TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88315554 RELAY(Standard Characters, see http://uspto.report/TM/88315554/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: amendments to the listing of goods and arguments in response to the likelihood of confusion refusal.
Original PDF file:
evi_1-38122120154-2020051 3131332918055_._SYRNY1-_3 546918-v1-C0568_RELAY_Res ponse.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for medical devices for use in surgical and orthopedic procedures, namely, suture passers
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: medical devices for use in surgical and orthopedic procedures, namely, suture passers; medical devices for use in arthroscopic hip procedures, namely, suture passers and excluding stents, vascular prostheses and thoracic stent graftsClass 010 for medical devices for use in arthroscopic hip procedures, namely, suture passers and excluding stents, vascular prostheses and thoracic stent grafts
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Conmed Corporation, a corporation of New York, having an address of
      525 French Rd.
      Utica, New York 13502
      United States

Proposed: Conmed Corporation, a corporation of New York, having an address of
      525 French Rd.
      Utica, New York 13502
      United States
      Email Address: XXXX
Correspondence Information (current):
      Fred J.M. Price
      PRIMARY EMAIL FOR CORRESPONDENCE: pto@conmed.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bskpto@bsk.com

The docket/reference number is C0568 T.
Correspondence Information (proposed):
      Fred J.M. Price
      PRIMARY EMAIL FOR CORRESPONDENCE: pto@conmed.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bskpto@bsk.com

The docket/reference number is C0568 T.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Erin S. Phillips/     Date: 05/13/2020
Signatory's Name: Erin S. Phillips
Signatory's Position: Associate Attorney, Bond, Schoeneck & King, New York Bar member

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Fred J.M. Price
   BOND, SCHOENECK & KING PLLC
   
   ONE LINCOLN CENTER
   SYRACUSE, New York 13202
Mailing Address:    Fred J.M. Price
   BOND, SCHOENECK & KING PLLC
   ONE LINCOLN CENTER
   SYRACUSE, New York 13202
        
Serial Number: 88315554
Internet Transmission Date: Wed May 13 13:25:23 ET 2020
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-202005131325233
09914-88315554-710a0e632d49553c5d45fdb57
2cc674d9865e2957f97a678932bf523db9626be5
-N/A-N/A-20200513131332918055