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 1966 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Voluntary Amendment
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88237809 |
MARK SECTION |
MARK |
http://uspto.report/TM/88237809/mark.png |
LITERAL ELEMENT |
PROACTIVE |
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 (current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Hot compresses; cold compresses; hot and cold compresses; Trans Cutaneous Electrical Stimulators; Muscle Stimulators; Electrical Muscle
Stimulators; Electro Massagers |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 11/30/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 11/30/2018 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Hot compresses; cold compresses; hot and cold compresses; Trans Cutaneous Electrical Stimulators; Muscle Stimulators; Electrical Muscle
Stimulators; Electro Massagers |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 11/30/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 11/30/2018 |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1243082(1) |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
12/19/2018 |
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 |
TMA652974 |
FOREIGN REGISTRATION
COUNTRY |
Canada |
FOREIGN REGISTRATION
DATE |
11/18/2005 |
FOREIGN EXPIRATION DATE |
11/18/2020 |
DATE FOREIGN REGISTRATION
RENEWED
(if applicable) |
11/18/2020 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-63764866-171517948_._PROACTIVE_CANADA__reg_n_652974.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\378\88237809\xml2\PRA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\378\88237809\xml2\PRA0003.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Please amend the filing basis as follows: (1) please amend the filing basis for "Hot compresses; cold compresses; hot and cold compresses"
from Section 1(a) to Section 1(a) and Section 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 Section 44(e) as a basis for registration, a valid claim of priority may be retained; and (2) please amend the
filing basis for "Trans Cutaneous Electrical Stimulators; Muscle Stimulators; Electrical Muscle Stimulators; Electro Massagers" from Section 1(a) to Section 1(b) and Section 44(e). |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Lori J. Shyavitz/ |
SIGNATORY'S NAME |
Lori J. Shyavitz |
SIGNATORY'S POSITION |
Attorney for Applicant, Massachusetts Bar Member |
SIGNATORY'S PHONE NUMBER |
(617) 449-6500 |
DATE SIGNED |
01/30/2019 |
RESPONSE SIGNATURE |
/Lori J. Shyavitz/ |
SIGNATORY'S NAME |
Lori J. Shyavitz |
SIGNATORY'S POSITION |
Attorney of Record, Massachusetts bar member |
DATE SIGNED |
01/30/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jan 30 10:01:27 EST 2019 |
TEAS STAMP |
USPTO/PRA-XX.XX.XX.XX-201
90130100127375677-8823780
9-62032d656de598c452c56f7
6353606b82386a21837cacf52
9c22d2bbd743f284f1-N/A-N/
A-20190130083855685730 |
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 1966 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Voluntary Amendment
To the Commissioner for Trademarks:
Application serial no.
88237809 PROACTIVE(Standard Characters, see http://uspto.report/TM/88237809/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 Hot compresses; cold compresses; hot and cold compresses; Trans Cutaneous Electrical Stimulators; Muscle Stimulators; Electrical Muscle Stimulators; Electro
Massagers
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 11/30/2018 and first used in commerce at least as early as 11/30/2018 , and
is now in use in such commerce.
Proposed: Class 010 for Hot compresses; cold compresses; hot and cold compresses; Trans Cutaneous Electrical Stimulators; Muscle Stimulators; Electrical Muscle Stimulators; Electro
Massagers
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 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 11/30/2018 and first used in commerce at least as early as 11/30/2018 , 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 [ Canada application number 1243082(1) filed 12/19/2018]. 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 [ Canada registration number TMA652974 registered 11/18/2005
with a renewal date of 11/18/2020 and an expiration date of 11/18/2020 ], 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:
FRU0-63764866-171517948_._PROACTIVE_CANADA__reg_n_652974.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Please amend the filing basis as follows: (1) please amend the filing basis for "Hot compresses; cold compresses; hot and cold compresses" from Section 1(a) to Section 1(a) and Section 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 Section 44(e) as a basis for registration, a valid claim of priority may be retained; and (2) please amend the filing basis for "Trans Cutaneous Electrical Stimulators;
Muscle Stimulators; Electrical Muscle Stimulators; Electro Massagers" from Section 1(a) to Section 1(b) and Section 44(e).
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /Lori J. Shyavitz/ Date: 01/30/2019
Signatory's Name: Lori J. Shyavitz
Signatory's Position: Attorney for Applicant, Massachusetts Bar Member
Signatory's Phone Number: (617) 449-6500
Voluntary Amendment Signature
Signature: /Lori J. Shyavitz/ Date: 01/30/2019
Signatory's Name: Lori J. Shyavitz
Signatory's Position: Attorney of Record, Massachusetts bar member
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: 88237809
Internet Transmission Date: Wed Jan 30 10:01:27 EST 2019
TEAS Stamp: USPTO/PRA-XX.XX.XX.XX-201901301001273756
77-88237809-62032d656de598c452c56f763536
06b82386a21837cacf529c22d2bbd743f284f1-N
/A-N/A-20190130083855685730