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. 88274624 CORTLAND BIOMEDICAL(Standard Characters, see http://uspto.report/TM/88274624/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of substantive response and Exhibits A - D. has been attached.
Original PDF file:
evi_6473113252-20190827154257202364_._Office_Action_Response_CORTLAND_BIOMEDICAL.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original PDF file:
evi_6473113252-20190827154257202364_._Exhibit_A.PDF
Converted PDF file(s) ( 21 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
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Original PDF file:
evi_6473113252-20190827154257202364_._Exhibit_B.PDF
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_6473113252-20190827154257202364_._EXHIBIT_C.PDF
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Original PDF file:
evi_6473113252-20190827154257202364_._EXHIBIT_D.PDF
Converted PDF file(s) ( 19 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
Evidence-16
Evidence-17
Evidence-18
Evidence-19

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical apparatus, devices and instruments for use in the fields of interventional cardiology, cardiothoracic surgery, interventional radiology, interventional neurology, general surgery, hernia repair, wound repair and management, orthopedic surgery, soft tissue repair, otolaryngology, endocrinology, gastroenterology, urology, and women's health; medical textiles composed of artificial materials, namely, polymeric and metallic textiles for use in cardiovascular, orthopedic, neurovascular and general surgeries; medical textiles composed of materials for use in medical devices, namely, woven, non-woven, knitted and braided polymeric, resorbable and metallic textile structures
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: Medical apparatus, devices and instruments for use in the fields of interventional cardiology, cardiothoracic surgery, interventional radiology, interventional neurology, general surgery, hernia repair, wound repair and management, orthopedic surgery, soft tissue repair, otolaryngology, endocrinology, gastroenterology, urology, and women's health; Medical apparatus, devices and instruments, namely, diagnostic apparatus for medical purposes, electrocardiographs, gastroscopes, cannulae, catheters, medical guidewires, surgical apparatus and instruments, suture needles, suture materials, suture thread, heart pacemakers, stents, surgical implants comprising of artificial materials for use in the fields of interventional cardiology, cardiothoracic surgery, interventional radiology, interventional neurology, general surgery, hernia repair, wound repair and management, orthopedic surgery, soft tissue repair, otolaryngology, endocrinology, gastroenterology, urology, and women's health; medical textiles composed of artificial materials, namely, polymeric and metallic textiles for use in cardiovascular, orthopedic, neurovascular and general surgeries; medical textiles composed of artificial materials, namely, implantable polymeric and metallic textiles for use in cardiovascular, orthopedic, neurovascular and general surgeries; medical textiles composed of materials for use in medical devices, namely, woven, non-woven, knitted and braided polymeric, resorbable and metallic textile structures; medical textiles composed of artificial materials for use in medical implants, namely, woven, non-woven, knitted and braided polymeric, resorbable and metallic textile structuresClass 010 for Medical apparatus, devices and instruments, namely, diagnostic apparatus for medical purposes, electrocardiographs, gastroscopes, cannulae, catheters, medical guidewires, surgical apparatus and instruments, suture needles, suture materials, suture thread, heart pacemakers, stents, surgical implants comprising of artificial materials for use in the fields of interventional cardiology, cardiothoracic surgery, interventional radiology, interventional neurology, general surgery, hernia repair, wound repair and management, orthopedic surgery, soft tissue repair, otolaryngology, endocrinology, gastroenterology, urology, and women's health; medical textiles composed of artificial materials, namely, implantable polymeric and metallic textiles for use in cardiovascular, orthopedic, neurovascular and general surgeries; medical textiles composed of artificial materials for use in medical implants, namely, woven, non-woven, knitted and braided polymeric, resorbable and metallic textile structures
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 040 for Manufacturing services, namely, custom manufacturing of parts and components for use in medical devices to the order and/or specification of others; manufacturing and fabrication services of medical components and materials for others; custom manufacturing of medical devices, medical instruments, implantable medical devices and components; processing of medical components; treatment of materials; braiding, knitting, and weaving of high performance fiber textiles for medical devices
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: manufacturing services, namely, custom manufacturing of parts and components for use in medical devices to the order and/or specification of others; manufacturing and fabrication services of medical components and materials for others; custom manufacturing and fabrication services of medical components and materials for others; custom manufacturing of medical devices, medical instruments, implantable medical devices and components; processing of medical components; treatment of materials; treatment of medical materials by the manufacture and assembly of high performance fibers and textiles, cloth cutting, textile treating, laser scribing, metal treating and tempering, and the warping of yarns for use in weaving and knitting machinery; braiding, knitting, and weaving of high performance fiber textiles for medical devicesClass 040 for manufacturing services, namely, custom manufacturing of parts and components for use in medical devices to the order and/or specification of others; custom manufacturing and fabrication services of medical components and materials for others; custom manufacturing of medical devices, medical instruments, implantable medical devices and components; processing of medical components; treatment of medical materials by the manufacture and assembly of high performance fibers and textiles, cloth cutting, textile treating, laser scribing, metal treating and tempering, and the warping of yarns for use in weaving and knitting machinery; braiding, knitting, and weaving of high performance fiber textiles for medical devices
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: Katrina G. Hull. Katrina G. Hull of MICHAEL BEST & FRIEDRICH LLP, is located at

