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 |
88187781 |
LAW OFFICE ASSIGNED |
LAW OFFICE 121 |
MARK SECTION |
MARK |
http://uspto.report/TM/88187781/mark.png |
LITERAL ELEMENT |
AIR TOUCH |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
To the best of applicant's knowledge, the term ?TOUCH? does not have any significance in the medical industry or as applied to applicant's goods;
it is also not a ?term of art? for the product within applicant's industry. The term "TOUCH" in applicant's mark is related to ease of set-up of the coil but not a physical button or touch from the
person operating the machine. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Medical software for use in MRI machines |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Medical software for use in MRI machines; Medical software for use
in operating MRI machines |
FINAL DESCRIPTION |
Medical software for use in operating MRI machines |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Marina Dostal/ |
SIGNATORY'S NAME |
Marina Dostal |
SIGNATORY'S POSITION |
Attorney of Record, NY Bar Member |
DATE SIGNED |
06/19/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jun 19 17:09:51 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XXX-
20190619170951082442-8818
7781-6201c9bbb6ff26e1363b
b5b958af1bc9a88d2cc44a41c
f3ccc3cfe3beeb4e82-N/A-N/
A-20190619165825698882 |
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.
88187781 AIR TOUCH(Standard Characters, see http://uspto.report/TM/88187781/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
To the best of applicant's knowledge, the term ?TOUCH? does not have any significance in the medical industry or as applied to applicant's goods; it is also not a ?term of art? for the product within
applicant's industry. The term "TOUCH" in applicant's mark is related to ease of set-up of the coil but not a physical button or touch from the person operating the machine.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Medical software for use in MRI machines
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 software for use in MRI machines;
Medical software for use in operating MRI
machinesClass 009 for Medical software for use in operating MRI machines
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.
SIGNATURE(S)
Response Signature
Signature: /Marina Dostal/ Date: 06/19/2019
Signatory's Name: Marina Dostal
Signatory's Position: Attorney of Record, NY Bar Member
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: 88187781
Internet Transmission Date: Wed Jun 19 17:09:51 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201906191709510
82442-88187781-6201c9bbb6ff26e1363bb5b95
8af1bc9a88d2cc44a41cf3ccc3cfe3beeb4e82-N
/A-N/A-20190619165825698882