2(d) of the Trademark Act. 

   

The Examining Attorney requested that Applicant amend the word “including”.  Applicant has amended the identification of goods as requested by the Examining Attorney. 

 

Applicant submits that it has responded to all outstanding issues raised in the Office Action.  Should the Examining Attorney have any questions or require additional information, the Examining Attorney is encouraged to contact the undersigned. 

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, including, access catheters for the introduction of interventional medical devices into the peripheral, coronary, and neuro vasculature; Interventional medical catheters for use in the peripheral, coronary, and neuro vasculature
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, including, access catheters for the introduction of interventional medical devices into the peripheral, coronary, and neuro vasculature; Medical devices, namely, access catheters for the introduction of interventional medical devices into the peripheral, coronary, and neuro vasculature; Interventional medical catheters for use in the peripheral, coronary, and neuro vasculatureClass 010 for Medical devices, namely, access catheters for the introduction of interventional medical devices into the peripheral, coronary, and neuro vasculature; Interventional medical catheters for use in the peripheral, coronary, and neuro vasculature
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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: IMPERATIVE CARE, INC., a corporation of Delaware, having an address of
      1221 INNSBRUCK DRIVE
      SUNNYVALE, California 94089
      United States

Proposed: IMPERATIVE CARE, INC., a corporation of Delaware, having an address of
      1359 DELL AVENUE
      CAMPBELL, California 95008
      United States

SIGNATURE(S)
Response Signature
Signature: /Steven J. Nataupsky/     Date: 04/10/2019
Signatory's Name: Steven J. Nataupsky
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 949-760-0404

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: 88011918
Internet Transmission Date: Wed Apr 10 16:30:23 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019041016302307
0856-88011918-62072ca41874c3da6175bc0c30
14935b4122f8f32980cb26928c2211f93a798-N/
A-N/A-20190405160501359854