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. 88207786 MIDWAY SELECT (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8820778 6/large) has been amended as follows:

EVIDENCE
Evidence has been attached: Response to Office Action dated May 4, 2020
Original PDF file:
evi_72204209140-202005181 44048550291_._Midway__14_ _-_Response_to_OA_of_05-0 4-2020.pdf
Converted PDF file(s) ( 7 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for oral rinses, namely, non-medicated dental rinses; dental paste in the nature of tooth paste; tooth whitening preparations
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/27/2018 and first used in commerce at least as early as 11/27/2018 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Oral rinses, namely, non-medicated dental rinses; dental paste in the nature of tooth paste; tooth whitening preparations; tooth whitening materials; dental stain remover, namely, non-medicated cleaning solution to remove stains from dentures, bridges, orthodontic appliances; dental cement remover, namely, non-medicated cleaning solution to remove cement from dentures, bridges, inlays, onlays, orthodontic appliances, instruments; non-medicated dental general purpose cleaner, namely, used to remove buffing, other compounds and foreign matter from dentures, bridges, crowns, instruments; plaster and stone remover, namely, nonmedicated cleaning solution to remove plaster and stone from dentures, bridges, inlays, onlays, orthodontic appliances, impression trays, spatulas; alcohol for cleaning of instruments; dental polishing paste, namely, non-medicated prophylaxis paste used to clean and polish teethClass 003 for Oral rinses, namely, non-medicated dental rinses; dental paste in the nature of tooth paste; tooth whitening materials; dental stain remover, namely, non-medicated cleaning solution to remove stains from dentures, bridges, orthodontic appliances; dental cement remover, namely, non-medicated cleaning solution to remove cement from dentures, bridges, inlays, onlays, orthodontic appliances, instruments; non-medicated dental general purpose cleaner, namely, used to remove buffing, other compounds and foreign matter from dentures, bridges, crowns, instruments; plaster and stone remover, namely, nonmedicated cleaning solution to remove plaster and stone from dentures, bridges, inlays, onlays, orthodontic appliances, impression trays, spatulas; alcohol for cleaning of instruments; dental polishing paste, namely, non-medicated prophylaxis paste used to clean and polish teeth
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/27/2018 and first used in commerce at least as early as 11/27/2018 , and is now in use in such commerce.
Applicant proposes to amend the following:

Current:
Class 005 for Topical anesthetic; dental anesthetics for surgical purposes, namely, lidocaine, articaine, and mepivacaine; dental core build-up materials; dental etching gel; hemostatic gel and solution for dental purposes; composites, namely, flowable dental resins; cotton for medical purposes; gauze; orthodontic alginate for dental impressions; vinyl polysiloxane dental impression material; materials used for dental bite registration; dental tray cleaners; dental tray adhesives; evacuation system disinfectant cleaners; sanitizing surface wipes; disinfectants and disinfecting cleaner for dental purposes in surface and liquid form; autoclave disinfectant cleaners; dental tartar remover, namely, solution to remove tartar from dentures, bridges, orthodontic appliances; dental stain remover, namely, solution to remove stains from dentures, bridges, orthodontic appliances; dental cement remover, namely, solution to remove cement from dentures, bridges, inlays, onlays, orthodontic appliances, instruments; dental general purpose cleaner, namely, used to remove buffing, other compounds and foreign matter from dentures, bridges, crowns, instruments; plaster and stone remover, namely, solution to remove plaster and stone from dentures, bridges, inlays, onlays, orthodontic appliances, impression trays, spatulas; enzymatic detergent and tablets for medical purposes; alcohol for disinfection or cleaning of instruments; oral rinses, namely, dental rinses for medical purposes; dental pit and fissure sealant; dental polishing paste, namely, prophylaxis paste used to clean and polish teeth; dental varnish for use by dentists; dental wax, namely, base plate wax, boxing wax, wax strips, wax ropes; bonding agents for dental purposes; dental composite materials, namely, universal composite; flowable dental composite; materials for tooth restoration, namely, glass ionomer restorative; dental cement; materials for tooth restoration, namely, intermediate restorative material; desensitizer, namely, dental material that reduces sensitivity to pain; irrigation solutions for dental use; analgesics, namely, eugenol; endo refrigerant spray for testing pulp viality; alginate, namely, for dental impressions; alginate replacement, namely, alginate replacement for dental impressions; dental impression materials, namely, vinyl polysiloxane and putty; fluoride foam in the nature of anti-cavity coating preparations; hemostatic solution for medical purposes; alcohol used as a solvent and dehydrating agent for medical purposes; solvent