      100 E. WISCONSIN AVENUE, SUITE 3300
      MILWAUKEE, Wisconsin 53202
      US
The docket/reference number is 206609-5010.

The phone number is 414-271-6560.

The fax number is 4142770656.

The email address is mkeipdocket@michaelbest.com

The applicants proposed attorney information: Katrina G. Hull. Other appointed attorneys are All other attorneys of Michael Best & Friedrich LLP. Katrina G. Hull of MICHAEL BEST & FRIEDRICH LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      100 E. WISCONSIN AVENUE, SUITE 3300
      MILWAUKEE, Wisconsin 53202
      United States
The docket/reference number is 206609-5010.

The phone number is 414-271-6560.

The fax number is 4142770656.

The email address is mkeipdocket@michaelbest.com

Katrina G. Hull 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: KATRINA G. HULL. KATRINA G. HULL of MICHAEL BEST & FRIEDRICH LLP, is located at

      100 E. WISCONSIN AVENUE, SUITE 3300
      MILWAUKEE, Wisconsin 53202
      US
The docket/reference number is 206609-5010.

The phone number is 414-271-6560.

The fax number is 4142770656.

The email address is mkeipdocket@michaelbest.com

The applicants proposed correspondence information: Katrina G. Hull. Katrina G. Hull of MICHAEL BEST & FRIEDRICH LLP, is located at

      100 E. WISCONSIN AVENUE, SUITE 3300
      MILWAUKEE, Wisconsin 53202
      United States
The docket/reference number is 206609-5010.

The phone number is 414-271-6560.

The fax number is 4142770656.

The email address is mkeipdocket@michaelbest.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
The bar information entered is for Luke. W. DeMarte in accordance with the Replacement of Attorney of Record With Another Already-Appointed Attorney Form filed with the USPTO today. Attached is a copy of the filing receipt. The USPTO has not yet updated this information.

Original PDF file:
mis-6473113252-20190827154257202364_.__Attorney_of_Record_with_Another_Already_-Appointed_Attorney.PDF
Converted PDF file(s) ( 4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
CORTLAND has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4632606, 2348325


SIGNATURE(S)
Declaration Signature

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.

Signature: /Christine A. Filarski/      Date: 08/27/2019
Signatory's Name: Christine A. Filarski
Signatory's Position: Associate Attorney, Michael Best & Friedrich LLP
Signatory's Phone Number: 3125965867


Response Signature
Signature: /Christine A. Filarski/     Date: 08/27/2019
Signatory's Name: Christine A. Filarski
Signatory's Position: Associate Attorney, Michael Best & Friedrich LLP, IL bar member

Signatory's Phone Number: 312.596.5867

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:    KATRINA G. HULL
   MICHAEL BEST & FRIEDRICH LLP
   
   100 E. WISCONSIN AVENUE, SUITE 3300
   MILWAUKEE, Wisconsin 53202
Mailing Address:    Katrina G. Hull
   MICHAEL BEST & FRIEDRICH LLP
   100 E. WISCONSIN AVENUE, SUITE 3300
   MILWAUKEE, Wisconsin 53202
        
Serial Number: 88274624
Internet Transmission Date: Tue Aug 27 16:27:48 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019082716274839
4145-88274624-610d5121748046aee742133526
38711ae97d9da5247143a6637a88b0e82ddad-N/
A-N/A-20190827154257202364