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. 88267360 DR. BROWN'S (Stylized and/or with Design, see http://uspto.report/TM/88267360/mark.png) has been amended as follows:

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

AMENDMENT A

Madam:

            This is a response to the Office Action dated March 29, 2019. 

 

Please amend the identification of the goods, of this application, to as follows:

 

“Baby monitors, namely, baby monitors for sensing pulse oximetry of babies and infants, not for medical purposes; baby monitors comprising sensor devices, namely, electron sensor devices for sensing movement, pulse oximetry, gas analysis, vital signs, activity, positioning, and heart rate, not for medical purposes; sensor devices comprising of photoemitters, photoreceptors, and accelerometers in the nature of baby monitors; multifunctional electronic devices for measuring heart rate and vital signs, and broadcasting over a network; computer software for transmitting, processing, and displaying information relating to health indicators,” in international class 009.

 

The name in the mark identifies Craig E. Brown, M.D., who is the DR. BROWN identified in this mark, and he is a particular living individual.  The name shown in the mark identifies a living individual whose consent to register is made of record.  As stated, DR. BROWN identifies Craig E. Brown, M.D., who is a living individual whose consent is of record. 

 

Enclosed is a written consent signed by Craig E. Brown, to use and register his name, as a trademark with the USPTO. 

 

Since a search of the office records has not found any confusingly similar or conflicting marks, early acceptance and publication of this mark would be appreciated. 

 

Respectfully Submitted,

 

 

 

        Paul M. Denk

                                                                        Attorney for Applicant

                                                                        Patent Office Reg. No. 22,598

                                                                        763 S. New Ballas Road, Suite 305

                                                                        St. Louis, MO 63141

                                                                        (314) 872-8136

PMD/ll

 

EVIDENCE
Evidence in the nature of Letter of Consent by Craig E. Brown, Applicant and owner of the mark DR. BROWN'S has been attached. Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Listing of Goods: baby monitors, namely, baby monitors for sensing pulse oximetry of babies and infants; sensor devices, namely, electronic sensor devices for sensing movement, pulse oximetry, gas analysis, vital signs, activity, positioning, and heart rate; Sensor devices comprising of photoemitters, photoreceptors, and accelerometers; multifunctional electronic devices for measuring and broadcasting over a network; computer software for transmitting, processing, and displaying information relating to health indicators
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: Listing of Goods: baby monitors, namely, baby monitors for sensing pulse oximetry of babies and infants; Listing of Goods: Baby monitors, namely, baby monitors for sensing pulse oximetry of babies and infants, not for medical purposes; sensor devices, namely, electronic sensor devices for sensing movement, pulse oximetry, gas analysis, vital signs, activity, positioning, and heart rate; baby monitors comprising sensor devices, namely, electron sensor devices for sensing movement, pulse oximetry, gas analysis, vital signs, activity, positioning, and heart rate, not for medical purposes; Sensor devices comprising of photoemitters, photoreceptors, and accelerometers; sensor devices comprising of photoemitters, photoreceptors, and accelerometers in the nature of baby monitors; multifunctional electronic devices for measuring and broadcasting over a network; multifunctional electronic devices for measuring heart rate and vital signs, and broadcasting over a network; computer software for transmitting, processing, and displaying information relating to health indicatorsClass 009 for Listing of Goods: Baby monitors, namely, baby monitors for sensing pulse oximetry of babies and infants, not for medical purposes; baby monitors comprising sensor devices, namely, electron sensor devices for sensing movement, pulse oximetry, gas analysis, vital signs, activity, positioning, and heart rate, not for medical purposes; sensor devices comprising of photoemitters, photoreceptors, and accelerometers in the nature of baby monitors; multifunctional electronic devices for measuring heart rate and vital signs, and broadcasting over a network; computer software for transmitting, processing, and displaying information relating to health indicators
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: /Paul M. Denk/     Date: 07/22/2019
Signatory's Name: Paul M. Denk
Signatory's Position: Attorney

Signatory's Phone Number: 314-872-8136

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: 88267360
Internet Transmission Date: Mon Jul 22 11:44:09 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201907221144094
77426-88267360-62046243cd87a4bc93e128698
fa4e1452f24c6e1db23d1df9842476695c16fc5c
e-N/A-N/A-20190722113922488217