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. 88411486 IVOSMILE(Standard Characters, see http://uspto.report/TM/88411486/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 Downloadable computer software for dental use
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 02/01/2019 and first used in commerce at least as early as 02/01/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Downloadable computer software for dental use; Downloadable computer software for scanning or photographing teeth and the simulation of proposed dental treatment optionsClass 009 for Downloadable computer software for scanning or photographing teeth and the simulation of proposed dental treatment options
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 02/01/2019 and first used in commerce at least as early as 02/01/2019 , and is now in use in such commerce.
The applicant's current attorney information: Ryan A. McGonigle. Ryan A. McGonigle of HODGSON RUSS LLP, is located at

      SUITE 100
      140 PEARL STREET
      BUFFALO, New York 14202
      US
The docket/reference number is 044652.NEW.

The phone number is 646-218-7537.

The fax number is 646-218-7663.

The email address is rmcgonig@hodgsonruss.com

The applicants proposed attorney information: Ryan A. McGonigle. Other appointed attorneys are Neil B. Friedman, Ranjana Kadle, Ph.D., George L. Snyder, Jr., R. Kent Roberts, John D. Lopinski, Ph.D., Paul J. Roman, Jr., Ph.D., Alfonzo I. Cutaia, Charles S. Rauch, Nathaniel W. Lucek, and John T.M. DiMaio, Ph.D.. Ryan A. McGonigle of Hodgson Russ LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      605 Third Avenue, Suite 2300
      605 Third Avenue, Suite 2300
      New York, New York 14202
      United States
The docket/reference number is 044652.00554.

The phone number is 646-218-7537.

The fax number is 646-218-7663.

The email address is rmcgonig@hodgsonruss.com

Ryan A. McGonigle 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: RYAN A. MCGONIGLE. RYAN A. MCGONIGLE of HODGSON RUSS LLP, is located at

      SUITE 100
      140 PEARL STREET
      BUFFALO, New York 14202
      US
The docket/reference number is 044652.NEW.

The phone number is 646-218-7537.

The fax number is 646-218-7663.

The email address is rmcgonig@hodgsonruss.com; ipdocketing@hodgsonruss.com; naquino@hodgsonruss.com; mmiller@hodgsonruss.com; mvoytovi@hodgsonruss.com

The applicants proposed correspondence information: Ryan A. McGonigle. Ryan A. McGonigle of Hodgson Russ LLP, is located at

      605 Third Avenue, Suite 2300
      New York, New York 14202
      United States
The docket/reference number is 044652.00554.

The phone number is 646-218-7537.

The fax number is 646-218-7663.

The email address is rmcgonig@hodgsonruss.com; ipdocketing@hodgsonruss.com; naquino@hodgsonruss.com; mvoytovi@hodgsonruss.com

SIGNATURE(S)
Response Signature
Signature: /Ryan A. McGonigle/     Date: 01/21/2020
Signatory's Name: Ryan A. McGonigle
Signatory's Position: Attorney of Record, New Jersey, New York, and Pennsylvania Bar Member

Signatory's Phone Number: 6462187537

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:    RYAN A. MCGONIGLE
   HODGSON RUSS LLP
   SUITE 100
   140 PEARL STREET
   BUFFALO, New York 14202
Mailing Address:    Ryan A. McGonigle
   Hodgson Russ LLP
   605 Third Avenue, Suite 2300
   New York, New York 14202
        
Serial Number: 88411486
Internet Transmission Date: Tue Jan 21 15:10:51 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200121151051
430420-88411486-700f38784cb78a4299c5bd84
ccb2c2200913e34effe7512e6cfa947ae679a-N/
A-N/A-20200121150455759135