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. 88066851 CHECKUP (Stylized and/or with Design, see http://uspto.report/TM/88066851/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 028 for manually operated exercise equipment, namely, elastomeric materials which provide resistance through elongation, namely, resistance bands used to tone muscles, resistance bands for exercise, fitness bands for resistance training

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for medical products, namely, surgical dressings, wound dressings, gauze for dressings, adhesive plasters, adhesive bandages, adhesive tapes, prepared bandages for dressings, gauze bandages for surgical and medical use, footcare products, namely, foot plasters for medical purposes, felt pads for medical purposes and foam pads for medical purposes, namely, felt pads and foam pads for use with wounds, either alone, or with medical dressings, to help absorb ointment/solution for the wound, foot pads for medical purposes, corn plasters, bunion plasters, and antifriction pads to prevent pain and abrasion on pressure points, such as the heel, by providing padding, and nutritional supplements; wound care products and medical supplies, namely, adhesive strips for closing wounds or incisions, wound dressings, wound closure bandages, gauze bandages; medicated disposable wipes impregnated with moisturizers and germicides; and wound dressings in the nature of sponges and sterile pads; medicated pre-moistened towelettes; pre-moistened towelettes with disinfecting preparations used for sanitary purposes; cotton for medical purposes; applicators for medical purposes for use in applying ointments and liquids to the skin, namely, cotton tip applicators made of wood or plastic shaft; burn dressings; cotton sticks for medical purposes; adhesive tapes and bandages for veterinary use; antiseptic preparations; isopropyl alcohol for medical 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: medical products, namely, surgical dressings, wound dressings, gauze for dressings, adhesive plasters, adhesive bandages, adhesive tapes, prepared bandages for dressings, gauze bandages for surgical and medical use, footcare products, namely, foot plasters for medical purposes, felt pads for medical purposes and foam pads for medical purposes, namely, felt pads and foam pads for use with wounds, either alone, or with medical dressings, to help absorb ointment/solution for the wound, foot pads for medical purposes, corn plasters, bunion plasters, and antifriction pads to prevent pain and abrasion on pressure points, such as the heel, by providing padding, and nutritional supplements; medical products, namely, surgical dressings, wound dressings, gauze for dressings, adhesive plasters, adhesive bandages, adhesive tapes, prepared bandages for dressings, gauze bandages for surgical and medical use, footcare products, namely, foot plasters for medical purposes, felt pads for medical purposes and foam pads for medical purposes, namely, felt pads and foam pads for use with wounds, either alone, or with medical dressings, to help absorb ointment/solution for the wound, corn plasters, bunion plasters, and antifriction pads to prevent pain and abrasion on pressure points, such as the heel, by providing padding, and nutritional supplements; wound care products and medical supplies, namely, adhesive strips for closing wounds or incisions, wound dressings, wound closure bandages, gauze bandages; medicated disposable wipes impregnated with moisturizers and germicides; and wound dressings in the nature of sponges and sterile pads; medicated pre-moistened towelettes; pre-moistened towelettes with disinfecting preparations used for sanitary purposes; cotton for medical purposes; applicators for medical purposes for use in applying ointments and liquids to the skin, namely, cotton tip applicators made of wood or plastic shaft; burn dressings; cotton sticks for medical purposes; adhesive tapes and bandages for veterinary use; antiseptic preparations; isopropyl alcohol for medical useClass 005 for medical products, namely, surgical dressings, wound dressings, gauze for dressings, adhesive plasters, adhesive bandages, adhesive tapes, prepared bandages for dressings, gauze bandages for surgical and medical use, footcare products, namely, foot plasters for medical purposes, felt pads for medical purposes and foam pads for medical purposes, namely, felt pads and foam pads for use with wounds, either alone, or with medical dressings, to help absorb ointment/solution for the wound, corn plasters, bunion plasters, and antifriction pads to prevent pain and abrasion on pressure points, such as the heel, by providing padding, and nutritional supplements; wound care products and medical supplies, namely, adhesive strips for closing wounds or incisions, wound dressings, wound closure bandages, gauze bandages; medicated disposable wipes impregnated with moisturizers and germicides; and wound dressings in the nature of sponges and sterile pads; medicated pre-moistened towelettes; pre-moistened towelettes with disinfecting preparations used for sanitary purposes; cotton for medical purposes; applicators for medical purposes for use in applying ointments and liquids to the skin, namely, cotton tip applicators made of wood or plastic shaft; burn dressings; cotton sticks for medical purposes; adhesive tapes and bandages for veterinary use; antiseptic preparations; isopropyl alcohol for medical 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for elastic bandages, plaster casts and support bandages for orthopedic purposes for use under splints; surgical caps, gowns, masks, scrub suits and shoe covers; speculums; surgical sponges; surgical abdominal towels for medical use; tongue depressors; medical diagnostic equipment, namely, stethoscopes, sphygmomanometers and eye charts; and sundry medical items, namely, alcohol dispensers, namely, plastic containers filled with rubbing alcohol which offer a variety of dispensing options for the care practitioner; fracture kits, comprised of weatherproof nylon carry bag, one adult arm splint, one adult leg splint, one child arm splint, one child leg splint and one arm/shoulder immobilizer; linen tape measures used for body measurement, wound measurement and water retention measurement; eye testing machines and apparatus comprised of metal cabinet with baked enamel finish, carry handle and power cord; first aid kit containing sterile adhesive bandages, sterile gauze bandages, gauze pad, absorbent cotton, adhesive tape, and antiseptic unit; Surgical scrub tops, pants and hats; otoscopes and covers therefor, namely, a disposable plastic sheath that goes over the permanent end of the otoscope; blood pressure monitors; medical endoscopes; thermometers for medical use; walkers to aid in mobility; crutches; pill and tablet cutters and crushers; medical apparatus, namely, continuous positive airway pressure (CPAP) devices; medical diagnostic kits containing otoscopes and ophthalmoscopes
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: elastic bandages, plaster casts and support bandages for orthopedic purposes for use under splints; surgical caps, gowns, masks, scrub suits and shoe covers; speculums; surgical sponges; surgical abdominal towels for medical use; tongue depressors; medical diagnostic equipment, namely, stethoscopes, sphygmomanometers and eye charts; and sundry medical items, namely, alcohol dispensers, namely, plastic containers filled with rubbing alcohol which offer a variety of dispensing options for the care practitioner; and sundry medical items, namely, alcohol dispensers for medical use in the nature of plastic containers filled with rubbing alcohol which offer a variety of dispensing options for the care practitioner; fracture kits, comprised of weatherproof nylon carry bag, one adult arm splint, one adult leg splint, one child arm splint, one child leg splint and one arm/shoulder immobilizer; linen tape measures used for body measurement, wound measurement and water retention measurement; eye testing machines and apparatus comprised of metal cabinet with baked enamel finish, carry handle and power cord; first aid kit containing sterile adhesive bandages, sterile gauze bandages, gauze pad, absorbent cotton, adhesive tape, and antiseptic unit; Surgical scrub tops, pants and hats; otoscopes and covers therefor, namely, a disposable plastic sheath that goes over the permanent end of the otoscope; blood pressure monitors; medical endoscopes; thermometers for medical use; walkers to aid in mobility; crutches; pill and tablet cutters and crushers; medical apparatus, namely, continuous positive airway pressure (CPAP) devices; medical diagnostic kits containing otoscopes and ophthalmoscopesClass 010 for elastic bandages, plaster casts and support bandages for orthopedic purposes for use under splints; surgical caps, gowns, masks, scrub suits and shoe covers; speculums; surgical sponges; surgical abdominal towels for medical use; tongue depressors; medical diagnostic equipment, namely, stethoscopes, sphygmomanometers and eye charts; and sundry medical items, namely, alcohol dispensers for medical use in the nature of plastic containers filled with rubbing alcohol which offer a variety of dispensing options for the care practitioner; fracture kits, comprised of weatherproof nylon carry bag, one adult arm splint, one adult leg splint, one child arm splint, one child leg splint and one arm/shoulder immobilizer; linen tape measures used for body measurement, wound measurement and water retention measurement; eye testing machines and apparatus comprised of metal cabinet with baked enamel finish, carry handle and power cord; first aid kit containing sterile adhesive bandages, sterile gauze bandages, gauze pad, absorbent cotton, adhesive tape, and antiseptic unit; Surgical scrub tops, pants and hats; otoscopes and covers therefor, namely, a disposable plastic sheath that goes over the permanent end of the otoscope; blood pressure monitors; medical endoscopes; thermometers for medical use; walkers to aid in mobility; crutches; pill and tablet cutters and crushers; medical apparatus, namely, continuous positive airway pressure (CPAP) devices; medical diagnostic kits containing otoscopes and ophthalmoscopes
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.

