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)

---

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. 88236908 INCIRCLE(Standard Characters, see http://uspto.report/TM/88236908/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 Apparatus for the heat treatment of cancer; Apparatus for the thermal treatment of cancer; Apparatus for the treatment of cancer; Electric heating appliances for medical therapeutic use; Electrical appliances for surgical purposes; Electrically operated surgical apparatus; Electrosurgery apparatus and instruments; Grounding pads; High frequency coagulation instruments for medical purposes; High frequency generators for use in medical treatment; High frequency surgical apparatus and instruments; Medical devices for the ablation of tumours; Medical devices, namely, radiofrequency generators and needle electrode devices, which deliver controlled energy to the targeted tissue for tissue ablation; Medical heating units with body contact applicators; Medical instruments for the surgical ablation of soft tissue excluding medical knives and cutting devices; Medical electric field generators, spacers, and electrodes for the surgical ablation of soft tissue; Sources of electromagnetic fields for use in medical treatment; Surgical devices and instruments
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 12/31/2006 and first used in commerce at least as early as 12/31/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Apparatus for the heat treatment of cancer; Medical apparatus for the heat treatment of cancer; Apparatus for the thermal treatment of cancer; Medical apparatus for the thermal treatment of cancer; Apparatus for the treatment of cancer; Medical apparatus for the treatment of cancer; Electric heating appliances for medical therapeutic use; Electrical appliances for surgical purposes; Electrically operated surgical apparatus; Electrosurgery apparatus and instruments; Electrosurgery apparatus and instruments for ablating body tissue; Grounding pads; Grounding pads for medical use; High frequency coagulation instruments for medical purposes; High frequency generators for use in medical treatment; High frequency surgical apparatus and instruments; High frequency surgical apparatus and instruments for ablating body tissue; Medical devices for the ablation of tumours; Medical devices, namely, radiofrequency generators and needle electrode devices, which deliver controlled energy to the targeted tissue for tissue ablation; Medical devices, namely radiofrequency generators and needle electrode devices, which deliver controlled energy to the targeted tissue for tissue ablation; Medical heating units with body contact applicators; Medical instruments for the surgical ablation of soft tissue excluding medical knives and cutting devices; Medical electric field generators, spacers, and electrodes for the surgical ablation of soft tissue; Sources of electromagnetic fields for use in medical treatment; Surgical devices and instrumentsClass 010 for Medical apparatus for the heat treatment of cancer; Medical apparatus for the thermal treatment of cancer; Medical apparatus for the treatment of cancer; Electric heating appliances for medical therapeutic use; Electrical appliances for surgical purposes; Electrically operated surgical apparatus; Electrosurgery apparatus and instruments for ablating body tissue; Grounding pads for medical use; High frequency coagulation instruments for medical purposes; High frequency generators for use in medical treatment; High frequency surgical apparatus and instruments for ablating body tissue; Medical devices for the ablation of tumours; Medical devices, namely radiofrequency generators and needle electrode devices, which deliver controlled energy to the targeted tissue for tissue ablation; Medical heating units with body contact applicators; Medical instruments for the surgical ablation of soft tissue excluding medical knives and cutting devices; Medical electric field generators, spacers, and electrodes for the surgical ablation of soft tissue; Surgical devices and 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 12/31/2006 and first used in commerce at least as early as 12/31/2014 , and is now in use in such commerce.
CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
LAURA J. WINSTON
KIM WINSTON LLP
73 MARKET STREET, SUITE 376
YONKERS
New York
US
10710

Proposed:
LAURA J. WINSTON of Kim IP Law Group PLLC, having an address of
129 W. Evesham Road Voorhees, New Jersey 08043
United States
trademark@kimiplawgroup.com;tm@kimwinston.com
856-520-8998
856-206-5383
The docket/reference number is 4003.0007 .



SIGNATURE(S)
Response Signature
Signature: /Bruce Jacoby/     Date: 08/02/2019
Signatory's Name: Bruce Jacoby
Signatory's Position: Attorney of record, Connecticut bar member

Signatory's Phone Number: 856-520-8998

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.

Mailing Address:    LAURA J. WINSTON
   Kim IP Law Group PLLC
   129 W. Evesham Road
   Voorhees, New Jersey 08043
        
Serial Number: 88236908
Internet Transmission Date: Fri Aug 02 12:30:11 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019080212301165
6369-88236908-620b8a9ad749ad0fdcd12b6574
d8adedd359ee359793a4dd9d995e1975233074-N
/A-N/A-20190802122127665111