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/15/2019 and first used in commerce at least as early as 02/15/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Topical anesthetic; dental anesthetics for surgical purposes, namely, lidocaine, articaine, and mepivacaine; dental core build-up materials; dental crown and bridge provisional material; dental etching gel; hemostatic gel and solution for dental purposes; composites, namely, flowable dental resins; cotton for medical purposes; gauze; orthodontic alginate for dental impressions; vinyl polysiloxane dental impression material; materials used for dental bite registration; dental tray cleaners; dental tray adhesives; evacuation system disinfectant cleaners; sanitizing surface wipes; disinfectants and disinfecting cleaner for dental purposes in surface and liquid form; autoclave disinfectant cleaners; dental stain remover, namely, solution to remove stains from dentures, bridges, orthodontic appliances; dental tartar remover, namely, solution to remove tartar from dentures, bridges, orthodontic appliances; dental cement remover, namely, solution to remove cement from dentures, bridges, inlays, onlays, orthodontic appliances, instruments; enzymatic detergent and tablets for medical purposes; dental general purpose cleaner, namely, used to remove buffing, other compounds and foreign matter from dentures, bridges, crowns, instruments; alcohol for disinfection of dental instruments; plaster and stone remover, namely, solution to remove plaster and stone from dentures, bridges, inlays, onlays, orthodontic appliances, impression trays, spatulas; oral rinses, namely, dental rinses for medical purposes; dental pit and fissure sealant; alcohol for disinfection or cleaning of instruments; dental polishing paste, namely, medicated prophylaxis paste used to clean and polish teeth; dental varnish for use by dentists; dental wax, namely, base plate wax, boxing wax, wax strips, wax ropes; dental polishing paste, namely, prophylaxis paste used to clean and polish teeth; bonding agents for dental purposes; dental composite materials, namely, universal composite; flowable dental composite; materials for tooth restoration, namely, glass ionomer restorative; dental cement; materials for tooth restoration, namely, intermediate restorative material; desensitizer, namely, dental material in the nature of reducing hypersensitivity both topically and under a restoration; irrigation solutions for dental use; analgesics, namely, eugenol; desensitizer, namely, dental material that reduces sensitivity to pain; endodontic refrigerant spray for testing pulp vitality; alginate, namely, for dental impressions; alginate replacement, namely, alginate replacement for dental impressions; endo refrigerant spray for testing pulp viality; dental impression materials, namely, vinyl polysiloxane and putty; fluoride foam in the nature of anti-cavity coating preparations; hemostatic solution for medical purposes; alcohol used as a solvent and dehydrating agent for medical purposes; solvent, namely, dental solvents for removing zinc oxide, wax, baseplate and impression material from acrylic teeth, denture bases, hands, face, and instruments and medicated dental solvents for removing dental debris from root canals; endodontic gutta percha for filling canals after pulp removed; sponges impregnated with antiseptics; solvent; bite registration, namely, dental bite registration materialClass 005 for Topical anesthetic; dental anesthetics for surgical purposes, namely, lidocaine, articaine, and mepivacaine; dental core build-up materials; dental crown and bridge provisional material; dental etching gel; hemostatic gel and solution for dental purposes; composites, namely, flowable dental resins; cotton for medical purposes; gauze; orthodontic alginate for dental impressions; vinyl polysiloxane dental impression material; materials used for dental bite registration; dental tray cleaners; dental tray adhesives; evacuation system disinfectant cleaners; sanitizing surface wipes; disinfectants and disinfecting cleaner for dental purposes in surface and liquid form; autoclave disinfectant cleaners; dental tartar remover, namely, solution to remove tartar from dentures, bridges, orthodontic appliances; enzymatic detergent and tablets for medical purposes; alcohol for disinfection of dental instruments; oral rinses, namely, dental rinses for medical purposes; dental pit and fissure sealant; dental polishing paste, namely, medicated prophylaxis paste used