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. 88288197 MOS(Standard Characters, see http://uspto.report/TM/88288197/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 009 for Software for monitoring patient neural signals acquired by electrodes, Software for monitoring and controlling currents delivered to electrodes and software to record electrical neural activity
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: Software for monitoring patient neural signals acquired by electrodes, Software for monitoring and controlling currents delivered to electrodes and software to record electrical neural activity; Recorded software for monitoring patient neural signals acquired by electrodes, Recorded software for monitoring and controlling currents delivered to electrodes and software to record electrical neural activityClass 009 for Recorded software for monitoring patient neural signals acquired by electrodes, Recorded software for monitoring and controlling currents delivered to electrodes and software to record electrical neural activity
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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Synchron Australia PTY LTD a(n) limited company (ltd.), legally organized under the laws of Australia, having an address of
      
      L1 Kenneth Myer Building30 Royal Parade
      Melbourne, 3052
      Australia

      XXXX (not authorized)
      650-242-4210
Proposed: Synchron Australia PTY LTD, proprietary limited company (p/l or pty. ltd.) legally organized under the laws of Australia, having an address of
      L1 Kenneth Myer Building
      30 Royal Parade
      Melbourne, 3052
      Australia
      XXXX (not authorized)
      650-242-4210

The applicant's current attorney information: Sanjay S. Bagade. Sanjay S. Bagade of LEVINE BAGADE HAN LLP, is located at

      SUITE 120
      2400 GENG ROAD
      PALO ALTO, California 94303
      US
The docket/reference number is SYNCTZ00200.

The phone number is 650-242-4210.

The email address is trademark@lbhip.com

The applicants proposed attorney information: Sanjay S. Bagade. Other appointed attorneys are Grant R. McAdams. Sanjay S. Bagade of LEVINE BAGADE HAN 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

      SUITE 120
      2400 GENG ROAD
      PALO ALTO, California 94303
      United States
The docket/reference number is SYNCTZ00200.

The phone number is 650-242-4210.

The email address is trademark@lbhip.com

Sanjay S. Bagade 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: SANJAY S. BAGADE. SANJAY S. BAGADE of LEVINE BAGADE HAN LLP, is located at

      SUITE 120
      2400 GENG ROAD
      PALO ALTO, California 94303
      US
The docket/reference number is SYNCTZ00200.

The phone number is 650-242-4210.

The email address is trademark@lbhip.com

The applicants proposed correspondence information: Sanjay S. Bagade. Sanjay S. Bagade of LEVINE BAGADE HAN LLP, is located at

      SUITE 120
      2400 GENG ROAD
      PALO ALTO, California 94303
      United States
The docket/reference number is SYNCTZ00200.

The phone number is 650-242-4210.

The email address is trademark@lbhip.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Office Action on page 2 indicates "Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid." In response, Applicant restricts the application to classes 9 and 10 for which fees were paid on February 4, 2019.


SIGNATURE(S)
Response Signature
Signature: /Grant R. McAdams/     Date: 10/18/2019
Signatory's Name: Grant R. McAdams
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 650-242-4210

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:    SANJAY S. BAGADE
   LEVINE BAGADE HAN LLP
   SUITE 120
   2400 GENG ROAD
   PALO ALTO, California 94303
Mailing Address:    Sanjay S. Bagade
   LEVINE BAGADE HAN LLP
   SUITE 120
   2400 GENG ROAD
   PALO ALTO, California 94303
        
Serial Number: 88288197
Internet Transmission Date: Fri Oct 18 03:23:42 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201910180323425
95983-88288197-6101cadc7214a85d3f606cbce
79375d58296457e7c309f3be4515ce86ac929536
9-N/A-N/A-20191018030751494295