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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88282644 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
MARK SECTION |
MARK |
http://uspto.report/TM/88282644/mark.png |
LITERAL ELEMENT |
AVANTE |
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. |
GOODS AND/OR SERVICES SECTION (037)(current) |
INTERNATIONAL CLASS |
037 |
DESCRIPTION |
Sales, service, repair, refurbishment and installation of healthcare and medical equipment, namely, surgical, imaging, and oncology
equipment |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (037)(proposed) |
INTERNATIONAL CLASS |
037 |
TRACKED TEXT DESCRIPTION |
Sales, service, repair, refurbishment and installation of healthcare and medical equipment, namely,
surgical, imaging, and oncology equipment; Repair, maintenance, refurbishment and installation of healthcare and medical equipment, namely, surgical, imaging, and
oncology equipment |
FINAL DESCRIPTION |
Repair, maintenance, refurbishment and installation of healthcare and medical equipment, namely, surgical, imaging, and oncology
equipment |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(class added) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Retail store services featuring medical equipment, namely, surgical, imaging, and oncology equipment; wholesale distributorships
featuring medical equipment, namely, surgical, imaging, and oncology equipment; on-line wholesale and retail store services featuring medical equipment, namely, surgical, imaging, and oncology
equipment |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
In regards to translation: The mark has only trademark significance. See TMEP §809.01(a). |
ATTORNEY SECTION (current) |
NAME |
Brian R. McGinley |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
DENTONS US LLP |
STREET |
P.O. BOX 061080 |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60606-1080 |
COUNTRY |
US |
PHONE |
816-460-2400 |
FAX |
816-531-7545 |
EMAIL |
trademarks.us@dentons.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
15259129.027 |
ATTORNEY SECTION (proposed) |
NAME |
Brian R. McGinley |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Dentons US LLP |
INTERNAL ADDRESS |
Wacker Drive Station, Willis Tower |
STREET |
P.O. Box 061080 |
CITY |
Chicago |
STATE |
Illinois |
POSTAL CODE |
60606-1080 |
COUNTRY |
United States |
PHONE |
816-460-2400 |
FAX |
816-531-7545 |
EMAIL |
trademarks.us@dentons.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
15259129.027 |
OTHER APPOINTED ATTORNEY |
Tiffany L. Schwartz, Benjamin Harbuck, Samuel Fifer, Carol Anne Been, Monica Richman, Tara Reedy Sliva and Joel Bock and all other
Dentons attorneys |
CORRESPONDENCE SECTION (current) |
NAME |
BRIAN R. MCGINLEY |
FIRM NAME |
DENTONS US LLP |
STREET |
P.O. BOX 061080 |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60606-1080 |
COUNTRY |
US |
PHONE |
816-460-2400 |
FAX |
816-531-7545 |
EMAIL |
trademarks.us@dentons.com; brian.mcginley@dentons.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
15259129.027 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Brian R. McGinley |
FIRM NAME |
Dentons US LLP |
INTERNAL ADDRESS |
Wacker Drive Station, Willis Tower |
STREET |
P.O. Box 061080 |
CITY |
Chicago |
STATE |
Illinois |
POSTAL CODE |
60606-1080 |
COUNTRY |
United States |
PHONE |
816-460-2400 |
FAX |
816-531-7545 |
EMAIL |
trademarks.us@dentons.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
15259129.027 |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Benjamin P. Harbuck/ |
SIGNATORY'S NAME |
Benjamin P. Harbuck |
SIGNATORY'S POSITION |
Attorney of Record, Missouri Bar Member |
SIGNATORY'S PHONE NUMBER |
314-259-5807 |
DATE SIGNED |
10/17/2019 |
RESPONSE SIGNATURE |
/Benjamin P. Harbuck/ |
SIGNATORY'S NAME |
Benjamin P. Harbuck |
SIGNATORY'S POSITION |
Attorney of Record, Missouri Bar Member |
SIGNATORY'S PHONE NUMBER |
314-259-5807 |
DATE SIGNED |
10/17/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Oct 17 13:06:04 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20191017130604653871-8828
2644-610c0ffa610a7585a891
2beabae728233f2f914981e73
bb31574c5921f2e9e86-CC-06
029608-201910171220586021
95 |
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.