to clean and polish teeth; dental varnish for use by dentists; dental wax, namely, base plate wax, boxing wax, wax strips, wax ropes; bonding agents for dental purposes; dental composite materials, namely, universal composite; flowable dental composite; materials for tooth restoration, namely, glass ionomer restorative; dental cement; materials for tooth restoration, namely, intermediate restorative material; desensitizer, namely, dental material in the nature of reducing hypersensitivity both topically and under a restoration; irrigation solutions for dental use; analgesics, namely, eugenol; endodontic refrigerant spray for testing pulp vitality; alginate, namely, for dental impressions; alginate replacement, namely, alginate replacement for dental impressions; dental impression materials, namely, vinyl polysiloxane and putty; fluoride foam in the nature of anti-cavity coating preparations; hemostatic solution for medical purposes; alcohol used as a solvent and dehydrating agent for medical purposes; solvent, namely, dental solvents for removing zinc oxide, wax, baseplate and impression material from acrylic teeth, denture bases, hands, face, and instruments and medicated dental solvents for removing dental debris from root canals; endodontic gutta percha for filling canals after pulp removed; sponges impregnated with antiseptics; bite registration, namely, dental bite registration material
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/15/2019 and first used in commerce at least as early as 02/15/2019 , and is now in use in such commerce.
Applicant proposes to amend the following:

Current:
Class 010 for Needles for medical use; articulating paper; dental burs; pre-bent applicator and dispensing tips attached to a syringe and used for applying dental materials in the mouth; disposable brushes and applicators specifically for applying dental materials in the mouth; mixing pads and wells specifically used for preparing dental materials used in the mouth; dental crowns; mixing tips for dental materials; bibs for dental use; dental tray covers for use as a protective germ shield barrier in the health care field; disposable syringes and tips; disposable filters for medical purposes used for filtering water; evacuator tips for use in dentistry; evacuator ejectors for use in dentistry; surgical aspirator tips; dental equipment, namely, curing lights, handpieces, scalers and polishers; dental finishing and polishing points and discs used to finish dental restorations; dental syringes with needle; dental syringes without needle; dental instruments, namely, irrigation needle tips; dental instruments, namely, dental bite registration mixers and tips; dental bite impression trays; dental utility syringe; digital sensor sleeves for use as a protective germ shield barrier in the health care field for use in connection with digital sensors used for taking digital dental radiographs; fitted covers for dental patient digital imaging plates, namely, digital barrier envelopes and sleeves; dental intra-oral syringe sleeves in the nature of fitted covers for dental syringes; fitted covers for dental t-lights for use as a protective germ shield barrier in the health care field; barrier cover films for use as a protective germ shield barrier in the health care field; barrier curing light sleeves in the nature of fitted covers for dental curing lights for use as a protective germ shield barrier in the health care field; tray barriers for dental trays in the nature of fitted covers for dental trays; x-ray covers in the nature of fitted covers for patient x-ray machine; autoclave pouches in the nature of pouches specifically adapted for holding instruments and other items used in the dental operatory for sterilization for medical use; medical gloves; medical masks; eyeware; medical gowns and jackets; mirror defogger, namely, for use in defogging dental mirrors; holders specially adapted for use in connection with dentures and retainers, namely, denture and retainer boxes; dental instruments, namely, prophy angles; medical trays for holding fluoride for use on dental patients; sutures; surgical blades; blade handles for surgical blades; disposable scalpels; dental bite rims; medical x-ray aprons and collars; dental bite wing tabs and loops; film holders specially adapted for medical x-rays; aspirating syringe for medical use; dental instruments, namely bur blocks for use in connection with dental burs; bib holders specifically adapted for use in connection with bibs for dental use; sponges; disposable traps used mainly to protect vacuum system when particles from the intra oral cavity are evacuated; evacuation traps used mainly to protect vacuum system when particles from the intra oral cavity are evacuated; dental device for extracting saliva from the work area in the mouth, namely HVE tips; dental device for extracting saliva from the work area in