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. 88079374 VISION (Stylized and/or with Design, see http://uspto.report/TM/88079374/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: VISION (Stylized and/or with Design, see http://uspto.report/TM/88079374/mark.png)
Proposed: VISION (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the word VISION with stylized lines extending around the top portion and bottom portion of the letter "O" in the word VISION.

EVIDENCE
Evidence in the nature of arguments and evidence in support of registration has been attached.
JPG file(s):
Evidence-1
Original PDF file:
evi_7680239146-20190603144037723055_._OAResp_3Dec2018.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_7680239146-20190603144037723055_._AppendixA.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 010 for Instrument and apparatus systems for diagnostic uses consisting of microfluidic flow cytometry platforms for whole cell measurement and analyses

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 (Original Class: 010 ) for Instrument and apparatus systems for diagnostic use consisting of microfluidic flow cytometry platforms comprised of cytometers, cell analyzers, and software for whole cell measurement and analyses
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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
DAVID M. KOHN
LEWIS KOHN & WALKER LLP
15030 AVENUE OF SCIENCE
SUITE 201
SAN DIEGO
California
US
92128

Proposed:
DAVID M. KOHN of LEWIS KOHN & WALKER LLP, having an address of
SUITE 201 15030 AVENUE OF SCIENCE SAN DIEGO, California 92128
United States
dkohn@lewiskohn.com;kmoyerhenry@lewiskohn.com;jlumanlan@lewiskohn.com
858-436-1330
858-436-1349
The docket/reference number is 931.304US .



SIGNATURE(S)
Response Signature
Signature: /KMH/     Date: 06/03/2019
Signatory's Name: Kari Moyer-Henry
Signatory's Position: Attorney of record, New York bar member

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.

Mailing Address:    DAVID M. KOHN
   LEWIS KOHN & WALKER LLP
   SUITE 201
   15030 AVENUE OF SCIENCE
   SAN DIEGO, California 92128
        
Serial Number: 88079374
Internet Transmission Date: Mon Jun 03 14:48:11 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019060314481125
6348-88079374-6208c1a816e8a322b97a8cf4f1
792f0cc51b61d894fa42b5df78c0bc52e0936cfd
-N/A-N/A-20190603144037723055