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

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER88097561
LAW OFFICE ASSIGNEDLAW OFFICE 116
MARK SECTION
MARK FILE NAME https://tmng-al.uspto.gov/resting2/api/img/88097561/large
LITERAL ELEMENT AMERICAN COLLEGE OF CARDIOLOGY ELECTROPHYSIOLOGY
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)		The color(s) teal, blue and white is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of the words AMERICAN COLLEGE OF CARDIOLOGY ELECTROPHYSIOLOGY and design.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASSB
DESCRIPTIONMedical services in the field of cardiovascular care
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASSB
DESCRIPTIONMedical services in the field of cardiovascular care
FILING BASISSection 1(b)
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use ELECTROPHYSIOLOGY apart from the mark as shown.
DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of a white circle outlined in teal with a blue band at the top with the wording AMERICAN COLLEGE OF CARDIOLOGY in white letters in the band and ELECTROPHYSIOLOGY in teal letters at the bottom, with a teal circle in the center with a teal design of a heart monitor attached to a person's chest in the center.
MISCELLANEOUS STATEMENT Applicant respectfully submits that the registrations cited in its 2(f) claim are sufficiently similar to those identified in the pending application.
SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)AMERICAN COLLEGE OF CARDIOLOGY has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 2876268; 2878471
SIGNATURE SECTION
       ORIGINAL PDF FILEHS_19294203253-125925856_._aration_to_Perfect_Application__POA_-_ITU__executed_3.15.19_.pdf
       CONVERTED PDF FILE(S)
       (2 pages) 		\\TICRS\EXPORT17\IMAGEOUT17\880\975\88097561\xml7\ROA0002.JPG
       \\TICRS\EXPORT17\IMAGEOUT17\880\975\88097561\xml7\ROA0003.JPG
SIGNATORY'S NAME Lisa M. Hix
SIGNATORY'S POSITION General Counsel
RESPONSE SIGNATURE /Sean T. Phelan/
SIGNATORY'S NAME Sean T. Phelan
SIGNATORY'S POSITION Attorney of record, D.C. and Massachusetts bar member
SIGNATORY'S PHONE NUMBER (202) 344-4459
DATE SIGNED 03/15/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Mar 15 13:03:35 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20190315130335724166-8809
7561-6206c42cf695b8b15481
4b9a0887bd8ce7cdf1a8ce8b1
fb50c4f7939ca658226-N/A-N
/A-20190315125925856519


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. 88097561 AMERICAN COLLEGE OF CARDIOLOGY ELECTROPHYSIOLOGY (Stylized and/or with Design, see https://tmng-al.uspto.gov/resting2/api/img/88097561/large) 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 B for Medical services in the field of cardiovascular care
Original Filing Basis:
Proposed: Class B for Medical services in the field of cardiovascular care
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use ELECTROPHYSIOLOGY apart from the mark as shown.


Description of mark
The mark consists of a white circle outlined in teal with a blue band at the top with the wording AMERICAN COLLEGE OF CARDIOLOGY in white letters in the band and ELECTROPHYSIOLOGY in teal letters at the bottom, with a teal circle in the center with a teal design of a heart monitor attached to a person's chest in the center.

Miscellaneous Statement
Applicant respectfully submits that the registrations cited in its 2(f) claim are sufficiently similar to those identified in the pending application.


SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
AMERICAN COLLEGE OF CARDIOLOGY has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 2876268; 2878471


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_19294203253-125925856_._aration_to_Perfect_Application__POA_-_ITU__executed_3.15.19_.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: Lisa M. Hix
Signatory's Position: General Counsel

Response Signature
Signature: /Sean T. Phelan/     Date: 03/15/2019
Signatory's Name: Sean T. Phelan
Signatory's Position: Attorney of record, D.C. and Massachusetts bar member

Signatory's Phone Number: (202) 344-4459

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: 88097561
Internet Transmission Date: Fri Mar 15 13:03:35 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201903151303357
24166-88097561-6206c42cf695b8b154814b9a0
887bd8ce7cdf1a8ce8b1fb50c4f7939ca658226-
N/A-N/A-20190315125925856519