the mouth, namely, saliva ejectors; dental instruments, namely, endo files; gates glidden drills; dental instruments for removing pulp tissue during endodontic treatment, namely, barbed broaches; dental instruments, namely, endodontic paper points for removing moisture from canals; endodontic gutta percha for filling canals after pulp removed; apex locator, namely, a dental instrument for use in root canal procedures; endo aids, namely, surgical instruments for dental use; bite registration, namely, dental bite registration material; intraoral tips specifically for use in connection with attaching to the end of the mixing tips to extrude dental material intraorally; dental impression trays; disposable barriers for use as a protective germ shield barrier in the health care field; disposable medical treatment apparel; CSR wrap in the nature of sterilization wrap for sterilizing medical instruments; dental instruments, namely, dental instruments for hygiene, diagnostic, surgery, periodontal, ultrasonic scaling, endodontic, restorative and orthodontic; dental mirror heads; dental mirror handles; dental instruments, namely, dappen dishes being vessels for dental purposes; dental mixing bowls specifically adapted for use in connection with mixing dental restoration compounds; medical apparatus, namely, dispensing gun for use in dispensing dental materials; dental posts and dental drills; dental instruments, namely, retraction cord; dental apparatus, namely, disposable bite blocks; dental film positioners; x-ray diagnostic apparatus, namely, phosphor imaging plates and sensors; dental instruments for removing tartar; dental instruments for removing teeth stains; dental instruments for removing dental cement, plaster and stone; dental apparatus, namely, intra-oral curing lights; dental instruments, namely, prophy cups
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/09/2019 and first used in commerce at least as early as 05/09/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Needles for medical use; articulating paper; dental burs; pre-bent applicator and dispensing tips attached to a syringe and used for applying dental materials in the mouth; disposable brushes and applicators specifically for applying dental materials in the mouth; mixing pads and wells specifically used for preparing dental materials used in the mouth; dental accessories in the nature of mixing pads and wells specifically used for preparing dental materials used in the mouth; dental crowns; mixing tips for dental materials; dental instruments in the nature of mixing tips for dental materials; bibs for dental use; dental tray covers for use as a protective germ shield barrier in the health care field; disposable syringes and tips; disposable filters for medical purposes used for filtering water that is used in dental routine procedures and surgical procedures; disposable filters for medical purposes used for filtering water; evacuator tips for use in dentistry; evacuator ejectors for use in dentistry; surgical aspirator tips; dental equipment, namely, intra-oral curing lights, handpieces, scalers and polishers; dental equipment, namely, curing lights, handpieces, scalers and polishers; dental finishing and polishing points and discs used to finish dental restorations; dental syringes with needle; dental syringes without needle; dental instruments, namely, irrigation needle tips; dental instruments, namely, dental bite registration mixers and tips; dental bite impression trays; dental utility syringe; digital sensor sleeves for use as a protective germ shield barrier in the health care field for use in connection with digital sensors used for taking digital dental radiographs; fitted covers for dental patient digital imaging plates, namely, digital barrier envelopes and sleeves; dental intra-oral syringe sleeves in the nature of fitted covers for dental syringes; fitted covers for dental t-lights for use as a protective germ shield barrier in the health care field; barrier cover films for use as a protective germ shield barrier in the health care field; barrier curing light sleeves in the nature of fitted covers for dental curing lights for use as a protective germ shield barrier in the health care field; tray barriers for dental trays in the nature of fitted covers for dental trays; x-ray covers in the nature of fitted covers for patient x-ray machine for medical and dental use; x-ray covers in the nature of fitted covers for patient x-ray machine; autoclave pouches in the nature of pouches specifically adapted for holding instruments and other items used in the dental operatory for sterilization for medical use; medical gloves; medical masks, namely, masks used to protect individuals from spatter, fluid, and aerosols generated during the dental procedures; medical masks; magnifying glasses, for medical purposes, that fit on the user's face in the manner of