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. 88312494 QS (Stylized and/or with Design, see http://uspto.report/TM/88312494/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 Fluid administration and multiple injection system and device, namely, fluid, supplement and medication injection gun system for use with animals with data recording system and dose management
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 01/30/2019 and first used in commerce at least as early as 01/30/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Fluid administration and multiple injection system and device, namely, fluid, supplement and medication injection gun system for use with animals with data recording system and dose management; Fluid administration and injection system for animals, namely, an automatic needle injection device for injecting fluids, supplements, or medication into the animal, and computer software and computer hardware for recording injection data, patient data, and for dose management, all sold together as a unitClass 010 for Fluid administration and injection system for animals, namely, an automatic needle injection device for injecting fluids, supplements, or medication into the animal, and computer software and computer hardware for recording injection data, patient data, and for dose management, all sold together as a unit
Deleted Filing Basis: 1(a)
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.

The applicant's current attorney information: Cami L Boyd. Cami L Boyd of MUSGROVE LAW FIRM P.C., is located at

      10000 N. CENTRAL EXPWY, STE 1000
      DALLAS, Texas 75231
      US

The phone number is 214-615-4147.

The fax number is 214-615-4151.

The email address is cboyd@musgrovelaw.com

The applicants proposed attorney information: Cami L Boyd. Cami L Boyd of MUSGROVE LAW FIRM P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      10000 N. CENTRAL EXPWY, STE 1000
      DALLAS, Texas 75231
      United States

The phone number is 214-615-4147.

The fax number is 214-615-4151.

The email address is cboyd@musgrovelaw.com

Cami L Boyd 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: CAMI L BOYD. CAMI L BOYD of MUSGROVE LAW FIRM P.C., is located at

      10000 N. CENTRAL EXPWY, STE 1000
      DALLAS, Texas 75231
      US

The phone number is 214-615-4147.

The fax number is 214-615-4151.

The email address is cboyd@musgrovelaw.com

The applicants proposed correspondence information: Cami L Boyd. Cami L Boyd of MUSGROVE LAW FIRM P.C., is located at

      10000 N. CENTRAL EXPWY, STE 1000
      DALLAS, Texas 75231
      United States

The phone number is 214-615-4147.

The fax number is 214-615-4151.

The email address is cboyd@musgrovelaw.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized lettering "Q" to the upper left of the stylized letter "S," wherein the bottom of the letter "Q" connects to the letter "S." The lettering "QS" is bordered by two concentric circles. The upper left of the letter "Q" and bottom right of the letter "S" connect with the inner circular border.

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: /Cami Boyd/      Date: 09/25/2019
Signatory's Name: Cami Boyd
Signatory's Position: Attorney of Record, TX Bar Member
Signatory's Phone Number: 214-615-4147


Response Signature
Signature: /Cami Boyd/     Date: 09/25/2019
Signatory's Name: Cami Boyd
Signatory's Position: Attorney of Record, TX Bar Member

Signatory's Phone Number: 214-615-4147

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:    CAMI L BOYD
   MUSGROVE LAW FIRM P.C.
   
   10000 N. CENTRAL EXPWY, STE 1000
   DALLAS, Texas 75231
Mailing Address:    Cami L Boyd
   MUSGROVE LAW FIRM P.C.
   10000 N. CENTRAL EXPWY, STE 1000
   DALLAS, Texas 75231
        
Serial Number: 88312494
Internet Transmission Date: Wed Sep 25 10:46:35 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190925104635348
730-88312494-610684fe55f9959cafaf3363afc
47a314c319d5401561127240cc8e9a2c8d812e6a
-N/A-N/A-20190925104043471413