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. 88352963 NITRANIUM(Standard Characters, see http://uspto.report/TM/88352963/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 dental implants comprising artificial material; Veterinary implants comprising artificial material; Surgical apparatus and instruments for medical, dental or veterinary use; Biomedical materials, namely, synthetic bone substitutes; Coatings as a component of implants, synthetic bone substitutes and related accessories; Antimicrobial surface coatings sold as an integral component of orthopedic implants and other implantable medical devices; Apparatus and instruments for use in surgery, namely, spinal implants and related accessories; Orthopaedic prostheses, namely, acetabular cups comprised of artificial materials
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: Medical and dental implants comprising artificial material; Veterinary implants comprising artificial material; Surgical apparatus and instruments for medical, dental or veterinary use; Biomedical materials, namely, synthetic bone substitutes; Coatings as a component of implants, synthetic bone substitutes and related accessories; Coatings as a component of implants, synthetic bone substitutes and related accessories, namely, acetabular cups, pedicle screws, rods, and sacroiliac fusion screws; Antimicrobial surface coatings sold as an integral component of orthopedic implants and other implantable medical devices; Apparatus and instruments for use in surgery, namely, spinal implants and related accessories; Apparatus and instruments for use in surgery, namely, spinal implants composed of artificial materials and related accessories, namely, acetabular cups, pedicle screws, rods, and sacroiliac fusion screws; Orthopaedic prostheses, namely, acetabular cups comprised of artificial materialsClass 010 for Medical and dental implants comprising artificial material; Veterinary implants comprising artificial material; Surgical apparatus and instruments for medical, dental or veterinary use; Biomedical materials, namely, synthetic bone substitutes; Coatings as a component of implants, synthetic bone substitutes and related accessories, namely, acetabular cups, pedicle screws, rods, and sacroiliac fusion screws; Antimicrobial surface coatings sold as an integral component of orthopedic implants and other implantable medical devices; Apparatus and instruments for use in surgery, namely, spinal implants composed of artificial materials and related accessories, namely, acetabular cups, pedicle screws, rods, and sacroiliac fusion screws; Orthopaedic prostheses, namely, acetabular cups comprised of artificial materials
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.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Catherine Parrish Lake/     Date: 01/15/2020
Signatory's Name: Catherine Parrish Lake
Signatory's Position: Attorney of record, Utah bar member

Signatory's Phone Number: (801) 328-3131

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.

        
Serial Number: 88352963
Internet Transmission Date: Wed Jan 15 18:28:30 EST 2020
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-202001151828301
73755-88352963-700c5a938681d32bce4a7a435
48a10a74da2123293cc48f7d833fe9493304bcca
1-N/A-N/A-20200115182444001929