eyeglasses; eyeware; medical gowns and jackets; mirror defogger, namely, for use in defogging dental mirrors; holders specially adapted for use in connection with dentures and retainers, namely, denture and retainer boxes; dental instruments, namely, prophy angles; medical trays for holding fluoride for use on dental patients; sutures; surgical blades; blade handles for surgical blades; disposable scalpels; dental bite rims; medical x-ray aprons and collars; dental bite wing tabs and loops; film holders specially adapted for medical x-rays; aspirating syringe for medical use; dental instruments, namely bur blocks for use in connection with dental burs; bib holders specifically adapted for use in connection with bibs for dental use; general purpose and surgical sponges; sponges; dental filters in the nature of evacuation traps used mainly to protect vacuum system when particles from the intra oral cavity are evacuated; disposable traps used mainly to protect vacuum system when particles from the intra oral cavity are evacuated; dental filters in the nature of evacuation traps used mainly to protect vacuum system when particles from the intra oral cavity are evacuated; evacuation traps used mainly to protect vacuum system when particles from the intra oral cavity are evacuated; dental device for extracting saliva from the work area in the mouth, namely HVE tips; dental device for extracting saliva from the work area in the mouth, namely, saliva ejectors; dental instruments, namely, endodontic files; dental instruments, namely, endo files; dental drills in the nature of gates glidden drills; gates glidden drills; dental instruments for removing pulp tissue during endodontic treatment, namely, barbed broaches; dental instruments, namely, endodontic paper points for removing moisture from canals; apex locator, namely, a dental instrument for use in root canal procedures; endodontic gutta percha for filling canals after pulp removed; endo aids, namely, surgical instruments for dental use; dental instruments in the nature of intraoral tips specifically for use in connection with attaching to the end of the mixing tips that are used to extrude dental material intraorally; dental impression trays; bite registration, namely, dental bite registration material; disposable barriers for use as a protective germ shield barrier in the health care field; intraoral tips specifically for use in connection with attaching to the end of the mixing tips to extrude dental material intraorally; disposable medical treatment apparel; CSR wrap in the nature of sterilization wrap for sterilizing medical instruments; dental instruments, namely, dental instruments for hygiene, diagnostic, surgery, periodontal, ultrasonic scaling, endodontic, restorative and orthodontic purposes all in the nature of examining, cleaning, preserving, and restoring teeth; dental mirror heads; dental mirror handles; dental instruments, namely, dental instruments for hygiene, diagnostic, surgery, periodontal, ultrasonic scaling, endodontic, restorative and orthodontic; dental instruments, namely, dappen dishes being vessels for dental purposes; dental mixing bowls specifically adapted for use in connection with mixing dental restoration compounds; medical apparatus, namely, dispensing gun for use in dispensing dental materials used in dental restorative procedures and surgery; dental posts and dental drills; dental instruments, namely, retraction cord; medical apparatus, namely, dispensing gun for use in dispensing dental materials; dental apparatus, namely, disposable bite blocks; dental film positioners; x-ray diagnostic apparatus, namely, phosphor imaging plates and sensors used for taking dental x-rays; dental instruments for removing tartar; dental instruments for removing teeth stains; x-ray diagnostic apparatus, namely, phosphor imaging plates and sensors; dental instruments for removing dental cement, plaster and stone; dental apparatus, namely, intra-oral curing lights; dental instruments, namely, prophy cupsClass 010 for Needles for medical use; articulating paper; dental burs; pre-bent applicator and dispensing tips attached to a syringe and used for applying dental materials in the mouth; disposable brushes and applicators specifically for applying dental materials in the mouth; dental accessories in the nature of mixing pads and wells specifically used for preparing dental materials used in the mouth; dental crowns; dental instruments in the nature of mixing tips for dental materials; bibs for dental use; disposable syringes and tips; disposable filters for medical purposes used for filtering water that is used in dental routine procedures and surgical procedures; evacuator tips for use in dentistry; evacuator ejectors for use in dentistry; surgical aspirator tips; dental equipment, namely, intra-oral curing lights, handpieces, scalers and polishers; dental finishing and