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. 88251000 MOLLI(Standard Characters, see http://uspto.report/TM/88251000/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 implantable magnetic markers and magnetic detection system for use in surgery
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: implantable magnetic markers and magnetic detection system for use in surgery; Magnetic detection system for assisting medical and health care professionals in performing precision surgery, comprised of implantable magnetic seeds, a wand for locating the magnetic seeds, and computer hardware and software for use therewith, all of the foregoing sold as a unit; replacement parts of the implantable magnetic seeds and wands for locating the magnetic seeds; implantable magnetic seeds; wands for locating magnetic seeds; all for assisting medical and health care professionals in performing precision surgeryClass 010 for Magnetic detection system for assisting medical and health care professionals in performing precision surgery, comprised of implantable magnetic seeds, a wand for locating the magnetic seeds, and computer hardware and software for use therewith, all of the foregoing sold as a unit; replacement parts of the implantable magnetic seeds and wands for locating the magnetic seeds; implantable magnetic seeds; wands for locating magnetic seeds; all for assisting medical and health care professionals in performing precision 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: Neil B Friedman. Neil B Friedman of HODGSON RUSS, LLP, is located at

      605 3RD AVENUE, SUITE 2300
      NEW YORK, New York 10158
      US

The phone number is 646-218-7605.

The fax number is 6462187665.

The email address is nfriedma@hodgsonruss.com

The applicants proposed attorney information: Neil B Friedman. Neil B Friedman of HODGSON RUSS, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      605 3RD AVENUE, SUITE 2300
      NEW YORK, New York 10158
      United States

The phone number is 646-218-7605.

The fax number is 6462187665.

The email address is nfriedma@hodgsonruss.com

Neil B Friedman submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: Neil B Friedman. Neil B Friedman of HODGSON RUSS, LLP, is located at

      605 3RD AVENUE, SUITE 2300
      NEW YORK, New York 10158
      US

The phone number is 646-218-7605.

The fax number is 6462187665.

The email address is nfriedma@hodgsonruss.com; ipdocketing@hodgsonruss.com; SFindora@hodgsonruss.com

The applicants proposed correspondence information: Neil B Friedman. Neil B Friedman of HODGSON RUSS, LLP, is located at

      605 3RD AVENUE, SUITE 2300
      NEW YORK, New York 10158
      United States

The phone number is 646-218-7605.

The fax number is 6462187665.

The email address is nfriedma@hodgsonruss.com; ipdocketing@hodgsonruss.com; SFindora@hodgsonruss.com

SIGNATURE(S)
Response Signature
Signature: /Neil B Friedman/     Date: 08/14/2019
Signatory's Name: Neil B Friedman
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 6462187605

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:    Neil B Friedman
   HODGSON RUSS, LLP
   
   605 3RD AVENUE, SUITE 2300
   NEW YORK, New York 10158
Mailing Address:    Neil B Friedman
   HODGSON RUSS, LLP
   605 3RD AVENUE, SUITE 2300
   NEW YORK, New York 10158
        
Serial Number: 88251000
Internet Transmission Date: Wed Aug 14 09:23:41 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-201908140923414185
62-88251000-61012f241824792fb987443a2ebf
16feb7961424f7860ae7db417b2ab5338f48f4b-
N/A-N/A-20190814092023916938