Response to Office Action

CATS

CATS TONOMETER, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88105970
LAW OFFICE ASSIGNED LAW OFFICE 109
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88105970/mark.png
LITERAL ELEMENT CATS
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
ARGUMENT(S)
Please see the argument text in the file attached in the Evidence section
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_3829194254-20190626151317408788_._88105970_Response.pdf
       CONVERTED PDF FILE(S)
       (10 pages)
\\TICRS\EXPORT17\IMAGEOUT17\881\059\88105970\xml5\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\059\88105970\xml5\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\059\88105970\xml5\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\059\88105970\xml5\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\059\88105970\xml5\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\059\88105970\xml5\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\059\88105970\xml5\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\059\88105970\xml5\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\059\88105970\xml5\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\059\88105970\xml5\ROA0011.JPG
DESCRIPTION OF EVIDENCE FILE response text and one exhibit
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 010
DESCRIPTION
Tonometers; tonometer prisms; applanation tonometers; and parts and fittings thereof
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 010
TRACKED TEXT DESCRIPTION
Tonometers; tonometer prisms; applanation tonometers; and parts and fittings thereof; and structural parts therefor
FINAL DESCRIPTION
Tonometers; tonometer prisms; applanation tonometers; and structural parts therefor
FILING BASIS Section 1(b)
CORRESPONDENCE SECTION
ORIGINAL ADDRESS YAKOV SIDORIN, PH.D.
QUARLES & BRADY LLP
ONE SOUTH CHURCH AVE.
SUITE 1700
TUCSON
Arizona
US
85701
NEW CORRESPONDENCE SECTION
NAME YAKOV SIDORIN, PH.D. (ARIZONA BAR MEMBER)
FIRM NAME QUARLES & BRADY LLP
DOCKET/REFERENCE NUMBER 157691.tbd
INTERNAL ADDRESS SUITE 1700
STREET ONE SOUTH CHURCH AVE.
CITY TUCSON
STATE Arizona
ZIP/POSTAL CODE 85701
COUNTRY United States
PHONE 414-277-5000
EMAIL tm-dept@quarles.com;yakov.sidorin@quarles.com;michael.curley@quarles.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Michael J. Curley/
SIGNATORY'S NAME Michael J Curley
SIGNATORY'S POSITION Attorney of Record - Arizona Bar Member
SIGNATORY'S PHONE NUMBER 5207708768
DATE SIGNED 06/26/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jun 26 15:17:58 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0190626151758414283-88105
970-620f9704cb413465041b7
3146f5d1949358ee4442be2ef
526beaf9a2db63ea6cb-N/A-N
/A-20190626151317408788



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. 88105970 CATS (Stylized and/or with Design, see http://uspto.report/TM/88105970/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the argument text in the file attached in the Evidence section

EVIDENCE
Evidence in the nature of response text and one exhibit has been attached.
Original PDF file:
evi_3829194254-20190626151317408788_._88105970_Response.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Tonometers; tonometer prisms; applanation tonometers; and parts and fittings thereof
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: Tonometers; tonometer prisms; applanation tonometers; and parts and fittings thereof; and structural parts thereforClass 010 for Tonometers; tonometer prisms; applanation tonometers; and structural parts therefor
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:
YAKOV SIDORIN, PH.D.
QUARLES & BRADY LLP
ONE SOUTH CHURCH AVE.
SUITE 1700
TUCSON
Arizona
US
85701

Proposed:
YAKOV SIDORIN, PH.D. (ARIZONA BAR MEMBER) of QUARLES & BRADY LLP, having an address of
SUITE 1700 ONE SOUTH CHURCH AVE. TUCSON, Arizona 85701
United States
tm-dept@quarles.com;yakov.sidorin@quarles.com;michael.curley@quarles.com
414-277-5000
The docket/reference number is 157691.tbd .



SIGNATURE(S)
Response Signature
Signature: /Michael J. Curley/     Date: 06/26/2019
Signatory's Name: Michael J Curley
Signatory's Position: Attorney of Record - Arizona Bar Member

Signatory's Phone Number: 5207708768

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:    YAKOV SIDORIN, PH.D. (ARIZONA BAR MEMBER)
   QUARLES & BRADY LLP
   SUITE 1700
   ONE SOUTH CHURCH AVE.
   TUCSON, Arizona 85701
        
Serial Number: 88105970
Internet Transmission Date: Wed Jun 26 15:17:58 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019062615175841
4283-88105970-620f9704cb413465041b73146f
5d1949358ee4442be2ef526beaf9a2db63ea6cb-
N/A-N/A-20190626151317408788


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