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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88363027 SCAFFOLENE(Standard Characters, see http://uspto.report/TM/88363027/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 medical textiles for dressing wounds, wound dressings and replacement skin (patches); medical textiles, being adhesion barriers for wounds and for binding wounds; medical textiles for haemostasis; medical, regenerative textiles, being cell carriers for regenerating bone, cartilage, skin and tendons; textile, surgical implants provided with regenerative cells for regenerating organs and body tissues
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Germany registration number 302011042054 registered 08/15/2011 with a renewal date of __________ and an expiration date of 07/31/2021 ], 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.

Proposed:
Tracked Text Description: medical textiles for dressing wounds, wound dressings and replacement skin (patches); medical textiles for dressing wounds, particularly wound dressings; medical textiles, being adhesion barriers for wounds and for binding wounds; replacement skin, in particular processed human donor skin for the replacement of soft tissue in the form of patches; medical textiles for haemostasis; medical textiles, being adhesion barriers for wounds and for binding wounds, namely adhesive bandages; medical, regenerative textiles, being cell carriers for regenerating bone, cartilage, skin and tendons; medical textiles for haemostasis in the nature of medical dressings; textile, surgical implants provided with regenerative cells for regenerating organs and body tissues; medical, regenerative textiles, being cell carriers for regenerating bone, cartilage, skin and tendons, in particular medicaments to help assist with the regeneration of ligament and tendon fibers; textile, surgical implants comprising of living tissue provided with regenerative cells for regenerating organs and body tissues; textile, surgical implants comprising living tissue; textile, surgical implants comprising living tissue for replacing and reinforcing tissueClass 005 for medical textiles for dressing wounds, particularly wound dressings; replacement skin, in particular processed human donor skin for the replacement of soft tissue in the form of patches; medical textiles, being adhesion barriers for wounds and for binding wounds, namely adhesive bandages; medical textiles for haemostasis in the nature of medical dressings; medical, regenerative textiles, being cell carriers for regenerating bone, cartilage, skin and tendons, in particular medicaments to help assist with the regeneration of ligament and tendon fibers; textile, surgical implants comprising of living tissue provided with regenerative cells for regenerating organs and body tissues; textile, surgical implants comprising living tissue; textile, surgical implants comprising living tissue for replacing and reinforcing tissue
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Germany registration number 302011042054 registered 08/15/2011 with a renewal date of __________ and an expiration date of 07/31/2021 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for textile, surgical implants; surgical textiles for supporting stents and organs; textiles for coating prostheses; textile, surgical implants for replacing and reinforcing tissue
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Germany registration number 302011042054 registered 08/15/2011 with a renewal date of __________ and an expiration date of 07/31/2021 ], 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.

Proposed:
Tracked Text Description: textile, surgical implants; textile, surgical implants comprising artificial material; surgical textiles for supporting stents and organs; textile, surgical implants comprising artificial material for replacing and reinforcing tissue; textiles for coating prostheses; surgical textiles for supporting stents and organs namely, implantable scaffolds and membranes, all composed of non-living and artificial materials; textile, surgical implants for replacing and reinforcing tissue; textile, surgical implants comprising of artificial material provided with regenerative cells for regenerating organs and body tissuesClass 010 for textile, surgical implants comprising artificial material; textile, surgical implants comprising artificial material for replacing and reinforcing tissue; surgical textiles for supporting stents and organs namely, implantable scaffolds and membranes, all composed of non-living and artificial materials; textile, surgical implants comprising of artificial material provided with regenerative cells for regenerating organs and body tissues
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Germany registration number 302011042054 registered 08/15/2011 with a renewal date of __________ and an expiration date of 07/31/2021 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Textiles, being semi-finished products in the form of rolls, bars, webs and die-cuts
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Germany registration number 302011042054 registered 08/15/2011 with a renewal date of __________ and an expiration date of 07/31/2021 ], 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.

Proposed:
Tracked Text Description: Textiles, being semi-finished products in the form of rolls, bars, webs and die-cuts; textiles being semi-finished products in the form of rolls, bars, webs and die-cuts sheets for use in the manufacture of medical nonwoven textiles in the form of bandages and dressingsClass 024 for textiles being semi-finished products in the form of rolls, bars, webs and die-cuts sheets for use in the manufacture of medical nonwoven textiles in the form of bandages and dressings
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Germany registration number 302011042054 registered 08/15/2011 with a renewal date of __________ and an expiration date of 07/31/2021 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

The applicant's current attorney information: Jessica S. Sachs. Jessica S. Sachs of HARNESS, DICKEY & PIERCE, P.L.C., is located at

      SUITE 200
      5445 CORPORATE DRIVE
      TROY, Michigan 48098
      US
The docket/reference number is 8470TF200245.

The phone number is 248-641-1600.

The fax number is 248-641-0270.

The email address is troymailroom@hdp.com

The applicants proposed attorney information: Jessica S. Sachs. Other appointed attorneys are Any and all attorneys associated with Harness, Dickey & Pierce, P.L.C.. Jessica S. Sachs of HARNESS, DICKEY & PIERCE, P.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 200
      5445 CORPORATE DRIVE
      TROY, Michigan 48098
      United States
The docket/reference number is 8470TF200245.

The phone number is 248-641-1600.

The fax number is 248-641-0270.

The email address is troymailroom@hdp.com

Jessica S. Sachs 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: JESSICA S. SACHS. JESSICA S. SACHS of HARNESS, DICKEY & PIERCE, P.L.C., is located at

      SUITE 200
      5445 CORPORATE DRIVE
      TROY, Michigan 48098
      US
The docket/reference number is 8470TF200245.

The phone number is 248-641-1600.

The fax number is 248-641-0270.

The email address is troymailroom@hdp.com; jsachs@hdp.com; hrowe@hdp.com

The applicants proposed correspondence information: Jessica S. Sachs. Jessica S. Sachs of HARNESS, DICKEY & PIERCE, P.L.C., is located at

      SUITE 200
      5445 CORPORATE DRIVE
      TROY, Michigan 48098
      United States
The docket/reference number is 8470TF200245.

The phone number is 248-641-1600.

The fax number is 248-641-0270.

The email address is troymailroom@hdp.com; jsachs@hdp.com; hrowe@hdp.com

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
SCAFFOLENE appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) SCAFFOLENE has no meaning in a foreign language.


SIGNATURE(S)
Response Signature
Signature: /jss/     Date: 09/18/2019
Signatory's Name: Jessica S. Sachs
Signatory's Position: Attorney for Applicant; Attorney with Harness, Dickey & Pierce, P.L.C.

Signatory's Phone Number: 248-641-1292

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:    JESSICA S. SACHS
   HARNESS, DICKEY & PIERCE, P.L.C.
   SUITE 200
   5445 CORPORATE DRIVE
   TROY, Michigan 48098
Mailing Address:    Jessica S. Sachs
   HARNESS, DICKEY & PIERCE, P.L.C.
   SUITE 200
   5445 CORPORATE DRIVE
   TROY, Michigan 48098
        
Serial Number: 88363027
Internet Transmission Date: Wed Sep 18 10:40:10 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019091810401043
5980-88363027-610a14da56d40fbb86a6d3d271
4289f5f2ecb1e8430d00c93081eada8cdd9b90-N
/A-N/A-20190918100924611199