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. 88044717 CARE SCIENCE(Standard Characters, see http://uspto.report/TM/88044717/mark.png) has been amended as follows:

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

This is written response to the Office Action of November 7, 2018.  The Examining Attorney indicated that her search of Office records found no registered marks which will preclude registration of the subject mark CARE SCIENCE.  She did, however, note the presence of pending U.S. trademark application serial no. 88/001046 for the mark SCIENCECARE and advised that this reference might be cited as a reference against the subject application should it mature into a registration.  The Examining Attorney also requested Applicant delete reference to the two claimed prior registrations on the grounds that they were not relevant and requested that Applicant amend the identification of goods in International Classes 5 and 28.

Applicant has duly amended the application and deleted the claim of prior registrations. Applicant has also amended the identification of goods in International Classes 5 and 28.  Accordingly, Applicant requests that this application be placed in suspension pending resolution of Application Serial No. 88/001046.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Medical adhesive tape, cohesive wraps in the nature of self-adhesive dressings, kinesiology adhesive tape for wound dressings, foam adhesive tape for wound dressings, gauze for wound dressings, gauze pads for use as wound dressings, non-adhesive wound dressings, rolled gauze for covering wound dressings, stretch nets in the nature of wound dressings, wound closures in the nature of wound dressings, bandages for skin wounds, adhesive bandages, hydrocolloid bandages for skin wounds, antiseptic liquid bandages for skin wounds, sponges impregnated with antiseptics, waterproof wound dressings, antiseptic wipes, antiseptic cotton and antiseptics, wart removing preparations, corn removing preparations, wart freezing preparations, bunion cushion pads and callus cushion pads, all sold separately or as components of first aid kits
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 adhesive tape, cohesive wraps in the nature of self-adhesive dressings, kinesiology adhesive tape for wound dressings, foam adhesive tape for wound dressings, gauze for wound dressings, gauze pads for use as wound dressings, non-adhesive wound dressings, rolled gauze for covering wound dressings, stretch nets in the nature of wound dressings, wound closures in the nature of wound dressings, bandages for skin wounds, adhesive bandages, hydrocolloid bandages for skin wounds, antiseptic liquid bandages for skin wounds, sponges impregnated with antiseptics, waterproof wound dressings, antiseptic wipes, antiseptic cotton and antiseptics, wart removing preparations, corn removing preparations, wart freezing preparations, bunion cushion pads and callus cushion pads, all sold separately or as components of first aid kits; Medical adhesive tape, cohesive wraps in the nature of self-adhesive medical dressings, kinesiology adhesive tape being wound dressings, foam adhesive tape being wound dressings, gauze for wound dressings, gauze pads for use as wound dressings, non-adhesive wound dressings, rolled gauze for covering wound dressings, stretch nets in the nature of wound dressings, wound closures in the nature of wound dressings, bandages for skin wounds, adhesive bandages, hydrocolloid bandages for skin wounds, antiseptic liquid bandages for skin wounds, sponges impregnated with antiseptics, waterproof wound dressings, antiseptic wipes, antiseptic cotton and antiseptics, wart removing preparations, corn removing preparations in the nature of corn creams, wart removing in the nature of freezing preparations, bunion cushion pads and callus in the nature of corn cushion pads, all sold separately and as components of first aid kitsClass 005 for Medical adhesive tape, cohesive wraps in the nature of self-adhesive medical dressings, kinesiology adhesive tape being wound dressings, foam adhesive tape being wound dressings, gauze for wound dressings, gauze pads for use as wound dressings, non-adhesive wound dressings, rolled gauze for covering wound dressings, stretch nets in the nature of wound dressings, wound closures in the nature of wound dressings, bandages for skin wounds, adhesive bandages, hydrocolloid bandages for skin wounds, antiseptic liquid bandages for skin wounds, sponges impregnated with antiseptics, waterproof wound dressings, antiseptic wipes, antiseptic cotton and antiseptics, wart removing preparations, corn removing preparations in the nature of corn creams, wart removing in the nature of freezing preparations, bunion cushion pads and callus in the nature of corn cushion pads, all sold separately and as components of first aid kits
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 028 for Hand, arm and leg wraps for sports use
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: Hand, arm and leg wraps for sports use; Athletic equipment, namely, hand, arm and leg wraps for sports useClass 028 for Athletic equipment, namely, hand, arm and leg wraps for sports use
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Please delete the claim of ownership of reg. nos. 1931623 and 4599051. Applicant requests that this application be placed in suspension pending the resolution of U.S. Trademark Application Serial No. 88001046.


SIGNATURE(S)
Response Signature
Signature: /David L. Sigalow/     Date: 01/25/2019
Signatory's Name: David L. Sigalow
Signatory's Position: Attorney of Record, Florida Bar Member

Signatory's Phone Number: 407-841-2330

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: 88044717
Internet Transmission Date: Fri Jan 25 16:10:43 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019012516104308
0197-88044717-620c4353ab4e1d27ec9787464d
cdf5fdce3f9f9b92ba59e36854bdf6337ae87fc4
5-N/A-N/A-20190125160313733804