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. 88386143 ASSURE(Standard Characters, see http://uspto.report/TM/88386143/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 037 for treating and processing bone and tissue; cleaning and disinfecting bone and tissue; cleaning and disinfection of allograft bone and tissue samples; treating and processing of human bone and tissue to be used for implantation
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: treating and processing bone and tissue; treating and processing bone and tissue, namely, cleaning and disinfecting of human bone and tissue for surgical implants; cleaning and disinfecting bone and tissue; cleaning and disinfecting human bone and tissue samples; cleaning and disinfection of allograft bone and tissue samples; treating and processing of human bone and tissue to be used for implantation; treating and processing of human bone and tissue to be used for implantation, namely, cleaning and disinfecting human bone and tissue samplesClass 037 for treating and processing bone and tissue, namely, cleaning and disinfecting of human bone and tissue for surgical implants; cleaning and disinfecting human bone and tissue samples; cleaning and disinfection of allograft bone and tissue samples; treating and processing of human bone and tissue to be used for implantation, namely, cleaning and disinfecting human bone and tissue samples
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 hereby adds the following class of goods/services to the application:
New: Class 040 for treatment of human bone and tissue for surgical implants
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.

The applicant's current attorney information: Alexandra MacKay. Alexandra MacKay of STITES & HARBISON, PLLC, is located at

      SUITE 800
      401 COMMERCE STREET
      NASHVILLE, Tennessee 37219
      US

The phone number is 615-782-2200.

The email address is alexandra.mackay@stites.com

The applicants proposed attorney information: Alexandra MacKay. Other appointed attorneys are Richard S. Myers, Jr., Sean Ritchie, Rachel Dix Bishop, and Summer Young, each a member of the Bar of the State of Tennessee, Joel T. Beres, David W. Nagle, Jr., Mandy Wilson Decker, James Hayne, John Scruton, Jeff Haeberlin, and Terry L. Wright, each a member of the Bar of the State of Kentucky, Marvin Petry, and Mari-Elise Gates Paul each a member of the Bar of the State of Virginia, Brewster Taylor, a member of the Bar of the State of Massachusetts, and B. Aaron Schulman, a member of the Bar of the State of Maryland, of the firm of Stites & Harbison, PLLC. Alexandra MacKay of STITES & HARBISON, PLLC, 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 800
      401 COMMERCE STREET
      NASHVILLE, Tennessee 37219
      United States

The phone number is 615-782-2200.

The email address is alexandra.mackay@stites.com

Alexandra MacKay 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: ALEXANDRA MACKAY. ALEXANDRA MACKAY of STITES & HARBISON, PLLC, is located at

      SUITE 800
      401 COMMERCE STREET
      NASHVILLE, Tennessee 37219
      US

The phone number is 615-782-2200.

The email address is alexandra.mackay@stites.com; tmnash@stites.com

The applicants proposed correspondence information: Alexandra MacKay. Alexandra MacKay of STITES & HARBISON, PLLC, is located at

      SUITE 800
      401 COMMERCE STREET
      NASHVILLE, Tennessee 37219
      United States

The phone number is 615-782-2200.

The email address is alexandra.mackay@stites.com; tmnash@stites.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /Alex/     Date: 09/12/2019
Signatory's Name: Alexandra MacKay
Signatory's Position: attorney of record; TN bar member

Signatory's Phone Number: 615 782 2200

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:    ALEXANDRA MACKAY
   STITES & HARBISON, PLLC
   SUITE 800
   401 COMMERCE STREET
   NASHVILLE, Tennessee 37219
Mailing Address:    Alexandra MacKay
   STITES & HARBISON, PLLC
   SUITE 800
   401 COMMERCE STREET
   NASHVILLE, Tennessee 37219
        
RAM Sale Number: 88386143
RAM Accounting Date: 09/12/2019
        
Serial Number: 88386143
Internet Transmission Date: Thu Sep 12 14:34:44 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201909121434445
92915-88386143-610bd2d5df92efae857a84934
d7c64c827ef85e9f42e4c9e218edcfd6ddcb848-
CC-34433167-20190912141647768001