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 |
88290811 |
LAW OFFICE ASSIGNED |
LAW OFFICE 126 |
MARK SECTION |
MARK |
http://uspto.report/TM/88290811/mark.png |
LITERAL ELEMENT |
BEE |
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. |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_4721202198-20191004135714799428_._Remarks_1374-219.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0003.JPG |
DESCRIPTION OF EVIDENCE FILE |
Applicant's arguments and remarks in response to the Office Action. |
GOODS AND/OR SERVICES SECTION (010)(current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Surgical implants; spinal plates; surgical instruments for spinal surgery; implant models; biodegradable implants; implants for
osteosynthesis; artificial bones for implantation; implants for the cervical spine; compression screws in the form of orthopaedic surgical implants; plates in the form of orthopaedic surgical
implants; artificial bone parts for implantation in natural bone; parts and accessories for all the aforesaid goods, so far as included in class 10 |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018004520 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
12/21/2018 |
GOODS AND/OR SERVICES SECTION (010)(proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Surgical implants; Surgical implants comprised of artificial
materials; spinal plates; medical devices, namely, spinal plates; surgical instruments for spinal
surgery; implant models; implant models in the nature of implants consisting of artificial materials, surgical implants
comprised of artificial materials, spinal plates, biodegradable implants, namely, biodegradable bone fixation implants, implants for osteosynthesis comprised of artificial materials, artificial bones
for implantation, implants for the cervical spine comprised of artificial materials, compression screws in the form of orthopaedic surgical implants, plates in the form of orthopaedic surgical
implants and artificial bone parts for implantation in natural bone; biodegradable implants; biodegradable implants,
namely, biodegradable bone fixation implants; implants for osteosynthesis; implants for osteosynthesis comprised of
artificial materials; artificial bones for implantation; implants for the cervical spine; implants for the cervical spine comprised of artificial materials; compression screws in the form of orthopaedic surgical implants; plates
in the form of orthopaedic surgical implants; artificial bone parts for implantation in natural bone; parts and accessories for
all the aforesaid goods, so far as included in class 10; structural parts and accessories for all the aforesaid goods, namely, medical instruments for use in
orthopedic surgery, structural spare parts for all the aforesaid goods. |
FINAL DESCRIPTION |
Surgical implants comprised of artificial materials; medical devices, namely, spinal plates; surgical instruments for spinal surgery;
implant models in the nature of implants consisting of artificial materials, surgical implants comprised of artificial materials, spinal plates, biodegradable implants, namely, biodegradable bone
fixation implants, implants for osteosynthesis comprised of artificial materials, artificial bones for implantation, implants for the cervical spine comprised of artificial materials, compression
screws in the form of orthopaedic surgical implants, plates in the form of orthopaedic surgical implants and artificial bone parts for implantation in natural bone; biodegradable implants, namely,
biodegradable bone fixation implants; implants for osteosynthesis comprised of artificial materials; artificial bones for implantation; implants for the cervical spine comprised of artificial
materials; compression screws in the form of orthopaedic surgical implants; plates in the form of orthopaedic surgical implants; artificial bone parts for implantation in natural bone; structural
parts and accessories for all the aforesaid goods, namely, medical instruments for use in orthopedic surgery, structural spare parts for all the aforesaid goods. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018004520 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
12/21/2018 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
018004520 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
05/17/2019 |
FOREIGN EXPIRATION DATE |
12/21/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-4721202198-135714799_._Certified_Copy_1374-219.pdf |
CONVERTED PDF FILE(S)
(6 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0009.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (044)(current) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Human health care and medical services; advice relating to orthopaedic implants; hire, rental and leasing of goods in connection with
the provision of the abovementioned services, in so far as included in Class 44; advice and information relating to the abovementioned services, in so far as included in Class 44 |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018004520 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
12/21/2018 |
GOODS AND/OR SERVICES SECTION (044)(proposed) |
INTERNATIONAL CLASS |
044 |
TRACKED TEXT DESCRIPTION |
Human health care and medical services; advice relating to orthopaedic implants;
hire, rental and leasing of goods in connection with the provision of the abovementioned services, in so far as included in Class 44; hire, rental and leasing of goods in connection with the provision of the abovementioned services, namely, hire, rental and leasing of medical equipment, machines, and apparatus;
advice and information relating to the abovementioned services, in so far as included in Class 44; advice and information
relating to the abovementioned services. |
FINAL DESCRIPTION |
Human health care and medical services; advice relating to orthopaedic implants; hire, rental and leasing of goods in connection with
the provision of the abovementioned services, namely, hire, rental and leasing of medical equipment, machines, and apparatus; advice and information relating to the abovementioned services. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018004520 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
