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. 88232308 S 90 Y (Stylized and/or with Design, see http://uspto.report/TM/88232308/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Office Action Response has been attached.
Original PDF file:
evi_17322719104-20190801132851858163_._2019-08-01_OA_Response_-_RJENK67.047TUS.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 009 for Computer software; computer software for dosimetry; computer software for dosimetry purposes in the field of radiotherapy; computer software for use in accelerating dosimetry planning; computer software for use in creating reports; computer software for use in facilitating personalised treatment plans for patients with liver cancer; computer software for use in reviewing and reporting on medical images; computer software for use in data display, quality control, image manipulation and quantification analysis; computer software for use in post treatment validation; computer software for creating patient profiles and providing patient reports; computer software for recording, analysing, reporting and managing patient medical information; computer software used as medical patient monitoring equipment, for receiving, processing, transmitting and displaying data
Original Filing Basis:
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 09/07/2016 and first used in commerce at least as early as 09/22/2016 , and is now in use in such commerce.

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[ Great Britain application number 3354967 filed 11/20/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer software; Computer software used for dosimetry planning and improving 90Y SIRT workflow; computer software for dosimetry; Computer software for dosimetry used for treating tumors with radiation, namely, software to collect, organize, store, create reports, and share data and information from the dosimetry system; computer software for dosimetry purposes in the field of radiotherapy; computer software for use in accelerating dosimetry planning; computer software for use in creating reports; computer software for use in facilitating personalised treatment plans for patients with liver cancer; computer software for use in reviewing and reporting on medical images; computer software for use in data display, quality control, image manipulation and quantification analysis; computer software for use in post treatment validation; computer software for creating patient profiles and providing patient reports; computer software for recording, analysing, reporting and managing patient medical information; computer software used as medical patient monitoring equipment, for receiving, processing, transmitting and displaying dataClass 009 for Computer software used for dosimetry planning and improving 90Y SIRT workflow; Computer software for dosimetry used for treating tumors with radiation, namely, software to collect, organize, store, create reports, and share data and information from the dosimetry system; computer software for dosimetry purposes in the field of radiotherapy; computer software for use in accelerating dosimetry planning; computer software for use in creating reports; computer software for use in facilitating personalised treatment plans for patients with liver cancer; computer software for use in reviewing and reporting on medical images; computer software for use in data display, quality control, image manipulation and quantification analysis; computer software for use in post treatment validation; computer software for creating patient profiles and providing patient reports; computer software for recording, analysing, reporting and managing patient medical information; computer software used as medical patient monitoring equipment, for receiving, processing, transmitting and displaying data
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 09/07/2016 and first used in commerce at least as early as 09/22/2016 , and is now in use in such commerce.
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 [ Great Britain application number 3354967 filed 11/20/2018]. 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 [ Great Britain registration number UK00003354967 registered 02/08/2019 with a renewal date of __________ and an expiration date of 11/20/2028 ], 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.
Original PDF file:
FRU0-17322719104-175408548_._Foreign_Registration_Certificate_-_RJENK67.047TUS.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_17322719104-132851858_._OA_RESPONSE_DECLARATION.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Jonathan A. Hyman
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 310-551-3450


Response Signature
Signature: /jhh/     Date: 08/01/2019
Signatory's Name: Jonathan A. Hyman
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 310-551-3450

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: 88232308
Internet Transmission Date: Thu Aug 01 14:36:56 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201908011436564
83304-88232308-6202c8e6812bbc3568f88a3e6
7f69dba73eecbd89bdcf79fb324c3dd4b678bf04
a-N/A-N/A-20190801132851858163