88282644 AVANTE(Standard Characters, see http://uspto.report/TM/88282644/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 037 for Sales, service, repair, refurbishment and installation of healthcare and medical equipment, namely, surgical, imaging, and oncology equipment
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: Sales, service, repair, refurbishment and installation of healthcare and medical equipment, namely, surgical, imaging, and oncology
equipment;
Repair, maintenance, refurbishment and installation of healthcare and medical equipment, namely, surgical, imaging, and oncology equipmentClass
037 for Repair, maintenance, refurbishment and installation of healthcare and medical equipment, namely, surgical, imaging, and oncology equipment
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 hereby adds the following class of goods/services to the application:
New: Class 035 for Retail store services featuring medical equipment, namely, surgical, imaging, and oncology equipment; wholesale distributorships featuring medical equipment, namely,
surgical, imaging, and oncology equipment; on-line wholesale and retail store services featuring medical equipment, namely, surgical, imaging, and oncology equipment
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: Brian R. McGinley. Brian R. McGinley of DENTONS US LLP, is located at
P.O. BOX 061080
CHICAGO, Illinois 60606-1080
US
The docket/reference number is 15259129.027.
The phone number is 816-460-2400.
The fax number is 816-531-7545.
The email address is trademarks.us@dentons.com
The applicants proposed attorney information: Brian R. McGinley. Other appointed attorneys are Tiffany L. Schwartz, Benjamin Harbuck, Samuel Fifer, Carol Anne Been, Monica Richman, Tara Reedy Sliva
and Joel Bock and all other Dentons attorneys. Brian R. McGinley of Dentons US 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
Wacker Drive Station, Willis Tower
P.O. Box 061080
Chicago, Illinois 60606-1080
United States
The docket/reference number is 15259129.027.
The phone number is 816-460-2400.
The fax number is 816-531-7545.
The email address is trademarks.us@dentons.com
Brian R. McGinley 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: BRIAN R. MCGINLEY. BRIAN R. MCGINLEY of DENTONS US LLP, is located at
P.O. BOX 061080
CHICAGO, Illinois 60606-1080
US
The docket/reference number is 15259129.027.
The phone number is 816-460-2400.
The fax number is 816-531-7545.
The email address is trademarks.us@dentons.com; brian.mcginley@dentons.com
The applicants proposed correspondence information: Brian R. McGinley. Brian R. McGinley of Dentons US LLP, is located at
Wacker Drive Station, Willis Tower
P.O. Box 061080
Chicago, Illinois 60606-1080
United States
The docket/reference number is 15259129.027.
The phone number is 816-460-2400.
The fax number is 816-531-7545.
The email address is trademarks.us@dentons.com
ADDITIONAL STATEMENTS
Miscellaneous Statement
In regards to translation: The mark has only trademark significance. See TMEP §809.01(a).
FEE(S)
Fee(s) in the amount of $275 is being submitted.
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: /Benjamin P. Harbuck/ Date: 10/17/2019
Signatory's Name: Benjamin P. Harbuck
Signatory's Position: Attorney of Record, Missouri Bar Member
Signatory's Phone Number: 314-259-5807
Response Signature
Signature: /Benjamin P. Harbuck/ Date: 10/17/2019
Signatory's Name: Benjamin P. Harbuck
Signatory's Position: Attorney of Record, Missouri Bar Member
Signatory's Phone Number: 314-259-5807
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: BRIAN R. MCGINLEY
DENTONS US LLP
P.O. BOX 061080
CHICAGO, Illinois 60606-1080
Mailing Address: Brian R. McGinley
Dentons US LLP
Wacker Drive Station, Willis Tower
P.O. Box 061080
Chicago, Illinois 60606-1080
RAM Sale Number: 88282644
RAM Accounting Date: 10/17/2019
Serial Number: 88282644
Internet Transmission Date: Thu Oct 17 13:06:04 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201910171306046
53871-88282644-610c0ffa610a7585a8912beab
ae728233f2f914981e73bb31574c5921f2e9e86-
CC-06029608-20191017122058602195