12/21/2018 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
018004520 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
05/17/2019 |
FOREIGN EXPIRATION DATE |
12/21/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU1-1-4721202198-135714799_._Certified_Copy_1374-219.pdf |
CONVERTED PDF FILE(S)
(6 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0010.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0011.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0012.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0013.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0014.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\908\88290811\xml6\ROA0015.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
ATTORNEY SECTION (new) |
NAME |
Christian P. Bodner |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
BODNER & O'ROURKE, LLP |
STREET |
425 BROADHOLLOW ROAD, SUITE 120 |
CITY |
MELVILLE |
STATE |
New York |
POSTAL CODE |
11747-4701 |
COUNTRY |
United States |
PHONE |
631-249-7500 |
FAX |
631-249-4471 |
EMAIL |
cbodner@bodnerorourke.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1374-219 |
OTHER APPOINTED ATTORNEY |
Gerald T. Bodner |
CORRESPONDENCE SECTION (current) |
CORRESPONDENCE SECTION (proposed) |
NAME |
Christian P. Bodner |
FIRM NAME |
BODNER & O'ROURKE, LLP |
STREET |
425 BROADHOLLOW ROAD, SUITE 120 |
CITY |
MELVILLE |
STATE |
New York |
POSTAL CODE |
11747-4701 |
COUNTRY |
United States |
PHONE |
631-249-7500 |
FAX |
631-249-4471 |
EMAIL |
cbodner@bodnerorourke.com; gbodner@bodnerorourke.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1374-219 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/christian p. bodner/ |
SIGNATORY'S NAME |
Christian P. Bodner |
SIGNATORY'S POSITION |
Attorney of record, New York Bar member |
SIGNATORY'S PHONE NUMBER |
6312497500 |
DATE SIGNED |
10/04/2019 |
RESPONSE SIGNATURE |
/christian p. bodner/ |
SIGNATORY'S NAME |
Christian P. Bodner |
SIGNATORY'S POSITION |
Attorney of record, New York Bar member |
SIGNATORY'S PHONE NUMBER |
6312497500 |
DATE SIGNED |
10/04/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Oct 04 15:50:41 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0191004155041273528-88290
811-6105b5dc8119ce24a8bbc
ef65c337974186f335d8820fa
99d9153fc8315baa931-N/A-N
/A-20191004135714799428 |
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.
88290811 BEE(Standard Characters, see http://uspto.report/TM/88290811/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of Applicant's arguments and remarks in response to the Office Action. has been attached.
Original PDF file:
evi_4721202198-20191004135714799428_._Remarks_1374-219.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Surgical implants; spinal plates; surgical instruments for spinal surgery; implant models; biodegradable implants; implants for osteosynthesis; artificial bones for
implantation; implants for the cervical spine; compression screws in the form of orthopaedic surgical implants; plates in the form of orthopaedic surgical implants; artificial bone parts for
implantation in natural bone; parts and accessories for all the aforesaid goods, so far as included in class 10
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[ European Union Trademark - EUTM application number 018004520 filed 12/21/2018]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Surgical implants;
Surgical implants comprised of artificial materials;
spinal plates;
medical devices, namely, spinal plates;
surgical instruments for spinal surgery;
implant models;
implant models in the nature of implants consisting of artificial materials, surgical implants comprised of artificial materials,
spinal plates, biodegradable implants, namely, biodegradable bone fixation implants, implants for osteosynthesis comprised of artificial materials, artificial bones for implantation, implants for the
cervical spine comprised of artificial materials, compression screws in the form of orthopaedic surgical implants, plates in the form of orthopaedic surgical implants and artificial bone parts for
implantation in natural bone;
biodegradable implants;
biodegradable implants, namely, biodegradable bone fixation
implants;
implants for osteosynthesis;
implants for osteosynthesis comprised of artificial materials;
artificial bones for implantation;
implants for the cervical spine;
implants for the cervical spine comprised of
artificial materials;
compression screws in the form of orthopaedic surgical implants;
plates in the form of orthopaedic surgical implants;
artificial bone parts for implantation in natural bone;
parts and accessories for all the aforesaid goods, so far as included in class
10;
structural parts and accessories for all the aforesaid goods, namely, medical instruments for use in orthopedic surgery, structural spare parts for all the
aforesaid goods.Class 010 for Surgical implants comprised of artificial materials; medical devices, namely, spinal plates; surgical instruments for spinal surgery; implant models in the nature
of implants consisting of artificial materials, surgical implants comprised of artificial materials, spinal plates, biodegradable implants, namely, biodegradable bone fixation implants, implants for
osteosynthesis comprised of artificial materials, artificial bones for implantation, implants for the cervical spine comprised of artificial materials, compression screws in the form of orthopaedic
surgical implants, plates in the form of orthopaedic surgical implants and artificial bone parts for implantation in natural bone; biodegradable implants, namely, biodegradable bone fixation
implants; implants for osteosynthesis comprised of artificial materials; artificial bones for implantation; implants for the cervical spine comprised of artificial materials; compression screws in
the form of orthopaedic surgical implants; plates in the form of orthopaedic surgical implants; artificial bone parts for implantation in natural bone; structural parts and accessories for all the
aforesaid goods, namely, medical instruments for use in orthopedic surgery, structural spare parts for all the aforesaid goods.
