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. 88165616 OCUITY PQ(Standard Characters, see http://uspto.report/TM/88165616/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Software for use in connection with medical diagnostic eye care devices; Software for use in connection with medical imaging devices for eyes

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical imaging apparatus, namely, retinal segment camera and system for use therewith, sold as a unit comprised of a camera, tablet computer, dock and operating software in the field of eye care; Eye care medical devices, namely, eye testing machines; Medical diagnostic eye care devices, namely, medical imaging device for eyes; Medical imaging devices for eyes
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: Medical imaging apparatus, namely, retinal segment camera and system for use therewith, sold as a unit comprised of a camera, tablet computer, dock and operating software in the field of eye care; Medical imaging apparatus, namely, ophthalmic cameras for medical purposes in the nature of a retinal segment camera and system for use therewith, sold as a unit comprised of a camera, tablet computer, dock and operating software in the field of eye care; Eye care medical devices, namely, eye testing machines; Medical diagnostic eye care devices, namely, medical imaging device for eyes; Medical imaging devices for eyesClass 010 for Medical imaging apparatus, namely, ophthalmic cameras for medical purposes in the nature of a retinal segment camera and system for use therewith, sold as a unit comprised of a camera, tablet computer, dock and operating software in the field of eye care; Eye care medical devices, namely, eye testing machines; Medical diagnostic eye care devices, namely, medical imaging device for eyes; Medical imaging devices for eyes
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing temporary use of non-downloadable cloud-based software for use in connection with medical diagnostic eye care devices and medical imaging devices for eyes
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: Providing temporary use of non-downloadable cloud-based software for use in connection with medical diagnostic eye care devices and medical imaging devices for eyes; Providing temporary use of non-downloadable cloud-based software for viewing, editing, and manipulating images for use in connection with medical diagnostic eye care devices and medical imaging devices for eyesClass 042 for Providing temporary use of non-downloadable cloud-based software for viewing, editing, and manipulating images for use in connection with medical diagnostic eye care devices and medical imaging devices for eyes
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
Significance of wording, letter(s), or numeral(s)
PQ appearing in the mark means or signifies or is a term of art for Applicant is not aware of whether the letters PQ are a term of art within the applicant's industry. However, the applicant has assigned its own significance to these letters. P stands for Posterior and Applicant has assigned the following meaning to the combined use of PQ, namely, "Posterior Intelligence." Applicant has coined "Posterior Intelligence" for the letters PQ in the same way that EQ is used to refer to emotional intelligence. in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application.


SIGNATURE(S)
Response Signature
Signature: /Rachel Jacques/     Date: 05/02/2019
Signatory's Name: Rachel Jacques
Signatory's Position: Attorney of Record, Utah Bar Member

Signatory's Phone Number: 4352521360

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: 88165616
Internet Transmission Date: Thu May 02 16:53:55 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201905021653555
72979-88165616-62021ef65e714db5dc3af4206
e33858a86a926742a5cca10a91ab9d5487b88992
-N/A-N/A-20190502163903556633