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. 88355281 STRANDSMART(Standard Characters, see http://uspto.report/TM/88355281/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 005 for Diagnostic testing devices, namely diagnostic kits for testing blood samples for cancers, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer
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: Diagnostic testing devices, namely diagnostic kits for testing blood samples for cancers, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer; Diagnostic testing devices, namely diagnostic kits comprised of a cartridge with microelectrodes therein, each microelectrode having a carbon nanotube film with cancer-specific antibodies or other targeting materials thereon for testing blood samples for detection of cancers, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer; Diagnostic kits comprised of cartridges with microelectrodes therein, each microelectrode having a carbon nanotube film with cancer-specific antibodies or other targeting materials thereon for use with an analysis device for testing of blood for detecting cancers in blood samples, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer.Class 005 for Diagnostic testing devices, namely diagnostic kits comprised of a cartridge with microelectrodes therein, each microelectrode having a carbon nanotube film with cancer-specific antibodies or other targeting materials thereon for testing blood samples for detection of cancers, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer; Diagnostic kits comprised of cartridges with microelectrodes therein, each microelectrode having a carbon nanotube film with cancer-specific antibodies or other targeting materials thereon for use with an analysis device for testing of blood for detecting cancers in blood samples, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer.
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 010 for Medical devices, namely diagnostic kits for detecting cancers in blood samples, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer
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 devices, namely diagnostic kits for detecting cancers in blood samples, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer; Medical devices, namely diagnostic kits consisting primarily of apparatus with microelectrodes therein, each microelectrode having a carbon nanotube film for use with cancer-specific antibodies or other targeting materials thereon, for analyzing blood samples for detecting cancers in blood samples, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer; Diagnostic testing devices, namely diagnostic kits comprised of apparatus with microelectrodes therein, each microelectrode having a carbon nanotube film for use with cancer-specific antibodies or other targeting materials thereon, and an analysis device for testing blood samples for detection of cancers, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer.Class 010 for Medical devices, namely diagnostic kits consisting primarily of apparatus with microelectrodes therein, each microelectrode having a carbon nanotube film for use with cancer-specific antibodies or other targeting materials thereon, for analyzing blood samples for detecting cancers in blood samples, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer; Diagnostic testing devices, namely diagnostic kits comprised of apparatus with microelectrodes therein, each microelectrode having a carbon nanotube film for use with cancer-specific antibodies or other targeting materials thereon, and an analysis device for testing blood samples for detection of cancers, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer.
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Response to Final Office Action

Original PDF file:
mis-1084822195-20200121165513671993_._ResponseFOA.pdf
Converted PDF file(s) ( 4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /raymond van dyke/     Date: 01/21/2020
Signatory's Name: Raymond Van Dyke
Signatory's Position: Attorney of record, DC bar member

Signatory's Phone Number: 202.378.3903

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: 88355281
Internet Transmission Date: Tue Jan 21 17:02:11 EST 2020
TEAS Stamp: USPTO/RFR-XXX.XX.XX.XXX-2020012117021138
6631-88355281-7005e5f5566a13c7e12bd576ad
a561629470fba98333a16dd1dff43576776be1b-
N/A-N/A-20200121165513671993