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 |
88287215 |
LAW OFFICE ASSIGNED |
LAW OFFICE 118 |
MARK SECTION |
MARK |
http://uspto.report/TM/88287215/mark.png |
LITERAL ELEMENT |
EXULT |
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 (current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Surgical apparatus and instruments; bone cementation tools and equipment, namely, surgical devices and instruments; surgical apparatus
and instruments for use with bone and implant surgery; bone retractors; artificial bone parts to be implanted in natural bones; surgical implants comprised of artificial materials; bone substitutes
for surgical use; artificial skin for surgical use; medical apparatus and instruments for use with bone and implant treament; suture materials for medical use; artificial joints for medical use;
prosthetic sockets used to fasten prosthetic limbs to the body; artificial limbs; artificial bones for implantation; artificial knee joints; endoprostheses; artificial cartilage; prosthetic
ligaments |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
40-2019-0017 |
FOREIGN APPLICATION COUNTRY |
Korea, South |
FOREIGN FILING DATE |
01/31/2019 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Surgical apparatus and instruments; bone cementation tools and equipment, namely, surgical
devices and instruments; surgical apparatus and instruments for use with bone and implant surgery; bone retractors; artificial bone parts to be implanted in natural bones; surgical implants comprised of artificial materials; bone substitutes for
surgical use; artificial skin for surgical use; medical apparatus and instruments for use with bone and implant treament;
medical apparatus and instruments for treating osteotraumatic injuries, degenerative bone diseases and joint diseases; suture materials for
medical use; artificial joints for medical use; prosthetic sockets used to fasten prosthetic limbs to the body; artificial limbs; artificial bones for implantation; artificial knee joints; endoprostheses;
artificial cartilage; prosthetic ligaments |
FINAL DESCRIPTION |
Surgical apparatus and instruments; bone cementation tools and equipment, namely, surgical devices and instruments; surgical apparatus
and instruments for use with bone and implant surgery; bone retractors; artificial bone parts to be implanted in natural bones; surgical implants comprised of artificial materials; bone substitutes
for surgical use; artificial skin for surgical use; medical apparatus and instruments for treating osteotraumatic injuries, degenerative bone diseases and joint diseases; suture materials for medical
use; artificial joints for medical use; prosthetic sockets used to fasten prosthetic limbs to the body; artificial limbs; artificial bones for implantation; artificial knee joints; endoprostheses;
artificial cartilage; prosthetic ligaments |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
40-2019-0017 |
FOREIGN APPLICATION COUNTRY |
Korea, South |
FOREIGN FILING DATE |
01/31/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
The corresponding foreign registration has yet to issue. Therefore, Applicant respectfully requests suspension of the subject application
pending the submission of a photocopy of the corresponding certificate of registration. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Richard Y. Kim/ |
SIGNATORY'S NAME |
Richard Y. Kim |
SIGNATORY'S POSITION |
Attorney of Record, DC Bar Member |
SIGNATORY'S PHONE NUMBER |
202.756.8000 |
DATE SIGNED |
06/27/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jun 27 07:08:14 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XXX
-20190627070814546841-882
87215-620d27ee5606ffbf893
064accf52b30599ae49ade581
c4128eed231048628cc9-N/A-
N/A-20190627070227361887 |
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.
88287215 EXULT(Standard Characters, see http://uspto.report/TM/88287215/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 010 for Surgical apparatus and instruments; bone cementation tools and equipment, namely, surgical devices and instruments; surgical apparatus and instruments for use with bone
and implant surgery; bone retractors; artificial bone parts to be implanted in natural bones; surgical implants comprised of artificial materials; bone substitutes for surgical use; artificial skin
for surgical use; medical apparatus and instruments for use with bone and implant treament; suture materials for medical use; artificial joints for medical use; prosthetic sockets used to fasten
prosthetic limbs to the body; artificial limbs; artificial bones for implantation; artificial knee joints; endoprostheses; artificial cartilage; prosthetic ligaments
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Korea, South application number 40-2019-0017 filed 01/31/2019]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Surgical apparatus and instruments;
bone cementation tools and equipment, namely, surgical devices and instruments;
surgical apparatus and instruments for use with bone and implant surgery;
bone retractors;
artificial bone parts to be
implanted in natural bones;
surgical implants comprised of artificial materials;
bone substitutes for surgical use;
artificial skin for surgical use;
medical apparatus and instruments for use with bone and implant treament;
medical apparatus and instruments for treating osteotraumatic injuries, degenerative bone diseases and joint diseases;
suture materials for medical use;
artificial joints for medical use;
prosthetic sockets used to fasten prosthetic limbs to the body;
artificial limbs;
artificial bones for implantation;
artificial knee joints;
endoprostheses;
artificial
cartilage;
prosthetic ligamentsClass 010 for Surgical apparatus and instruments; bone cementation tools and equipment, namely, surgical devices and instruments;
surgical apparatus and instruments for use with bone and implant surgery; bone retractors; artificial bone parts to be implanted in natural bones; surgical implants comprised of artificial materials;
bone substitutes for surgical use; artificial skin for surgical use; medical apparatus and instruments for treating osteotraumatic injuries, degenerative bone diseases and joint diseases; suture
materials for medical use; artificial joints for medical use; prosthetic sockets used to fasten prosthetic limbs to the body; artificial limbs; artificial bones for implantation; artificial knee
joints; endoprostheses; artificial cartilage; prosthetic ligaments
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Korea, South application number 40-2019-0017 filed 01/31/2019]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS
Miscellaneous Statement
The corresponding foreign registration has yet to issue. Therefore, Applicant respectfully requests suspension of the subject application pending the submission of a photocopy of the corresponding
certificate of registration.
SIGNATURE(S)
Response Signature
Signature: /Richard Y. Kim/ Date: 06/27/2019
Signatory's Name: Richard Y. Kim
Signatory's Position: Attorney of Record, DC Bar Member
Signatory's Phone Number: 202.756.8000
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: 88287215
Internet Transmission Date: Thu Jun 27 07:08:14 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190627070814
546841-88287215-620d27ee5606ffbf893064ac
cf52b30599ae49ade581c4128eed231048628cc9
-N/A-N/A-20190627070227361887