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)

---

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. 88265797 GUIDE(Standard Characters, see http://uspto.report/TM/88265797/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 009 for Proprietary software and hardware system comprised of computer hardware and software for pre-implantation evaluation and simulations of Deep Brain Stimulation (DBS), Spinal Cord Stimulation (SCS) and other patient neuromodulation and neurostimulation devices and therapies, as well as post-implantation device programming of neuromodulation and neurostimulation devices and patient evaluations
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: Proprietary software and hardware system comprised of computer hardware and software for pre-implantation evaluation and simulations of Deep Brain Stimulation (DBS), Spinal Cord Stimulation (SCS) and other patient neuromodulation and neurostimulation devices and therapies, as well as post-implantation device programming of neuromodulation and neurostimulation devices and patient evaluations; Proprietary software and hardware system comprised of computer hardware and downloadable software for pre-implantation evaluation and simulations of Deep Brain Stimulation (DBS), Spinal Cord Stimulation (SCS) and other patient neuromodulation and neurostimulation devices and therapies, as well as post-implantation device programming of neuromodulation and neurostimulation devices and patient evaluations.Class 009 for Proprietary software and hardware system comprised of computer hardware and downloadable software for pre-implantation evaluation and simulations of Deep Brain Stimulation (DBS), Spinal Cord Stimulation (SCS) and other patient neuromodulation and neurostimulation devices and therapies, as well as post-implantation device programming of neuromodulation and neurostimulation devices and patient evaluations.
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.

SIGNATURE(S)
Response Signature
Signature: /todd messal/     Date: 05/29/2019
Signatory's Name: Todd Messal
Signatory's Position: Assistant Secretary

Signatory's Phone Number: 763-494-1700

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: 88265797
Internet Transmission Date: Wed May 29 16:52:06 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201905291652060
78922-88265797-620e3731f5623206afdaecc4c
b433d2bb087a59c7bcfa5046236df876ea5d190-
N/A-N/A-20190529164720364324