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)

---

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. 88058392 ICEFX(Standard Characters, see http://uspto.report/TM/88058392/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 Surgical and medical apparatus and instruments; Apparatus for use in medical analysis; Apparatus for the treatment of cancer; Cancer diagnosis apparatus; Surgical, medical and diagnostic materials, devices, apparatus and instruments for use in cryoablation; Medical devices for performing cryotherapy; Medical devices for freezing tumours; Minimally invasive surgical devices for treating cancerous and benign tissues; Medical devices for delivering heat to the tip of a needle; Cryoablation needles; Cryoablation needles for medical purposes; Microwave ablation systems; Devices and electronic systems for the analysis of tumours; Tissue ablation technologies for use with microwave treatments; Medical apparatus consisting of treatment probes and high pressure valves used for heat or freeze treatment; Integrated medical diagnostic systems to predict ice ball propagation and isotherms within a tissue for medical diagnosis; Integrated medical diagnostic systems to give location of given needles for medical diagnosis; Integrated medical treatment systems comprising medical devices, a gas supply unit, cryoablation needles and thermal sensors for use in any cryoablation medical procedure; Integrated medical treatment systems comprising medical devices and a cryoablation unit to predict ice ball propagation and isotherm for cryoablation medical procedures; Integrated medical treatment systems comprising medical devices and a cryoablation unit for delivering cold temperatures to tissues for medical purposes; Integrated medical treatment systems comprising medical devices and a cryoablation unit for delivering microwaves to tissues for medical purposes; parts and fittings for all the aforesaid goods
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Great Britain application number 3324904 filed 07/16/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Surgical and medical apparatus and instruments; Surgical and medical apparatus and instruments for medical use; Apparatus for use in medical analysis; Medical apparatus and medical devices for the treatment of cancer; Apparatus for the treatment of cancer; Cancer diagnosis apparatus; Surgical, medical and diagnostic materials, devices, apparatus and instruments for use in cryoablation; Medical devices for performing cryotherapy; Medical devices for freezing tumours; Minimally invasive surgical devices for treating cancerous and benign tissues; Medical devices for delivering heat to the tip of a needle; Cryoablation needles; Cryoablation needles for medical purposes; Microwave ablation apparatus and devices for medical purposes; Microwave ablation systems; Devices and electronic systems for the analysis of tumours; Tissue ablation apparatus and devices for use with microwave treatments; Tissue ablation technologies for use with microwave treatments; Medical apparatus consisting of treatment probes and high pressure valves used for heat or freeze treatment; Integrated medical diagnostic systems to predict ice ball propagation and isotherms within a tissue for medical diagnosis; Integrated medical diagnostic systems to give location of given needles for medical diagnosis; Integrated medical treatment systems comprising medical devices, a gas supply unit, cryoablation needles and thermal sensors for use in any cryoablation medical procedure; Integrated medical treatment systems comprising medical devices and a cryoablation unit to predict ice ball propagation and isotherm for cryoablation medical procedures; Integrated medical treatment systems comprising medical devices and a cryoablation unit for delivering cold temperatures to tissues for medical purposes; Integrated medical treatment systems comprising medical devices and a cryoablation unit for delivering microwaves to tissues for medical purposes; parts and fittings for all the aforesaid goodsClass 010 for Surgical and medical apparatus and instruments for medical use; Medical apparatus and medical devices for the treatment of cancer; Cancer diagnosis apparatus; Surgical, medical and diagnostic materials, devices, apparatus and instruments for use in cryoablation; Medical devices for performing cryotherapy; Medical devices for freezing tumours; Minimally invasive surgical devices for treating cancerous and benign tissues; Medical devices for delivering heat to the tip of a needle; Cryoablation needles; Cryoablation needles for medical purposes; Microwave ablation apparatus and devices for medical purposes; Devices and electronic systems for the analysis of tumours; Tissue ablation apparatus and devices for use with microwave treatments; Medical apparatus consisting of treatment probes and high pressure valves used for heat or freeze treatment; Integrated medical diagnostic systems to predict ice ball propagation and isotherms within a tissue for medical diagnosis; Integrated medical diagnostic systems to give location of given needles for medical diagnosis; Integrated medical treatment systems comprising medical devices, a gas supply unit, cryoablation needles and thermal sensors for use in any cryoablation medical procedure; Integrated medical treatment systems comprising medical devices and a cryoablation unit to predict ice ball propagation and isotherm for cryoablation medical procedures; Integrated medical treatment systems comprising medical devices and a cryoablation unit for delivering cold temperatures to tissues for medical purposes; Integrated medical treatment systems comprising medical devices and a cryoablation unit for delivering microwaves to tissues for medical purposes; parts and fittings for all the aforesaid goods
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Great Britain application number 3324904 filed 07/16/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

SIGNATURE(S)
Response Signature
Signature: /Ann Dunn Wessberg/     Date: 05/03/2019
Signatory's Name: Ann Dunn Wessberg
Signatory's Position: Attorney of Record

Signatory's Phone Number: 612-492-7006

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: 88058392
Internet Transmission Date: Fri May 03 13:59:43 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2019050313594368
2060-88058392-620dbcb08eac19fc86c8aa7581
abbc780d2f1285b44854289e1d444cbaaced9d-N
/A-N/A-20190503120751061184