The applicant's current attorney information: Douglas A. Miro. Douglas A. Miro of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      US
The docket/reference number is 30930/0054.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

The applicants proposed attorney information: Douglas A. Miro. Other appointed attorneys are Daniel Ebenstein, Philip H. Gottfried, Neil M. Zipkin, Anthony F. Lo Cicero, Kenneth P. George, Chester Rothstein, Craig J. Arnold, Charles R. Macedo, Brian Comack, Max Vern, Holly Pekowsky, Douglas A. Miro, Richard S. Mandaro, Marc J. Jason, Matthieu Hausig, Alan Miller, Marion Metelski, Benjamin Charkow, Mark Berkowitz, Suzue Fujimori, Brian Amos, Hajime Sakai, David P. Goldberg, Sandra Hudak, Tuvia Rotberg, Dexter Chang, Keith J. Barkaus, Michael R. Jones and Christopher Lisiewski. Douglas A. Miro of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      United States
The docket/reference number is 30930/0054.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

Douglas A. Miro 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.
The applicant's current correspondence information: DOUGLAS A. MIRO. DOUGLAS A. MIRO of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      US
The docket/reference number is 30930/0054.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

The applicants proposed correspondence information: Douglas A. Miro. Douglas A. Miro of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      United States
The docket/reference number is 30930/0054.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

SIGNATURE(S)
Response Signature
Signature: /Douglas A. Miro, Esq./     Date: 09/13/2019
Signatory's Name: Douglas A. Miro, Esq.
Signatory's Position: attorney of record; New York State Bar member

Signatory's Phone Number: 212 336 8000

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:    DOUGLAS A. MIRO
   AMSTER, ROTHSTEIN & EBENSTEIN LLP
   
   90 PARK AVENUE
   NEW YORK, New York 10016
Mailing Address:    Douglas A. Miro
   AMSTER, ROTHSTEIN & EBENSTEIN LLP
   90 PARK AVENUE
   NEW YORK, New York 10016
        
Serial Number: 88066851
Internet Transmission Date: Fri Sep 13 10:40:32 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190913104032
440269-88066851-6105e7b30b6ed4d4e53aafe5
5848c5242fa6fcaf1b1198f4c89428ca443d49f-
N/A-N/A-20190913103804527298