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 |
88224452 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK |
http://uspto.report/TM/88224452/mark.png |
LITERAL ELEMENT |
IMOD |
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. |
GOODS AND/OR SERVICES SECTION (010)(current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Medical apparatus and instruments; medical apparatus and instruments for use in supplying gases; medical oxygen supply equipment;
oxygen monitors, oxygen conservers and oxygen concentrators for medical use; apparatus for monitoring oxygen saturation in the blood; parts and fittings for all the aforesaid goods; regulators,
valves and actuators for medical gas supply equipment and gas cylinders; oxygen masks and nasal cannulas |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017921039 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
06/20/2018 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
017921039 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
11/01/2018 |
FOREIGN EXPIRATION DATE |
06/20/2028 |
GOODS AND/OR SERVICES SECTION (010)(proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Medical apparatus and instruments; Medical apparatus and
instruments for use in supplying gases, namely, medical oxygen supply equipment; medical apparatus and instruments for use in supplying gases;
oxygen monitors, oxygen conservers and oxygen concentrators for medical use; medical oxygen supply equipment; monitors for monitoring oxygen saturation in the blood; structural parts and fittings for all the aforesaid goods; apparatus for monitoring oxygen saturation in the blood; medical apparatus and instruments for use in supplying gases, namely, regulators, valves and
actuators for medical gas supply equipment and gas cylinders; parts and fittings for all the aforesaid goods; oxygen
masks and nasal cannulas for medical purposes; regulators, valves and actuators for medical gas supply equipment and gas cylinders; oxygen masks and nasal cannulas |
FINAL DESCRIPTION |
Medical apparatus and instruments for use in supplying gases, namely, medical oxygen supply equipment; oxygen monitors, oxygen
conservers and oxygen concentrators for medical use; monitors for monitoring oxygen saturation in the blood; structural parts and fittings for all the aforesaid goods; medical apparatus and
instruments for use in supplying gases, namely, regulators, valves and actuators for medical gas supply equipment and gas cylinders; oxygen masks and nasal cannulas for medical purposes |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017921039 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
06/20/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
017921039 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
11/01/2018 |
FOREIGN EXPIRATION DATE |
06/20/2028 |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Research, design and development services relating to medical apparatus and instruments; technical support services relating to medical
apparatus and instruments |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017921039 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
06/20/2018 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
017921039 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
11/01/2018 |
FOREIGN EXPIRATION DATE |
06/20/2028 |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Research, design and development services relating to medical apparatus and instruments;
Product research, design and development services relating to medical apparatus and instruments; technical support services
relating to medical apparatus and instruments; technical support services, namely, troubleshooting in the nature of diagnosing problems with medical apparatus
and instruments |
FINAL DESCRIPTION |
Product research, design and development services relating to medical apparatus and instruments; technical support services, namely,
troubleshooting in the nature of diagnosing problems with medical apparatus and instruments |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017921039 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
06/20/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
017921039 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
11/01/2018 |
FOREIGN EXPIRATION DATE |
06/20/2028 |
ADDITIONAL STATEMENTS SECTION |
SIGNIFICANCE OF MARK |
IMOD appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the
goods/services/collective membership organization listed in the application, or any geographical significance. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Jeffrey R. Gray/ |
SIGNATORY'S NAME |
Jeffrey R. Gray |
SIGNATORY'S POSITION |
Attorney of Record, Ilinois Bar Member |
SIGNATORY'S PHONE NUMBER |
312-214-4807 |
DATE SIGNED |
06/04/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Jun 04 17:03:45 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XXX-20
190604170345606834-882244
52-62096c036d86b56a3f0a01
c567872924cdc71acfd981d24
5265d780422911917-N/A-N/A
-20190604164735034635 |
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.
88224452 IMOD(Standard Characters, see http://uspto.report/TM/88224452/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical apparatus and instruments; medical apparatus and instruments for use in supplying gases; medical oxygen supply equipment; oxygen monitors, oxygen conservers and
oxygen concentrators for medical use; apparatus for monitoring oxygen saturation in the blood; parts and fittings for all the aforesaid goods; regulators, valves and actuators for medical gas supply
equipment and gas cylinders; oxygen masks and nasal cannulas
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 017921039 filed 06/20/2018]. 15 U.S.C.Section
1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017921039
registered 11/01/2018 with a renewal date of __________ and an expiration date of 06/20/2028 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Medical apparatus and instruments;
Medical apparatus and instruments for use in supplying gases,
namely, medical oxygen supply equipment;
medical apparatus and instruments for use in supplying gases;
oxygen monitors, oxygen
conservers and oxygen concentrators for medical use;
medical oxygen supply equipment;
monitors for monitoring oxygen
saturation in the blood;
structural parts and fittings for all the aforesaid goods;
apparatus for monitoring oxygen
saturation in the blood;
medical apparatus and instruments for use in supplying gases, namely, regulators, valves and actuators for medical gas supply equipment
and gas cylinders;
parts and fittings for all the aforesaid goods;
oxygen masks and nasal cannulas for medical
purposes;
regulators, valves and actuators for medical gas supply equipment and gas cylinders;
oxygen masks and nasal
cannulasClass 010 for Medical apparatus and instruments for use in supplying gases, namely, medical oxygen supply equipment; oxygen monitors, oxygen conservers and oxygen concentrators for
medical use; monitors for monitoring oxygen saturation in the blood; structural parts and fittings for all the aforesaid goods; medical apparatus and instruments for use in supplying gases, namely,
regulators, valves and actuators for medical gas supply equipment and gas cylinders; oxygen masks and nasal cannulas for medical purposes
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 017921039 filed
06/20/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017921039
registered 11/01/2018 with a renewal date of __________ and an expiration date of 06/20/2028 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or 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 Research, design and development services relating to medical apparatus and instruments; technical support services relating to medical apparatus and instruments
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 017921039 filed 06/20/2018]. 15 U.S.C.Section
1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017921039
registered 11/01/2018 with a renewal date of __________ and an expiration date of 06/20/2028 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Research, design and development services relating to medical apparatus and instruments;
Product
research, design and development services relating to medical apparatus and instruments;
technical support services relating to medical apparatus and
instruments;
technical support services, namely, troubleshooting in the nature of diagnosing problems with medical apparatus and instrumentsClass 042 for
Product research, design and development services relating to medical apparatus and instruments; technical support services, namely, troubleshooting in the nature of diagnosing problems with medical
apparatus and instruments
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 017921039 filed
06/20/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017921039
registered 11/01/2018 with a renewal date of __________ and an expiration date of 06/20/2028 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
IMOD appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in
the application, or any geographical significance.
SIGNATURE(S)
Response Signature
Signature: /Jeffrey R. Gray/ Date: 06/04/2019
Signatory's Name: Jeffrey R. Gray
Signatory's Position: Attorney of Record, Ilinois Bar Member
Signatory's Phone Number: 312-214-4807
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: 88224452
Internet Transmission Date: Tue Jun 04 17:03:45 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190604170345606
834-88224452-62096c036d86b56a3f0a01c5678
72924cdc71acfd981d245265d780422911917-N/
A-N/A-20190604164735034635