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. 88396362 CELLO(Standard Characters, see http://uspto.report/TM/88396362/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Arguments are contained in the attached evidence section.

EVIDENCE
Evidence in the nature of Applicant's brief in support of registration. has been attached.
Original PDF file:
evi_248913134-20200108175521407787_._DENT_8909_20200108_oa_resp.pdf
Converted PDF file(s) ( 34 pages)
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CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for dental instruments for use in veterinary applications; dental instruments, namely, suction tools, handpieces for use with rotating attachments for dental applications, dental scalers, lights attached to dental apparatus for use with dental treatment, dental syringes, water supply for dental applications; portable dental treatment system including dental instruments, namely, suction tools, handpieces for use with rotating attachments for dental applications, dental scalers, lights attached to dental apparatus for use with dental treatment, dental syringes, water supply for dental applications
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/20/2019 and first used in commerce at least as early as 02/20/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: dental instruments for use in veterinary applications; Dental instruments, namely, picks, burrs, mirrors, oral irrigators, and prophy angles for use in veterinary applications; dental instruments, namely, suction tools, handpieces for use with rotating attachments for dental applications, dental scalers, lights attached to dental apparatus for use with dental treatment, dental syringes, water supply for dental applications; dental instruments, namely, suction instruments, hand pieces for use with rotating attachments for dental applications, dental scalers, lights as dental instruments attached to dental apparatus for use in dental treatment, dental syringes, and dental instruments for use in supplying water for dental applications; portable dental treatment system including dental instruments, namely, suction tools, handpieces for use with rotating attachments for dental applications, dental scalers, lights attached to dental apparatus for use with dental treatment, dental syringes, water supply for dental applications; portable dental treatment system comprised of dental instruments, namely, suction instruments, hand pieces for use with rotating attachments for dental applications, dental scalers, lights as dental instruments attached to dental apparatus for use in dental treatment, dental syringes, and dental instruments for use in supplying water for dental applications; excludes cathetersClass 010 for Dental instruments, namely, picks, burrs, mirrors, oral irrigators, and prophy angles for use in veterinary applications; dental instruments, namely, suction instruments, hand pieces for use with rotating attachments for dental applications, dental scalers, lights as dental instruments attached to dental apparatus for use in dental treatment, dental syringes, and dental instruments for use in supplying water for dental applications; portable dental treatment system comprised of dental instruments, namely, suction instruments, hand pieces for use with rotating attachments for dental applications, dental scalers, lights as dental instruments attached to dental apparatus for use in dental treatment, dental syringes, and dental instruments for use in supplying water for dental applications; excludes catheters
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/20/2019 and first used in commerce at least as early as 02/20/2019 , and is now in use in such commerce.
The applicant's current attorney information: Harris A. Wolin. Harris A. Wolin of MYERS WOLIN, LLC, is located at

      WEST TOWER, FLOOR 7
      100 HEADQUARTERS PLAZA
      MORRISTOWN, New Jersey 07960
      US
The docket/reference number is DENT 8909.

The phone number is 973-828-1284.

The fax number is 866-864-3947.

The email address is tm@myerswolin.com

The applicants proposed attorney information: Harris A. Wolin. Other appointed attorneys are Brian Myers, Daniel Gross, Hay Yeung Cheung, Lori P. Hager. Harris A. Wolin of MYERS WOLIN, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      WEST TOWER, FLOOR 7
      100 HEADQUARTERS PLAZA
      MORRISTOWN, New Jersey 07960
      United States
The docket/reference number is DENT 8909.

The phone number is 973-828-1284.

The fax number is 866-864-3947.

The email address is tm@myerswolin.com

Harris A. Wolin 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: HARRIS A. WOLIN. HARRIS A. WOLIN of MYERS WOLIN, LLC, is located at

      WEST TOWER, FLOOR 7
      100 HEADQUARTERS PLAZA
      MORRISTOWN, New Jersey 07960
      US
The docket/reference number is DENT 8909.

The phone number is 973-828-1284.

The fax number is 866-864-3947.

The email address is tm@myerswolin.com

The applicants proposed correspondence information: Harris A. Wolin. Harris A. Wolin of MYERS WOLIN, LLC, is located at

      WEST TOWER, FLOOR 7
      100 HEADQUARTERS PLAZA
      MORRISTOWN, New Jersey 07960
      United States
The docket/reference number is DENT 8909.

The phone number is 973-828-1284.

The fax number is 866-864-3947.

The email address is tm@myerswolin.com

SIGNATURE(S)
Response Signature
Signature: /Harris A. Wolin/     Date: 01/08/2020
Signatory's Name: Harris A. Wolin
Signatory's Position: Attorney of Record NJ Bar Member

Signatory's Phone Number: 9738281284

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:    HARRIS A. WOLIN
   MYERS WOLIN, LLC
   WEST TOWER, FLOOR 7
   100 HEADQUARTERS PLAZA
   MORRISTOWN, New Jersey 07960
Mailing Address:    Harris A. Wolin
   MYERS WOLIN, LLC
   WEST TOWER, FLOOR 7
   100 HEADQUARTERS PLAZA
   MORRISTOWN, New Jersey 07960
        
Serial Number: 88396362
Internet Transmission Date: Wed Jan 08 18:03:52 EST 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20200108180352709
726-88396362-700a4ace2a39c263ca11bbcbf2a
66f6f0eb5bcec9b1ac2584fce24d312326fd726-
N/A-N/A-20200108175521407787