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. 88350787 PEREGRINE(Standard Characters, see http://uspto.report/TM/88350787/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 Medical and surgical devices and instruments;, namely, medical devices and instruments for use in the examination, treatment, and surgery of the ear, nose, and throat, namely, endoscopes; surgical devices and instruments for use in the examination, treatment, and surgery of the ear, nose and throat, namely, endoscopes; medical devices and instruments for diagnosing, monitoring, or treating ear, nose, and throat conditions and diseases, namely, endoscopes
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.

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[ Israel application number IL309691 filed 10/08/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Medical and surgical devices and instruments; , namely, medical devices and instruments for use in the examination, treatment, and surgery of the ear, nose, and throat, namely, endoscopes; namely medical devices and instruments for use in the examination, treatment, and surgery of the ear, nose, and throat, namely, endoscopes; surgical devices and instruments for use in the examination, treatment, and surgery of the ear, nose and throat, namely, endoscopes; surgical devices and instruments for use in the examination, treatment, and surgery of the ear, nose and throat namely endoscopes; medical devices and instruments for diagnosing, monitoring, or treating ear, nose, and throat conditions and diseases, namely, endoscopesClass 010 for Medical and surgical devices and instruments; namely medical devices and instruments for use in the examination, treatment, and surgery of the ear, nose, and throat, namely, endoscopes; surgical devices and instruments for use in the examination, treatment, and surgery of the ear, nose and throat namely endoscopes; medical devices and instruments for diagnosing, monitoring, or treating ear, nose, and throat conditions and diseases, namely, endoscopes
Deleted Filing Basis: 1(b)
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 [ Israel application number IL309691 filed 10/08/2018]. 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 [ Israel registration number 309691 registered 08/01/2019 with a renewal date of __________ and an expiration date of 10/08/2028 ], 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:
FRU0-216150233122-100815371_._005416_Peregrine_Reg._certificate.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

The applicant's current attorney information: Robyn S. Lederman. Robyn S. Lederman of BROOKS KUSHMAN P.C., is located at

      1000 TOWN CENTER, 22ND FLOOR
      SOUTHFIELD, Michigan 48075
      US
The docket/reference number is BOROL0127TUS.

The phone number is 248-358-4400.

The fax number is 248-358-3351.

The email address is trademarks@brookskushman.com

The applicants proposed attorney information: Robyn S. Lederman. Robyn S. Lederman of BROOKS KUSHMAN P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1000 TOWN CENTER, 22ND FLOOR
      SOUTHFIELD, Michigan 48075
      United States
The docket/reference number is BOROL0127TUS.

The phone number is 248-358-4400.

The fax number is 248-358-3351.

The email address is trademarks@brookskushman.com

Robyn S. Lederman submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: ROBYN S. LEDERMAN. ROBYN S. LEDERMAN of BROOKS KUSHMAN P.C., is located at

      1000 TOWN CENTER, 22ND FLOOR
      SOUTHFIELD, Michigan 48075
      US
The docket/reference number is BOROL0127TUS.

The phone number is 248-358-4400.

The fax number is 248-358-3351.

The email address is trademarks@brookskushman.com

The applicants proposed correspondence information: Robyn S. Lederman. Robyn S. Lederman of BROOKS KUSHMAN P.C., is located at

      1000 TOWN CENTER, 22ND FLOOR
      SOUTHFIELD, Michigan 48075
      United States
The docket/reference number is BOROL0127TUS.

The phone number is 248-358-4400.

The fax number is 248-358-3351.

The email address is trademarks@brookskushman.com

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /rlederman/     Date: 08/04/2019
Signatory's Name: Robyn S. Lederman
Signatory's Position: Attorney of record

Signatory's Phone Number: 248 358 4400

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:    ROBYN S. LEDERMAN
   BROOKS KUSHMAN P.C.
   
   1000 TOWN CENTER, 22ND FLOOR
   SOUTHFIELD, Michigan 48075
Mailing Address:    Robyn S. Lederman
   BROOKS KUSHMAN P.C.
   1000 TOWN CENTER, 22ND FLOOR
   SOUTHFIELD, Michigan 48075
        
Serial Number: 88350787
Internet Transmission Date: Sun Aug 04 10:12:23 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190804101223
421237-88350787-61088a548cc7b45aec7abacc
bf28576c301c579d6b1ce98683d2f959c8bd799f
fa-N/A-N/A-20190804100815371679