polishing points and discs used to finish dental restorations; dental syringes with needle; dental syringes without needle; dental instruments, namely, irrigation needle tips; dental instruments, namely, dental bite registration mixers and tips; dental bite impression trays; dental utility syringe; digital sensor sleeves for use as a protective germ shield barrier in the health care field for use in connection with digital sensors used for taking digital dental radiographs; fitted covers for dental patient digital imaging plates, namely, digital barrier envelopes and sleeves; dental intra-oral syringe sleeves in the nature of fitted covers for dental syringes; fitted covers for dental t-lights for use as a protective germ shield barrier in the health care field; barrier cover films for use as a protective germ shield barrier in the health care field; barrier curing light sleeves in the nature of fitted covers for dental curing lights for use as a protective germ shield barrier in the health care field; tray barriers for dental trays in the nature of fitted covers for dental trays; x-ray covers in the nature of fitted covers for patient x-ray machine for medical and dental use; autoclave pouches in the nature of pouches specifically adapted for holding instruments and other items used in the dental operatory for sterilization for medical use; medical gloves; medical masks, namely, masks used to protect individuals from spatter, fluid, and aerosols generated during the dental procedures; magnifying glasses, for medical purposes, that fit on the user's face in the manner of eyeglasses; medical gowns and jackets; mirror defogger, namely, for use in defogging dental mirrors; holders specially adapted for use in connection with dentures and retainers, namely, denture and retainer boxes; dental instruments, namely, prophy angles; medical trays for holding fluoride for use on dental patients; sutures; surgical blades; blade handles for surgical blades; disposable scalpels; dental bite rims; medical x-ray aprons and collars; dental bite wing tabs and loops; film holders specially adapted for medical x-rays; aspirating syringe for medical use; dental instruments, namely bur blocks for use in connection with dental burs; bib holders specifically adapted for use in connection with bibs for dental use; general purpose and surgical sponges; dental filters in the nature of evacuation traps used mainly to protect vacuum system when particles from the intra oral cavity are evacuated; dental filters in the nature of evacuation traps used mainly to protect vacuum system when particles from the intra oral cavity are evacuated; dental device for extracting saliva from the work area in the mouth, namely HVE tips; dental device for extracting saliva from the work area in the mouth, namely, saliva ejectors; dental instruments, namely, endodontic files; dental drills in the nature of gates glidden drills; dental instruments for removing pulp tissue during endodontic treatment, namely, barbed broaches; dental instruments, namely, endodontic paper points for removing moisture from canals; apex locator, namely, a dental instrument for use in root canal procedures; endo aids, namely, surgical instruments for dental use; dental instruments in the nature of intraoral tips specifically for use in connection with attaching to the end of the mixing tips that are used to extrude dental material intraorally; dental impression trays; disposable barriers for use as a protective germ shield barrier in the health care field; disposable medical treatment apparel; CSR wrap in the nature of sterilization wrap for sterilizing medical instruments; dental instruments, namely, dental instruments for hygiene, diagnostic, surgery, periodontal, ultrasonic scaling, endodontic, restorative and orthodontic purposes all in the nature of examining, cleaning, preserving, and restoring teeth; dental mirror heads; dental mirror handles; dental instruments, namely, dappen dishes being vessels for dental purposes; dental mixing bowls specifically adapted for use in connection with mixing dental restoration compounds; medical apparatus, namely, dispensing gun for use in dispensing dental materials used in dental restorative procedures and surgery; dental posts and dental drills; dental instruments, namely, retraction cord; dental apparatus, namely, disposable bite blocks; dental film positioners; x-ray diagnostic apparatus, namely, phosphor imaging plates and sensors used for taking dental x-rays; dental instruments for removing tartar; dental instruments for removing teeth stains; dental instruments for removing dental cement, plaster and stone; dental apparatus, namely, intra-oral curing lights; dental instruments, namely, prophy cups
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/09/2019 and first used in commerce at least as early as 05/09/2019 , and is now in use in such commerce.
