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 |
88230205 |
LAW OFFICE ASSIGNED |
LAW OFFICE 122 |
MARK SECTION |
MARK |
http://uspto.report/TM/88230205/mark.png |
LITERAL ELEMENT |
PHENOM |
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) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_982217206-20190404143116544924_._trademarkresponsephenom.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\302\88230205\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\302\88230205\xml4\ROA0003.JPG |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Medical and surgical implants, apparatus and instruments for use in surgery, including spinal and orthopedic products and related
accessories |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Medical and surgical implants, apparatus and instruments for use in surgery, including spinal and
orthopedic products and related accessories; Medical and surgical implants comprising artificial material; medical apparatus
and instruments for use in surgery, including spinal and orthopedic products and related accessories |
FINAL DESCRIPTION |
Medical and surgical implants comprising artificial material; medical apparatus and instruments for use in surgery, including spinal
and orthopedic products and related accessories |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/david l king/ |
SIGNATORY'S NAME |
David L. King |
SIGNATORY'S POSITION |
Attorney of record, Ohio bar member |
SIGNATORY'S PHONE NUMBER |
3864547206 |
DATE SIGNED |
04/04/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Apr 04 15:15:52 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XXX-20
190404151552585549-882302
05-620ec151ddf537f20b556a
6c8ae3d9281c15a0b168eff1b
c9767103f1212395-N/A-N/A-
20190404143116544924 |
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.
88230205 PHENOM(Standard Characters, see http://uspto.report/TM/88230205/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
Original PDF file:
evi_982217206-20190404143116544924_._trademarkresponsephenom.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical and surgical implants, apparatus and instruments for use in surgery, including spinal and orthopedic products and related accessories
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 and surgical implants, apparatus and instruments for use in surgery, including spinal and orthopedic products and related
accessories;
Medical and surgical implants comprising artificial material;
medical apparatus and instruments for use in
surgery, including spinal and orthopedic products and related accessoriesClass 010 for Medical and surgical implants comprising artificial material; medical apparatus and instruments for use in
surgery, including spinal and orthopedic products and related accessories
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: /david l king/ Date: 04/04/2019
Signatory's Name: David L. King
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 3864547206
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: 88230205
Internet Transmission Date: Thu Apr 04 15:15:52 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190404151552585
549-88230205-620ec151ddf537f20b556a6c8ae
3d9281c15a0b168eff1bc9767103f1212395-N/A
-N/A-20190404143116544924