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. 88038625 DAVID(Standard Characters, see http://uspto.report/TM/88038625/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 Body rehabilitation apparatus for medical purposes; Force and motion testing apparatus for physical rehabilitation; Medical and therapeutic device and apparatus, namely, a force and motion sensing apparatus and assisted exercise machine for the rehabilitation of back and joints affected by neuromuscular diseases, disorders, or injuries for home or clinical use; Physical rehabilitation, physical therapy and sports medicine equipment all designed specifically for medical use, namely, shoulder stretcher using a cable; Physical rehabilitation, physical therapy and sports medicine equipment all designed specifically for medical use, namely, shoulder stretcher using resistance cables
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Community - CTM registration number 007553837 registered 12/17/1998 with a renewal date of 05/14/2002 and an expiration date of 12/17/2018 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 010 for Body rehabilitation apparatus for medical purposes; Force and motion testing apparatus for physical rehabilitation; Medical and therapeutic device and apparatus, namely, a force and motion sensing apparatus and assisted exercise machine for the rehabilitation of back and joints affected by neuromuscular diseases, disorders, or injuries for home or clinical use; Physical rehabilitation, physical therapy and sports medicine equipment all designed specifically for medical use, namely, shoulder stretcher using a cable; Physical rehabilitation, physical therapy and sports medicine equipment all designed specifically for medical use, namely, shoulder stretcher using resistance cables
Deleted Filing Basis: 44(e)
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 06/29/2016 and first used in commerce at least as early as 06/29/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 010 . The specimen(s) submitted consists of applicant's goods with the mark on them .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Miriam Eniolorunda of Remarkable.Legal, having an address of
P.O. Box 4120 ECM #72065 Portland, Oregon 97208
United States
docket3@remarkable.legal
5035494854
The Other Appointed Attorney(s): Luke Brean, Javier Gomez.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
DAVID HEALTH SOLUTIONS LTD.
DAVID HEALTH SOLUTIONS LTD.
MANNERHEIMINTIE 113, NA
HELSINKI
FI
00280

Proposed:
Miriam Eniolorunda of Remarkable.Legal, having an address of
P.O. Box 4120 ECM #72065 Portland, Oregon 97208
United States
docket3@remarkable.legal
5035494854



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: /MD/      Date: 05/07/2019
Signatory's Name: Miriam Eniolorunda
Signatory's Position: Associate attorney, Remarkable.Legal, attorney of record, Wisconsin state bar
Signatory's Phone Number: 5035494854


Response Signature
Signature: /MD/     Date: 05/07/2019
Signatory's Name: Miriam Eniolorunda
Signatory's Position: Associate attorney, Remarkable.Legal, attorney of record, Wisconsin state bar

Signatory's Phone Number: 5035494854

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.

Mailing Address:    Miriam Eniolorunda
   Remarkable.Legal
   P.O. Box 4120 ECM #72065
   Portland, Oregon 97208
        
Serial Number: 88038625
Internet Transmission Date: Tue May 07 10:43:54 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201905071043540
45259-88038625-6208c9cdf0da3deaee31b6d58
5392dbe8fc8889590d8949cf8d02315e285eb58-
N/A-N/A-20190507094813355112