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. 88380053 RED DOT(Standard Characters, see http://uspto.report/TM/88380053/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 009 for Machine learning software; artificial intelligence software; artificial intelligence apparatus; computer software for processing digital images; computer software for the interpretation and analysis of medical images; computer software for the interpretation and analysis of radiological images; computer software for use in diagnostic radiology; artificial intelligence software for use in diagnostic radiology; computer software for reporting the results of radiology examinations; computer software for computer aided detection (CADe); computer software for computer aided diagnosis (CADx); apparatus and instruments for the storage, recordal, reproduction, retrieval, reading and transmission of data, visual images, sounds and other information, excluding cameras and slide projectors; parts and fittings for all the aforesaid goods
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000332453 registered 10/12/2018 with a renewal date of __________ and an expiration date of 07/13/2028 ], 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.

Proposed: Class 009 for Machine learning software; artificial intelligence software; artificial intelligence apparatus; computer software for processing digital images; computer software for the interpretation and analysis of medical images; computer software for the interpretation and analysis of radiological images; computer software for use in diagnostic radiology; artificial intelligence software for use in diagnostic radiology; computer software for reporting the results of radiology examinations; computer software for computer aided detection (CADe); computer software for computer aided diagnosis (CADx); apparatus and instruments for the storage, recordal, reproduction, retrieval, reading and transmission of data, visual images, sounds and other information, excluding cameras and slide projectors; parts and fittings for all the aforesaid goods
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000332453 registered 10/12/2018 with a renewal date of __________ and an expiration date of 07/13/2028 ], 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:
FRU0-17322663163-082501826_._Registration_Certificate.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Research, design, development and programming of computer software, downloadable computer software, computer systems and computer infrastructures for use in relation to the interpretation and analysis of medical images and radiological images; research, design, development and programming of computer software, downloadable computer software, computer systems and computer infrastructures for use in relation to diagnostic radiology; software as a service (SaaS); rental of computer software; rental of computer database software; updating and maintenance of computer software; cloud computing; platform as a service (PaaS); application service provider (ASP) services; providing computer infrastructure as a service (IaaS); technical support services relating to the aforesaid services; consultancy, information and advisory services relating to the aforesaid
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000332453 registered 10/12/2018 with a renewal date of __________ and an expiration date of 07/13/2028 ], 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.

Proposed: Class 042 for Research, design, development and programming of computer software, downloadable computer software, computer systems and computer infrastructures for use in relation to the interpretation and analysis of medical images and radiological images; research, design, development and programming of computer software, downloadable computer software, computer systems and computer infrastructures for use in relation to diagnostic radiology; software as a service (SaaS); rental of computer software; rental of computer database software; updating and maintenance of computer software; cloud computing; platform as a service (PaaS); application service provider (ASP) services; providing computer infrastructure as a service (IaaS); technical support services relating to the aforesaid services; consultancy, information and advisory services relating to the aforesaid
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000332453 registered 10/12/2018 with a renewal date of __________ and an expiration date of 07/13/2028 ], 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:
FRU1-17322663163-082501826_._Registration_Certificate.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2

The applicant's current attorney information: James R. Hayne. James R. Hayne of STITES & HARBISON, is located at

      SUITE 325
      1800 DIAGONAL ROAD
      ALEXANDRIA, Virginia 22314
      US
The docket/reference number is T09028US00.

The phone number is 703-739-4900.

The fax number is 703-739-9577.

The email address is jhayne@stites.com

The applicants proposed attorney information: James R. Hayne. James R. Hayne of STITES & HARBISON, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 325
      1800 DIAGONAL ROAD
      ALEXANDRIA, Virginia 22314
      United States
The docket/reference number is T09028US00.

The phone number is 703-739-4900.

The fax number is 703-739-9577.

The email address is jhayne@stites.com

James R. Hayne 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: JAMES HAYNE. JAMES HAYNE of STITES & HARBISON, is located at

      SUITE 325
      1800 DIAGONAL ROAD
      ALEXANDRIA, Virginia 22314
      US
The docket/reference number is T09028US00.

The phone number is 703-739-4900.

The fax number is 703-739-9577.

The email address is jhayne@stites.com; iplaw@stites.com

The applicants proposed correspondence information: James R. Hayne. James R. Hayne of STITES & HARBISON, is located at

      SUITE 325
      1800 DIAGONAL ROAD
      ALEXANDRIA, Virginia 22314
      United States
The docket/reference number is T09028US00.

The phone number is 703-739-4900.

The fax number is 703-739-9577.

The email address is jhayne@stites.com; iplaw@stites.com

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /James Hayne/      Date: 01/02/2020
Signatory's Name: James Hayne
Signatory's Position: Attorney of record, Kentucky Bar member
Signatory's Phone Number: 5026810434


Response Signature
Signature: /James Hayne/     Date: 01/02/2020
Signatory's Name: James Hayne
Signatory's Position: Attorney of record, Kentucky bar member

Signatory's Phone Number: 5026810434

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:    JAMES HAYNE
   STITES & HARBISON
   SUITE 325
   1800 DIAGONAL ROAD
   ALEXANDRIA, Virginia 22314
Mailing Address:    James R. Hayne
   STITES & HARBISON
   SUITE 325
   1800 DIAGONAL ROAD
   ALEXANDRIA, Virginia 22314
        
Serial Number: 88380053
Internet Transmission Date: Thu Jan 02 13:43:31 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202001021343310
00436-88380053-70010fc40aaf5e81fde8396ae
9c47dcf74cee2586141a6a6aa1477d78eeb9d849
ee-N/A-N/A-20200102133751141638