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. 88131718 CANARY MEDICAL(Standard Characters, see http://uspto.report/TM/88131718/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Argument has been attached.
Original PDF file:
evi_38100227210-20190715185751678293_._Remarks.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Cardiovascular devices; coronary stents; heart valves; angioplasty rings; systems for in vivo cardiovascular blood pressure monitoring; systems for aneurism graph monitoring; systems for hypertension monitoring; sensors, power sources, and electronics for use in recording and transferring internal patient data to a device external to the body; systems for monitoring the integrity and function of a medical implant; joint prostheses; medical, surgical and orthopaedic implants made of artificial materials
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: Cardiovascular devices; Cardiovascular devices, namely, coronary stent grafts; coronary stents; heart valves; artificial (e.g., mammalian or mechanical) heart valves; angioplasty rings; angioplasty rings which measure blood flow, blood pressure and / or blood volume; systems for in vivo cardiovascular blood pressure monitoring; systems for in vivo cardiovascular blood pressure monitoring including one or more sensors and means for communicating or transmitting sensor data; systems for aneurism graph monitoring; systems for aneurism stent graph monitoring including one or more sensors and means for communicating or transmitting sensor data; systems for hypertension monitoring; systems for hypertension monitoring including one or more sensors and means for communicating or transmitting sensor data; sensors, power sources, and electronics for use in recording and transferring internal patient data to a device external to the body; sensors, power sources, and electronics for use in recording and transferring internal patient data to a device external to the body including one or more sensors and means for communicating or transmitting sensor data; systems for monitoring the integrity and function of a medical implant; systems for monitoring the integrity and function of a medical implant including one or more sensors and means for communicating or transmitting sensor data; joint prostheses; medical, surgical and orthopaedic implants made of artificial materialsClass 010 for Cardiovascular devices, namely, coronary stent grafts; coronary stents; artificial (e.g., mammalian or mechanical) heart valves; angioplasty rings which measure blood flow, blood pressure and / or blood volume; systems for in vivo cardiovascular blood pressure monitoring including one or more sensors and means for communicating or transmitting sensor data; systems for aneurism stent graph monitoring including one or more sensors and means for communicating or transmitting sensor data; systems for hypertension monitoring including one or more sensors and means for communicating or transmitting sensor data; sensors, power sources, and electronics for use in recording and transferring internal patient data to a device external to the body including one or more sensors and means for communicating or transmitting sensor data; systems for monitoring the integrity and function of a medical implant including one or more sensors and means for communicating or transmitting sensor data; joint prostheses; medical, surgical and orthopaedic implants made of artificial materials
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 MEDICAL apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Kevin S. Costanza/     Date: 07/15/2019
Signatory's Name: Kevin S. Costanza
Signatory's Position: Attorney for Applicant, Washington State Bar Member

Signatory's Phone Number: 206-622-4900

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: 88131718
Internet Transmission Date: Mon Jul 15 19:45:05 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201907151945054
92645-88131718-6209b6a7a49ce803b2373ed39
543537a8f01885df9614f7b8ec7995c8172622b0
b9-N/A-N/A-20190715185751678293