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. 88302985 IMPLAFIT(Standard Characters, see http://uspto.report/TM/88302985/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 Artificial joints and bone parts to be implanted in natural bones; surgical devices and instruments
Original Filing Basis:
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[ Germany application number 302018110290 filed 09/14/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Germany registration number 302018110290 registered 10/19/2018 with a renewal date of __________ and an expiration date of 09/30/2028 ], 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.

Proposed: Class 010 for Artificial joints and bone parts to be implanted in natural bones; surgical devices and instruments
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 [ Germany application number 302018110290 filed 09/14/2018]. 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 [ Germany registration number 302018110290 registered 10/19/2018 with a renewal date of __________ and an expiration date of 09/30/2028 ], 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:
FRU0-20422723238-140245863_._Registration_Certificate_implaFit.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2

The applicant's current attorney information: Patrick J. Jennings. Patrick J. Jennings of PILLSBURY WINTHROP SHAW PITTMAN, LLP, is located at

      1200 SEVENTEENTH STREET, NW
      WASHINGTON, District of Columbia 20036
      US
The docket/reference number is 8958-503307.

The phone number is 202-663-8918.

The email address is dctm@pillsburylaw.com

The applicants proposed attorney information: Patrick J. Jennings. Patrick J. Jennings of PILLSBURY WINTHROP SHAW PITTMAN, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1200 SEVENTEENTH STREET, NW
      WASHINGTON, District of Columbia 20036
      United States
The docket/reference number is 8958-503307.

The phone number is 202-663-8918.

The email address is dctm@pillsburylaw.com

Patrick J. Jennings 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: PATRICK J. JENNINGS. PATRICK J. JENNINGS of PILLSBURY WINTHROP SHAW PITTMAN, LLP, is located at

      1200 SEVENTEENTH STREET, NW
      WASHINGTON, District of Columbia 20036
      US
The docket/reference number is 8958-503307.

The phone number is 202-663-8918.

The email address is dctm@pillsburylaw.com

The applicants proposed correspondence information: Patrick J. Jennings. Patrick J. Jennings of PILLSBURY WINTHROP SHAW PITTMAN, LLP, is located at

      1200 SEVENTEENTH STREET, NW
      WASHINGTON, District of Columbia 20036
      United States
The docket/reference number is 8958-503307.

The phone number is 202-663-8918.

The email address is dctm@pillsburylaw.com

SIGNATURE(S)
Response Signature
Signature: /Pat Jennings/     Date: 08/20/2019
Signatory's Name: Patrick J. Jennings
Signatory's Position: Attorney of Record, DC Bar Member

Signatory's Phone Number: 202-663-8918

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:    PATRICK J. JENNINGS
   PILLSBURY WINTHROP SHAW PITTMAN, LLP
   
   1200 SEVENTEENTH STREET, NW
   WASHINGTON, District of Columbia 20036
Mailing Address:    Patrick J. Jennings
   PILLSBURY WINTHROP SHAW PITTMAN, LLP
   1200 SEVENTEENTH STREET, NW
   WASHINGTON, District of Columbia 20036
        
Serial Number: 88302985
Internet Transmission Date: Tue Aug 20 14:05:38 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201908201405387
33474-88302985-610e4d16b745a21134c0dfa64
59e36d6529ee218cfdba8030f55bc8232833652-
N/A-N/A-20190820140245863821