Applicant proposes to amend the following:

Current:
Class 016 for Headrest covers for dental chairs; chair covers for dental chairs; digital barrier envelopes
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/15/2019 and first used in commerce at least as early as 05/15/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Headrest covers for dental chairs; Paper (tissue/poly blend) for use as headrest covers for dental chairs; chair covers for dental chairs; copolymer plastic for use as headrest covers for dental chairs for use as a protective germ shield barrier in the health care field; paper for use as chair covers for dental chairs; copolymer plastic chair covers for dental chairs for use as a protective germ shield barrier in the health care field; digital barrier envelopes; dental tray covers made of paperClass 016 for Paper (tissue/poly blend) for use as headrest covers for dental chairs; copolymer plastic for use as headrest covers for dental chairs for use as a protective germ shield barrier in the health care field; paper for use as chair covers for dental chairs; copolymer plastic chair covers for dental chairs for use as a protective germ shield barrier in the health care field; digital barrier envelopes; dental tray covers made of paper
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/15/2019 and first used in commerce at least as early as 05/15/2019 , and is now in use in such commerce.
Applicant proposes to amend the following:

Current:
Class 021 for Plastic cups; swabs and sponges for cleaning medical instruments; dental floss; flossing aids, namely, toothpicks and dental floss picks; toothbrushes; drinking cups
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/15/2019 and first used in commerce at least as early as 05/15/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Plastic cups; swabs and sponges for cleaning medical instruments; dental floss; flossing aids, namely, toothpicks and dental floss picks; toothbrushes; drinking cups; sponges for cleaning dental instrumentsClass 021 for Plastic cups; swabs and sponges for cleaning medical instruments; dental floss; flossing aids, namely, toothpicks and dental floss picks; toothbrushes; drinking cups; sponges for cleaning dental instruments
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/15/2019 and first used in commerce at least as early as 05/15/2019 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Midway Dental Supply Detroit, LLC, a limited liability company legally organized under the laws of Michigan, having an address of
      32553 Schoolcraft Road
      Livonia, Michigan 48150
      United States

Proposed: Midway Dental Supply, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      32553 Schoolcraft Road
      Livonia, Michigan 48150
      United States
      Email Address: XXXX
Correspondence Information (current):
      Daniel H. Bliss
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@h2law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dhb@h2law.com; ag@h2law.com

The docket/reference number is 112939.00014.
Correspondence Information (proposed):
      Daniel H. Bliss
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@h2law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dhb@h2law.com; ag@h2law.com

The docket/reference number is 112939.00014.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Daniel H. Bliss/     Date: 05/18/2020
Signatory's Name: Daniel H. Bliss
Signatory's Position: Attorney of Record, Michigan Bar Member

Signatory's Phone Number: 702-257-1483

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Daniel H. Bliss
   HOWARD & HOWARD ATTORNEYS PLLC
   
   450 WEST FOURTH STREET
   ROYAL OAK, Michigan 48067
Mailing Address:    Daniel H. Bliss
   HOWARD & HOWARD ATTORNEYS PLLC
   450 WEST FOURTH STREET
   ROYAL OAK, Michigan 48067
        
Serial Number: 88207786
Internet Transmission Date: Mon May 18 17:49:07 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202005181749071
60618-88207786-71027efb04bd5a06bba562abc
88a358a58c758f37f93228c63b377805c422372b
4-N/A-N/A-20200518155930525142