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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88264209 |
LAW OFFICE ASSIGNED | LAW OFFICE 110 |
MARK SECTION | |
MARK | mark |
LITERAL ELEMENT | TRACLUX |
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. |
OWNER SECTION (current) | |
NAME | SUNOPTIC TECHNOLOGIES, LLC |
MAILING ADDRESS | 6018 BOWENDALE AVE. |
CITY | JACKSONVILLE |
STATE | Florida |
ZIP/POSTAL CODE | 32216 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
OWNER SECTION (proposed) | |
NAME | SUNOPTIC TECHNOLOGIES, LLC |
MAILING ADDRESS | 6018 BOWENDALE AVE. |
CITY | JACKSONVILLE |
STATE | Florida |
ZIP/POSTAL CODE | 32216 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
XXXX | |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 010 |
DESCRIPTION | Surgical retractors |
FIRST USE ANYWHERE DATE | At least as early as 00/00/2016 |
FIRST USE IN COMMERCE DATE | At least as early as 00/00/2016 |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 010 |
DESCRIPTION | Surgical retractors |
FIRST USE ANYWHERE DATE | At least as early as 00/00/2016 |
FIRST USE IN COMMERCE DATE | At least as early as 00/00/2016 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) | |
JPG FILE(S) | \\TICRS\EXPORT18\IMAGEOUT 18\882\642\88264209\xml1 \ ROA0008.JPG |
\\TICRS\EXPORT18\IMAGEOUT 18\882\642\88264209\xml1\ ROA0009.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\882\642\88264209\xml1\ ROA0010.JPG | |
ORIGINAL PDF FILE | SPU0-184016525-2020032313 3129391667_._032020_TracL ux_Sub_Spec.pdf |
CONVERTED PDF FILE(S) (6 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\882\642\88264209\xml1\ ROA0002.JPG |
\\TICRS\EXPORT18\IMAGEOUT 18\882\642\88264209\xml1\ ROA0003.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\882\642\88264209\xml1\ ROA0004.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\882\642\88264209\xml1\ ROA0005.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\882\642\88264209\xml1\ ROA0006.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\882\642\88264209\xml1\ ROA0007.JPG | |
SPECIMEN DESCRIPTION | scanned copy of a printed instruction manual included with the goods and functioning as a part of the goods pursuant to TMEP 904.03(j) and scanned copies of adhesively backed labels bearing the mark, which labels are attached to packaging for the goods |
DELETED FILING BASIS | 1(b) |
ADDITIONAL STATEMENTS SECTION | |
MISCELLANEOUS STATEMENT | The examining attorney has refused the specimen submitted with the Statement of Use as filed. Accordingly, applicant is submitting herewith substitute specimens comprising an instruction manual that is included with the goods and that explains the assembly and use of the goods, and a set of adhesively backed labels that are applied to the goods. The examining attorney has also requested additional information/documentation about the specimens, which applicant hereby provides in the correspondingly numbered responses, which follow: (1) The goods comprise a surgical retractor as illustrated and described in the instruction manual submitted herewith. The substitute labels submitted herewith specifically refer to individual components of the surgical retractor, namely the interchangeable blade and the handle. (2) The specimens were not created for submission with this application, but have been and continue to be in use in commerce. (3) The goods are sold to professional customers in the healthcare field including hospitals, surgical centers, surgeons, physicians and other health care professionals. The goods are sold by distributors and sales representatives and the goods are typically shipped to buyers. The goods are advertised, but not sold online. The goods are not sold at retail locations. (4) The goods are shipped to buyers bearing labels and accompanied by instruction manuals as attached hereto and as further evidenced by the representative invoices submitted herewith. (5) The goods were first available for sale and shipped in commerce in 2016. Please see the attached invoices. (6) The total dollar amount in sales of the goods in commerce is $903,655.00. Representative invoices, with buyer information redacted is attached hereto. |
MISCELLANEOUS FILE NAME(S) | |
ORIGINAL PDF FILE | mis-1-184016525-202003231 33129391667_._032320_Trac Lux_Invoices.pdf |
CONVERTED PDF FILE(S) (3 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\882\642\88264209\xml1\ ROA0011.JPG |
\\TICRS\EXPORT18\IMAGEOUT 18\882\642\88264209\xml1\ ROA0012.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\882\642\88264209\xml1\ ROA0013.JPG | |
CORRESPONDENCE INFORMATION (current) | |
NAME | WILLIAM E NOONAN |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | noonanatty@centurylink.net |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | noonanattysec@centurylink.net |
DOCKET/REFERENCE NUMBER | JMD226 |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | William E Noonan |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | noonanatty@centurylink.net |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | noonanattysec@centurylink.net |
DOCKET/REFERENCE NUMBER | JMD226 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /William E. Noonan/ |
SIGNATORY'S NAME | William E. Noonan |
SIGNATORY'S POSITION | Attorney of record, Florida bar member |
SIGNATORY'S PHONE NUMBER | 2394810900 |
DATE SIGNED | 03/23/2020 |
RESPONSE SIGNATURE | /William E. Noonan/ |
SIGNATORY'S NAME | William E. Noonan |
SIGNATORY'S POSITION | Attorney of record, Florida bar member |
SIGNATORY'S PHONE NUMBER | 2394810900 |
DATE SIGNED | 03/23/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Mar 23 14:35:59 ET 2020 |
TEAS STAMP | USPTO/ROA-XXX.X.XXX.XX-20 200323143559018134-882642 09-710436447e0dfe5e3f0a7a 84fa2caf9bef5b760ab7496ed 4bc1f9902a3260aae8c-N/A-N /A-20200323133129391667 |
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) |
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.