TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88070857 DIGIVAL(Standard Characters, see http://uspto.report/TM/88070857/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 009 for Laboratory instruments, namely, diagnostic test reader instruments for the detection of diseases; downloadable medical and laboratory software for managing diagnostic test reader data for the detection of diseases; downloadable medical and laboratory software for managing data in medical diagnostic test readers in the field of medical diagnostic testing
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: Laboratory instruments, namely, diagnostic test reader instruments for the detection of diseases; Laboratory instruments for the detection of diseases, namely, camera-based instruments for reading and interpreting lateral flow assays; downloadable medical and laboratory software for managing diagnostic test reader data for the detection of diseases; downloadable medical and laboratory software for managing data in medical diagnostic test readers in the field of medical diagnostic testing; downloadable medical and laboratory software for managing data in medical diagnostic test readers in the field of medical diagnostic testing.Class 009 for Laboratory instruments for the detection of diseases, namely, camera-based instruments for reading and interpreting lateral flow assays; downloadable medical and laboratory software for managing diagnostic test reader data for the detection of diseases; downloadable medical and laboratory software for managing data in medical diagnostic test readers in the field of medical diagnostic testing.
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: Michele H. Bowman. Michele H. Bowman of ABBOTT LABORATORIES, is located at

      100 ABBOTT PARK ROAD
      ABBOTT PARK, Illinois 60064
      US

The phone number is 224-667-5121.

The fax number is 224-667-7052.

The email address is trademarks@abbott.com

The applicants proposed attorney information: Michele H. Bowman. Other appointed attorneys are Paul D. Yasger, Anamaria E. Cashman and Elisa M. Valenzona. Michele H. Bowman of Abbott Laboratories, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      100 Abbott Park Road
      Abbott Park, Illinois 60064
      United States
The docket/reference number is GRN 6153854.

The phone number is 224-667-5121.

The fax number is 224-667-7052.

The email address is trademarks@abbott.com

Michele H. Bowman 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: MICHELE H. BOWMAN. MICHELE H. BOWMAN of ABBOTT LABORATORIES, is located at

      100 ABBOTT PARK ROAD
      ABBOTT PARK, Illinois 60064
      US

The phone number is 224-667-5121.

The fax number is 224-667-7052.

The email address is trademarks@abbott.com

The applicants proposed correspondence information: Michele H. Bowman. Michele H. Bowman of Abbott Laboratories, is located at

      100 Abbott Park Road
      Abbott Park, Illinois 60064
      United States
The docket/reference number is GRN 6153854.

The phone number is 224-667-5121.

The fax number is 224-667-7052.

The email address is trademarks@abbott.com

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Michele H. Bowman/     Date: 11/22/2019
Signatory's Name: Michele H. Bowman
Signatory's Position: Attorney of Record, Illinois Bar Member

Signatory's Phone Number: 2246675121

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    MICHELE H. BOWMAN
   ABBOTT LABORATORIES
   
   100 ABBOTT PARK ROAD
   ABBOTT PARK, Illinois 60064
Mailing Address:    Michele H. Bowman
   Abbott Laboratories
   100 Abbott Park Road
   Abbott Park, Illinois 60064
        
Serial Number: 88070857
Internet Transmission Date: Fri Nov 22 16:21:16 EST 2019
TEAS Stamp: USPTO/RFR-XXX.XX.XX.XXX-2019112216211608
9781-88070857-7005b247b3d4591219a563f1e9
59bc452cf3bca8af59fbf6533c3ce668b42bcd09
f-N/A-N/A-20191122152543893500