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. 88065421 IDX-DR(Standard Characters, see http://uspto.report/TM/88065421/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 044 for Providing automated diagnostic services related to diabetic retinopathy detection from analysis of retinal images
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/00/2018 and first used in commerce at least as early as 05/00/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing automated diagnostic services related to diabetic retinopathy detection from analysis of retinal images; Medical diagnosis of diabetic retinopathy through analysis of retinal images; Medical testing for diagnostic or treatment purposes in the field of ophthalmology through analysis of retinal imagesClass 044 for Medical diagnosis of diabetic retinopathy through analysis of retinal images; Medical testing for diagnostic or treatment purposes in the field of ophthalmology through analysis of retinal images
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/00/2018 and first used in commerce at least as early as 05/00/2018 , and is now in use in such commerce.
APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: IDx, LLC, a limited liability company legally organized under the laws of Iowa, having an address of
      2300 OAKDALE BLVD
      CORALVILLE, Iowa 52241
      United States

Proposed: IDx Technologies, Inc, a corporation of Delaware, having an address of
      2300 OAKDALE BLVD
      CORALVILLE, Iowa 52241
      United States
      XXXX (authorized)

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
DR appearing in the mark means or signifies or is a term of art for diabetic retinopathy in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application. IDX appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /MWC/     Date: 05/28/2019
Signatory's Name: Matthew Coryell
Signatory's Position: Attorney of record, Iowa bar member

Signatory's Phone Number: 5152882500

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: 88065421
Internet Transmission Date: Tue May 28 15:24:24 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019052815242496
2284-88065421-6201795d0d2c0646116e659516
b1c667db7d63350be36ff1a4d254602db698e752
-N/A-N/A-20190528151444679234