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. 88284321 OZARK(Standard Characters, see http://uspto.report/TM/88284321/mark.png) has been amended as follows:

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

RESPONSE

This is in response to the Office Action dated April 12, 2019.

 

SUBSTITUTE SPECIMENS

The Examining Attorney contends that the specimen in International Class 10 is unreadable or illegible, and thus does not clearly show the applied-for mark in use in commerce.  To resolve this issue, Applicant submits herewith substitute specimens.  Based on the submission of these substitute specimens evidencing use in commerce, Applicant respectfully requests that the Examining Attorney withdraw this basis for refusal.

DECLARATION REGARDING SUBSTITUTE SPECIMENS

Substitute specimens showing the mark as used in commerce are presented herewith.  These substitute specimens were in use in commerce prior to the filing of the application.

The undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both under 19 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that the undersigned is properly authorized to execute this document on behalf of the owner; the undersigned believes the Applicant to be the owner of the trademark sought to be registered; and all statements made of the undersigned's own knowledge are true and that all statements made are information believed to be true.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for MEDICAL, SURGICAL AND ORTHOPEDIC IMPLANTS MADE OF ARTIFICIAL MATERIALS; ORTHOPEDIC INSTRUMENTS TO FACILITATE THE IMPLANTATION OF ORTHOPEDIC IMPLANTS
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/13/2017 and first used in commerce at least as early as 10/13/2017 , and is now in use in such commerce.

Proposed: Class 010 for MEDICAL, SURGICAL AND ORTHOPEDIC IMPLANTS MADE OF ARTIFICIAL MATERIALS; ORTHOPEDIC INSTRUMENTS TO FACILITATE THE IMPLANTATION OF ORTHOPEDIC IMPLANTS
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/13/2017 and first used in commerce at least as early as 10/13/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 010 . The specimen(s) submitted consists of photographs of mark as used on the surgical tray containing the goods .
"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].
Original PDF file:
SPU0-17325148210-20190718092642961174_._OZARKspecimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-17325148210-20190718092642961174_._OZARKspecimenII.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

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: /Thomas M. Palisi/      Date: 07/18/2019
Signatory's Name: THOMAS M. PALISI
Signatory's Position: ATTORNEY OF RECORD, NJ BAR MEMBER
Signatory's Phone Number: 908.654.5000


Response Signature
Signature: /Thomas M. Palisi/     Date: 07/18/2019
Signatory's Name: THOMAS M. PALISI
Signatory's Position: ATTORNEY OF RECORD, NJ BAR MEMBER

Signatory's Phone Number: 908.654.5000

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: 88284321
Internet Transmission Date: Thu Jul 18 13:22:39 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201907181322396
43330-88284321-62038e9c5be498a3aa5c74687
1d3efbea8de552a43d856805638f64c767a41de-
N/A-N/A-20190718121053133257