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. 88054044 GEL-E FLEX(Standard Characters, see http://uspto.report/TM/88054044/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 has been attached: Arguments and exhibits.
Original PDF file:
evi_7116642206-2020060520 1533886099_._24551.PDF
Converted PDF file(s) ( 12 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12
Original PDF file:
evi_7116642206-2020060520 1533886099_._24550.PDF
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_7116642206-2020060520 1533886099_._24535.PDF
Converted PDF file(s) ( 27 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27
Original PDF file:
evi_7116642206-2020060520 1533886099_._24536.PDF
Converted PDF file(s) ( 6 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6
Original PDF file:
evi_7116642206-2020060520 1533886099_._24537.PDF
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Hemostatics for medical purposes, namely, hemostatic treatments for minor scraps, lacerations, and abrasions; hemostatics for medical pruposes, namely, bleeding control formulations for use within an antimicrobial environment; wound dressings, namely, wound dressings for moderately to heavy exuding chronic and acute wounds, including pressure sores, diabetic and leg ulcers, donor and graft sites, surgical wounds, skin abrasions and lacerations, first and second degree burns
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: Hemostatics for medical purposes, namely, hemostatic treatments for minor scraps, lacerations, and abrasions; Hemostatics for medical purposes, namely, hemostatic treatment preparations for minor scrapes, lacerations, and abrasions; hemostatics for medical pruposes, namely, bleeding control formulations for use within an antimicrobial environment; hemostatics for medical purposes, namely, bleeding control agents for use within an antimicrobial environment; wound dressings, namely, wound dressings for moderately to heavy exuding chronic and acute wounds, including pressure sores, diabetic and leg ulcers, donor and graft sites, surgical wounds, skin abrasions and lacerations, first and second degree burnsClass 005 for Hemostatics for medical purposes, namely, hemostatic treatment preparations for minor scrapes, lacerations, and abrasions; hemostatics for medical purposes, namely, bleeding control agents for use within an antimicrobial environment; wound dressings, namely, wound dressings for moderately to heavy exuding chronic and acute wounds, including pressure sores, diabetic and leg ulcers, donor and graft sites, surgical wounds, skin abrasions and lacerations, first and second degree burns
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: MEDCURA, INC., a corporation of Delaware, having an address of

            5650 RIVERTECH CT.      SUITE S
      RIVERDALE, Maryland 20737
      United States

Proposed: MEDCURA, INC., a corporation of Delaware, having an address of
      5650 RIVERTECH CT.
      SUITE S
      RIVERDALE, Maryland 20737
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Joseph L. Morales. Joseph L. Morales of THE MORALES LAW FIRM, LLC, is located at

      28 E. SUSQUEHANNA AVE.
      TOWSON, Maryland 21286
      United States
The docket/reference number is 1515.40002.
      The phone number is 443-315-7929.
      The fax number is 443-815-4747.
      The email address is jmorales@moralesq.com

The owner's/holder's proposed attorney information: Joseph L. Morales. Joseph L. Morales of THE MORALES LAW FIRM, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      6628 Walnutwood Cir.
      Baltimore, Maryland 21212
      United States
The docket/reference number is 1515.40002.
      The phone number is 443-315-7929.
      The fax number is 443-815-4747.
      The email address is jmorales@moralesq.com

Joseph L. Morales submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      JOSEPH L. MORALES
      PRIMARY EMAIL FOR CORRESPONDENCE: jmorales@moralesq.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 1515.40002.
Correspondence Information (proposed):
      Joseph L. Morales
      PRIMARY EMAIL FOR CORRESPONDENCE: jmorales@moralesq.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 1515.40002.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Joseph L. Morales/     Date: 06/05/2020
Signatory's Name: Joseph L. Morales
Signatory's Position: Attorney of record, Maryland bar member

Signatory's Phone Number: 443-315-7929

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    JOSEPH L. MORALES
   THE MORALES LAW FIRM, LLC
   
   28 E. SUSQUEHANNA AVE.
   TOWSON, Maryland 21286
Mailing Address:    Joseph L. Morales
   THE MORALES LAW FIRM, LLC
   6628 Walnutwood Cir.
   Baltimore, Maryland 21212
        
Serial Number: 88054044
Internet Transmission Date: Fri Jun 05 20:26:13 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020060520261326
3398-88054044-71046941097a780ba8bf97c0e5
ae9c16e8354f3f5bf8aa24ccf396c4a1234fe75-
N/A-N/A-20200605201533886099