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 [ European Union Trademark - EUTM application number 018004520 filed
12/21/2018]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018004520
registered 05/17/2019 with a renewal date of __________ and an expiration date of 12/21/2028 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-4721202198-135714799_._Certified_Copy_1374-219.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Human health care and medical services; advice relating to orthopaedic implants; hire, rental and leasing of goods in connection with the provision of the abovementioned
services, in so far as included in Class 44; advice and information relating to the abovementioned services, in so far as included in Class 44
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[ European Union Trademark - EUTM application number 018004520 filed 12/21/2018]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Human health care and medical services;
advice relating to orthopaedic implants;
hire, rental and leasing of goods in connection with the provision of the abovementioned services, in so far as included in Class 44;
hire, rental and
leasing of goods in connection with the provision of the abovementioned services, namely, hire, rental and leasing of medical equipment, machines, and apparatus;
advice and information relating to the abovementioned services, in so far as included in Class 44;
advice and information relating to the abovementioned
services.Class 044 for Human health care and medical services; advice relating to orthopaedic implants; hire, rental and leasing of goods in connection with the provision of the abovementioned
services, namely, hire, rental and leasing of medical equipment, machines, and apparatus; advice and information relating to the abovementioned services.
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 [ European Union Trademark - EUTM application number 018004520 filed
12/21/2018]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018004520
registered 05/17/2019 with a renewal date of __________ and an expiration date of 12/21/2028 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-1-4721202198-135714799_._Certified_Copy_1374-219.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
The applicant hereby appoints Christian P. Bodner. Other appointed attorneys are Gerald T. Bodner. Christian P. Bodner of BODNER & O'ROURKE, 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
425 BROADHOLLOW ROAD, SUITE 120
MELVILLE, New York 11747-4701
United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 1374-219.
The phone number is 631-249-7500.
The fax number is 631-249-4471.
The email address is cbodner@bodnerorourke.com
Christian P. Bodner 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: . , is located at
,
The applicants proposed correspondence information: Christian P. Bodner. Christian P. Bodner of BODNER & O'ROURKE, LLP, is located at
425 BROADHOLLOW ROAD, SUITE 120
MELVILLE, New York 11747-4701
United States
The docket/reference number is 1374-219.
The phone number is 631-249-7500.
The fax number is 631-249-4471.
The email address is cbodner@bodnerorourke.com; gbodner@bodnerorourke.com
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: /christian p. bodner/ Date: 10/04/2019
Signatory's Name: Christian P. Bodner
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 6312497500
Response Signature
Signature: /christian p. bodner/ Date: 10/04/2019
Signatory's Name: Christian P. Bodner
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 6312497500
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:
,
Mailing Address: Christian P. Bodner
BODNER & O'ROURKE, LLP
425 BROADHOLLOW ROAD, SUITE 120
MELVILLE, New York 11747-4701
Serial Number: 88290811
Internet Transmission Date: Fri Oct 04 15:50:41 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019100415504127
3528-88290811-6105b5dc8119ce24a8bbcef65c
337974186f335d8820fa99d9153fc8315baa931-
N/A-N/A-20191004135714799428