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. 88322262 BIOBRACE(Standard Characters, see http://uspto.report/TM/88322262/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 Argument; Product information has been attached.
Original PDF file:
evi_14412118218-20191108145721103615_._BIOBRACE_-_Evidence.pdf
Converted PDF file(s) ( 12 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Bioresorbable implant that facilitates the regeneration of new tissue
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: Bioresorbable implant that facilitates the regeneration of new tissue; Bioresorbable tissue-engineered scaffold implant that facilitates the regeneration of new tissue, namely a tissue-engineered scaffold implant implanted internally by a surgeon in a patient's body that is fully bioresorbable and remodels into functional tissue that enables the patient's body to heal itself without the pain and risks associated with traditional surgical implantsClass 010 for Bioresorbable tissue-engineered scaffold implant that facilitates the regeneration of new tissue, namely a tissue-engineered scaffold implant implanted internally by a surgeon in a patient's body that is fully bioresorbable and remodels into functional tissue that enables the patient's body to heal itself without the pain and risks associated with traditional surgical implants
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: Catherine Intravia. Catherine Intravia of SHIPMAN & GOODWIN LLP, is located at

      ONE CONSTITUTION PLAZA
      HARTFORD, Connecticut 06103-1919
      US
The docket/reference number is 60643-01.

The phone number is 860-251-5805.

The fax number is 860-251-5211.

The email address is trademarks@goodwin.com

The applicants proposed attorney information: Catherine Intravia. Other appointed attorneys are Glenn M. Cunningham. Catherine Intravia of SHIPMAN & GOODWIN 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

      ONE CONSTITUTION PLAZA
      HARTFORD, Connecticut 06103-1919
      United States
The docket/reference number is 60643-01.

The phone number is 860-251-5805.

The fax number is 860-251-5211.

The email address is trademarks@goodwin.com

Catherine Intravia 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: CATHERINE INTRAVIA. CATHERINE INTRAVIA of SHIPMAN & GOODWIN LLP, is located at

      ONE CONSTITUTION PLAZA
      HARTFORD, Connecticut 06103-1919
      US
The docket/reference number is 60643-01.

The phone number is 860-251-5805.

The fax number is 860-251-5211.

The email address is trademarks@goodwin.com

The applicants proposed correspondence information: Catherine Intravia. Catherine Intravia of SHIPMAN & GOODWIN LLP, is located at

      ONE CONSTITUTION PLAZA
      HARTFORD, Connecticut 06103-1919
      United States
The docket/reference number is 60643-01.

The phone number is 860-251-5805.

The fax number is 860-251-5211.

The email address is trademarks@goodwin.com

SIGNATURE(S)
Response Signature
Signature: //Catherine Intravia/     Date: 11/08/2019
Signatory's Name: Catherine Intravia
Signatory's Position: Attorney for Record, Connecticut Bar member

Signatory's Phone Number: 860-251-5805

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:    CATHERINE INTRAVIA
   SHIPMAN & GOODWIN LLP
   
   ONE CONSTITUTION PLAZA
   HARTFORD, Connecticut 06103-1919
Mailing Address:    Catherine Intravia
   SHIPMAN & GOODWIN LLP
   ONE CONSTITUTION PLAZA
   HARTFORD, Connecticut 06103-1919
        
Serial Number: 88322262
Internet Transmission Date: Fri Nov 08 15:26:05 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201911081526054
25278-88322262-70030ad6d93036e26b57027df
adf67b9708a5dd31aac2dd8fae835ee7c2fda52-
N/A-N/A-20191108145721103615