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 |
88184905 |
LAW OFFICE ASSIGNED |
LAW OFFICE 105 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88184905/mark.png |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a line drawing of a bird. |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_38100227210-20190715190443898562_._Remarks.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\881\849\88184905\xml8\ROA0002.JPG |
DESCRIPTION OF EVIDENCE FILE |
Argument |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
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 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
010 |
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 materials |
FINAL DESCRIPTION |
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) |
ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the design of a bird designated by the color white against a contrasting background designated by the color black. Color
is not claimed in the mark. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Kevin S. Costanza/ |
SIGNATORY'S NAME |
Kevin S. Costanza |
SIGNATORY'S POSITION |
Attorney for Applicant, Washington State Bar Member |
SIGNATORY'S PHONE NUMBER |
206-622-4900 |
DATE SIGNED |
07/15/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Jul 15 19:46:12 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20190715194612028770-8818
4905-620aac21af85c1c68619
a5bb81eaf1966ba12e1d6d1d9
27f8a58cfdfa8b5fee14-N/A-
N/A-20190715190443898562 |
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.
88184905 (Stylized and/or with Design, see http://uspto.report/TM/88184905/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_38100227210-20190715190443898562_._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
Description of mark
The mark consists of the design of a bird designated by the color white against a contrasting background designated by the color black. Color is not claimed in the mark.
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: 88184905
Internet Transmission Date: Mon Jul 15 19:46:12 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201907151946120
28770-88184905-620aac21af85c1c68619a5bb8
1eaf1966ba12e1d6d1d927f8a58cfdfa8b5fee14
-N/A-N/A-20190715190443898562