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. 88250564 TALON SYSTEM (Stylized and/or with Design, see http://uspto.report/TM/88250564/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Response with Evidence has been attached.
Original PDF file:
evi_184188176146-20190924161643401409_._2019-09-24_ROA_-_TM0103A_-_TALON_SYSTEM.pdf
Converted PDF file(s) ( 30 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
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Evidence-18
Evidence-19
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Evidence-29
Evidence-30

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Surgical implants comprising artificial material and instruments for use in spinal surgery; Goods of metal for medical use, namely, screws; Pedicle screws; Reduction screws
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 implants comprising artificial material and instruments for use in spinal surgery; Goods of metal for medical use, namely, screws; Goods of metal for medical use, namely, screws for use in spinal surgery; Pedicle screws; Pedicle screws for use in spinal surgery; Reduction screws; Reduction screws for use in spinal surgeryClass 010 for Surgical implants comprising artificial material and instruments for use in spinal surgery; Goods of metal for medical use, namely, screws for use in spinal surgery; Pedicle screws for use in spinal surgery; Reduction screws for use in spinal 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: Greg Bradford. Greg Bradford of SPINAL ELEMENTS, is located at

      3115 MELROSE DRIVE, SUITE 200
      CARLSBAD, California 92010
      US
The docket/reference number is TM0103A.

The phone number is 760-607-1021.

The email address is patents@spinalelements.com

The applicants proposed attorney information: Greg Bradford. Other appointed attorneys are Yang Pak. Greg Bradford of SPINAL ELEMENTS, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      3115 MELROSE DRIVE, SUITE 200
      CARLSBAD, California 92010
      United States
The docket/reference number is TM0103A.

The phone number is 760-607-1021.

The email address is patents@spinalelements.com

Greg Bradford 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: GREG BRADFORD. GREG BRADFORD of SPINAL ELEMENTS, is located at

      3115 MELROSE DRIVE, SUITE 200
      CARLSBAD, California 92010
      US
The docket/reference number is TM0103A.

The phone number is 760-607-1021.

The email address is patents@spinalelements.com; gbradford@spinalelements.com; ypak@spinalelements.com

The applicants proposed correspondence information: Greg Bradford. Greg Bradford of SPINAL ELEMENTS, is located at

      3115 MELROSE DRIVE, SUITE 200
      CARLSBAD, California 92010
      United States
The docket/reference number is TM0103A.

The phone number is 760-607-1021.

The email address is patents@spinalelements.com; gbradford@spinalelements.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SYSTEM apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Greg Bradford/     Date: 09/24/2019
Signatory's Name: Greg Bradford
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 760-607-1571

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:    GREG BRADFORD
   SPINAL ELEMENTS
   
   3115 MELROSE DRIVE, SUITE 200
   CARLSBAD, California 92010
Mailing Address:    Greg Bradford
   SPINAL ELEMENTS
   3115 MELROSE DRIVE, SUITE 200
   CARLSBAD, California 92010
        
Serial Number: 88250564
Internet Transmission Date: Tue Sep 24 16:22:45 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190924162245
274328-88250564-61014939960c3d485c4aa9d9
8998045c842b18a6fa1c1f2757ee1fcc3983732e
-N/A-N/A-20190924161643401409