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. 88239013 TIME TO HEAL(Standard Characters, see http://uspto.report/TM/88239013/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 Surgical, medical, dental and veterinary instruments and apparatus, namely, artificial lungs, membrane ventilators and gas exchangers for medical use for extracorporeal lung and heart support; oxygenators; blood pumps; blood gases permeable membranes, namely, medical apparatus in the nature of membranes that allow for the exchange of blood and respiratory gases; blood filters for medical use; medical tubing for withdrawing and supplying of fluids and gases from and to living beings, and hose connectors therefor, cannulas for medical purposes
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: Surgical, medical, dental and veterinary instruments and apparatus, namely, artificial lungs, membrane ventilators and gas exchangers for medical use for extracorporeal lung and heart support; oxygenators; blood pumps; blood gases permeable membranes, namely, medical apparatus in the nature of membranes that allow for the exchange of blood and respiratory gases; blood filters for medical use; medical tubing for withdrawing and supplying of fluids and gases from and to living beings, and hose connectors therefor, cannulas for medical purposes; medical tubing for withdrawing and supplying of fluids and gases from and to living beings, and hose connectors therefor, and cannulas for medical purposesClass 010 for Surgical, medical, dental and veterinary instruments and apparatus, namely, artificial lungs, membrane ventilators and gas exchangers for medical use for extracorporeal lung and heart support; oxygenators; blood pumps; blood gases permeable membranes, namely, medical apparatus in the nature of membranes that allow for the exchange of blood and respiratory gases; blood filters for medical use; medical tubing for withdrawing and supplying of fluids and gases from and to living beings, and hose connectors therefor, and cannulas for medical purposes
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.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: NovaLung GmbH, a corporation of Germany, having an address of
      Im Zukunftspark 1
      Heilbronn, 74076
      Germany

Proposed: NovaLung GmbH, gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Im Zukunftspark 1
      Heilbronn, 74076
      Germany

SIGNATURE(S)
Response Signature
Signature: /gjc/     Date: 04/24/2019
Signatory's Name: Gregory J Chinlund
Signatory's Position: Attorney of Record, Illinois 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: 88239013
Internet Transmission Date: Thu Apr 25 10:12:08 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019042510120829
0496-88239013-620edb19553b2684f02e9f302a
af95925d119974b63d52817433c2b88098f8aab-
N/A-N/A-20190417120712377426