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. 88315324 ITURN (Stylized and/or with Design, see http://uspto.report/TM/88315324/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of the arguments to be considered with this Response to Office Action, along with the attendant exhibits referenced therein has been attached.
Original PDF file:
evi_2603900a19119300c5e2bcc0aa5757b9-20191107173739142431_._ITURN__and_Design___Office_Action_Response_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_2603900a19119300c5e2bcc0aa5757b9-20191107173739142431_._Exhibit_A_-_Response_to_Office_Action__ITURN_.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2603900a19119300c5e2bcc0aa5757b9-20191107173739142431_._Exhibit_B_-_Response_to_Office_Action__ITURN_.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2603900a19119300c5e2bcc0aa5757b9-20191107173739142431_._Exhibit_C_-_Response_to_Office_Action__ITURN_.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2603900a19119300c5e2bcc0aa5757b9-20191107173739142431_._Exhibit_D_-_Response_to_Office_Action__ITURN_.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Specialty support surfaces, namely, supports for general medical use in the form of mattresses, mats, pads, seats, cushions, pillows and therapeutic overlays; compression cuffs for medical purposes
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: Specialty support surfaces, namely, supports for general medical use in the form of mattresses, mats, pads, seats, cushions, pillows and therapeutic overlays; Specialty support surfaces, namely, supports for general medical use in the form of mattresses, mats, padsand therapeutic overlays for use in the prevention of decubitus ulcers and to provide pulmonary therapy; compression cuffs for medical purposesClass 010 for Specialty support surfaces, namely, supports for general medical use in the form of mattresses, mats, padsand therapeutic overlays for use in the prevention of decubitus ulcers and to provide pulmonary therapy
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 proposes to amend the following class of goods/services in the application:
Current: Class 020 for Bed frames
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: Bed frames; Bed frames for use in the prevention of decubitus ulcers and to provide pulmonary therapyClass 020 for Bed frames for use in the prevention of decubitus ulcers and to provide pulmonary therapy
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: James J. Saul. James J. Saul of FAEGRE BAKER DANIELS LLP, is located at

      311 SOUTH WACKER DRIVE, SUITE 4300
      CHICAGO, Illinois 60606
      US
The docket/reference number is 135606.83.

The phone number is 312-356-5053.

The fax number is (312) 212-6501.

The email address is trademark@faegrebd.com

The applicants proposed attorney information: James J. Saul. Other appointed attorneys are Emily A. Bayton, Jared B. Briant, Amie Peele Carter, Jodi A. DeSchane, Dianna L. Gould, Stephanie A. Gumm, Brian D. Lefort, Calvin L. Litsey, David R. Merritt, Louis T. Perry, Patricia I. Reding, Peter M. Routhier, Abrahim J. Shanehsaz, James R. Steffen, and Gary S. Weinstein. James J. Saul of FAEGRE BAKER DANIELS 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

      311 SOUTH WACKER DRIVE, SUITE 4300
      CHICAGO, Illinois 60606
      United States
The docket/reference number is 135606.83.

The phone number is 312-356-5053.

The fax number is (312) 212-6501.

The email address is trademark@faegrebd.com

James J. Saul 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: JAMES J. SAUL. JAMES J. SAUL of FAEGRE BAKER DANIELS LLP, is located at

      311 SOUTH WACKER DRIVE, SUITE 4300
      CHICAGO, Illinois 60606
      US
The docket/reference number is 135606.83.

The phone number is 312-356-5053.

The fax number is (312) 212-6501.

The email address is trademark@faegrebd.com; james.saul@faegrebd.com

The applicants proposed correspondence information: James J. Saul. James J. Saul of FAEGRE BAKER DANIELS LLP, is located at

      311 SOUTH WACKER DRIVE, SUITE 4300
      CHICAGO, Illinois 60606
      United States
The docket/reference number is 135606.83.

The phone number is 312-356-5053.

The fax number is (312) 212-6501.

The email address is trademark@faegrebd.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "ITURN" with the letter "i" appearing in larger font to the left of the smaller letters "TURN", which appear below a human silhouette figure laying on a bed formed by the letters "TURN".

SIGNATURE(S)
Response Signature
Signature: /Abe J. Shanehsaz/     Date: 11/07/2019
Signatory's Name: Abe Jentry Shanehsaz
Signatory's Position: Attorney of Record, Indiana bar member

Signatory's Phone Number: 3172371029

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:    JAMES J. SAUL
   FAEGRE BAKER DANIELS LLP
   
   311 SOUTH WACKER DRIVE, SUITE 4300
   CHICAGO, Illinois 60606
Mailing Address:    James J. Saul
   FAEGRE BAKER DANIELS LLP
   311 SOUTH WACKER DRIVE, SUITE 4300
   CHICAGO, Illinois 60606
        
Serial Number: 88315324
Internet Transmission Date: Thu Nov 07 17:47:32 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20191107174732885979-88315324-
700a83f33e25671a9eff6dc3c355dec7857fff7d
32318bb2222eb46df9823558464-N/A-N/A-2019
1107173739142431