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. 88230205 PHENOM(Standard Characters, see http://uspto.report/TM/88230205/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of (1) Argument in response to likelihood of confusion finding; (2) Exhibit A in support thereof consisting of pages from a medical dictionary defining a 'catheter'; and (3) Exhibit B is support thereof consisting of pages from Applicant's website indicating that its customers are surgeons. has been attached.
Original PDF file:
evi_747121220-20190910155620448524_._Curiteva___PHENOM_Office_Action_Response.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_747121220-20190910155620448524_._Curiteva___PHENOM_Office_Action_Response__Exh._A_.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Original PDF file:
evi_747121220-20190910155620448524_._Curiteva___PHENOM_Office_Action_Response__Exh._B_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

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 comprising artificial material; medical 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 comprising artificial material; Spinal implants comprised of synthetic material and surgical instruments for use in spinal correction surgery.; medical apparatus and instruments for use in surgery, including spinal and orthopedic products and related accessoriesClass 010 for Spinal implants comprised of synthetic material and surgical instruments for use in spinal correction surgery.
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.

The applicant's current attorney information: David L. King. David L. King, is located at

      5131 NE COUNTY ROAD 340
      HIGH SPRINGS, Florida 32643
      US

The phone number is 386-454-7206.

The fax number is 386-454-7206.

The email address is davidlkingsr@windstream.net

The applicants proposed attorney information: David L. King. David L. King, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      5131 NE COUNTY ROAD 340
      HIGH SPRINGS, Florida 32643
      United States

The phone number is 386-454-7206.

The fax number is 386-454-7206.

The email address is davidlkingsr@windstream.net

David L. King submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: DAVID L. KING. DAVID L. KING, is located at

      5131 NE COUNTY ROAD 340
      HIGH SPRINGS, Florida 32643
      US

The phone number is 386-454-7206.

The fax number is 386-454-7206.

The email address is davidlkingsr@windstream.net

The applicants proposed correspondence information: David L. King. David L. King, is located at

      5131 NE COUNTY ROAD 340
      HIGH SPRINGS, Florida 32643
      United States

The phone number is 386-454-7206.

The fax number is 386-454-7206.

The email address is davidlkingsr@windstream.net

SIGNATURE(S)
Response Signature
Signature: /Scott Zarin/     Date: 09/10/2019
Signatory's Name: Scott Zarin
Signatory's Position: Attorney of Record, New York bar member

Signatory's Phone Number: 212-580-3131

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:    DAVID L. KING
   
   
   5131 NE COUNTY ROAD 340
   HIGH SPRINGS, Florida 32643
Mailing Address:    David L. King
   5131 NE COUNTY ROAD 340
   HIGH SPRINGS, Florida 32643
        
Serial Number: 88230205
Internet Transmission Date: Tue Sep 10 16:07:45 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190910160745157
964-88230205-610756b2c9523fb6253161699ac
6baf7f721fececadd64c1d880e6baa6ff97-N/A-
N/A-20190910155620448524