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. 88412768 HARP(Standard Characters, see http://uspto.report/TM/88412768/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 software for communicating with hearing aids over a public communication network; software for connecting to a hearing aid by wireless connection and for connecting to the internet for transmitting individual patients' hearing aid data over the internet and for receiving commands over the internet from an audiologist hearing professional for adjusting the hearing aid; software for providing access by an audiologist hearing professional to a web site having stored data for an individual patient's hearing aid and for communicating with an individual's hearing aid for controlling the settings of the individual's hearing aid
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: software for communicating with hearing aids over a public communication network; downloadable software for communicating with hearing aids over a public communication network; software for connecting to a hearing aid by wireless connection and for connecting to the internet for transmitting individual patients' hearing aid data over the internet and for receiving commands over the internet from an audiologist hearing professional for adjusting the hearing aid; downloadable software for connecting to a hearing aid by wireless connection and for connecting to the internet for transmitting individual patients' hearing aid data over the internet and for receiving commands over the internet from an audiologist hearing professional for adjusting the hearing aid; software for providing access by an audiologist hearing professional to a web site having stored data for an individual patient's hearing aid and for communicating with an individual's hearing aid for controlling the settings of the individual's hearing aid; downloadable software for providing access by an audiologist hearing professional to a web site having stored data for an individual patient's hearing aid and for communicating with an individual's hearing aid for controlling the settings of the individual's hearing aid; recorded computer software for communicating with hearing aids over a public communication network; recorded computer software for connecting to a hearing aid by wireless connection and for connecting to the internet for transmitting individual patients' hearing aid data over the internet and for receiving commands over the internet from an audiologist hearing professional for adjusting the hearing aid; recorded computer software for providing access by an audiologist hearing professional to a web site having stored data for an individual patient's hearing aid and for communicating with an individual's hearing aid for controlling the settings of the individual's hearing aidClass 009 for downloadable software for communicating with hearing aids over a public communication network; downloadable software for connecting to a hearing aid by wireless connection and for connecting to the internet for transmitting individual patients' hearing aid data over the internet and for receiving commands over the internet from an audiologist hearing professional for adjusting the hearing aid; downloadable software for providing access by an audiologist hearing professional to a web site having stored data for an individual patient's hearing aid and for communicating with an individual's hearing aid for controlling the settings of the individual's hearing aid; recorded computer software for communicating with hearing aids over a public communication network; recorded computer software for connecting to a hearing aid by wireless connection and for connecting to the internet for transmitting individual patients' hearing aid data over the internet and for receiving commands over the internet from an audiologist hearing professional for adjusting the hearing aid; recorded computer software for providing access by an audiologist hearing professional to a web site having stored data for an individual patient's hearing aid and for communicating with an individual's hearing aid for controlling the settings of the individual's hearing aid
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 proposes to amend the following class of goods/services in the application:
Current: Class 042 for computer services on the internet; computer services, namely, providing a web site for storage of individual patients' hearing aid data accessible by an audiologist hearing professional and by a hearing aid owner and the owner's hearing aid for remotely adjusting an individual owner's hearing aid
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: computer services on the internet; computer services on the internet, namely, software as a service (SAAS) services featuring hearing aid programming and adjustment services provided through an internet or WIFI connection and for providing, through the internet or WIFI connection, access to and storage of individual patients' hearing aid data accessible by an audiologist or other hearing professional and by a hearing aid owner and the owner's hearing aid for remotely programming and adjusting an individual owner's hearing aid and for providing a communication tool between the hearing professional and patient; computer services, namely, providing a web site for storage of individual patients' hearing aid data accessible by an audiologist hearing professional and by a hearing aid owner and the owner's hearing aid for remotely adjusting an individual owner's hearing aidClass 042 for computer services on the internet, namely, software as a service (SAAS) services featuring hearing aid programming and adjustment services provided through an internet or WIFI connection and for providing, through the internet or WIFI connection, access to and storage of individual patients' hearing aid data accessible by an audiologist or other hearing professional and by a hearing aid owner and the owner's hearing aid for remotely programming and adjusting an individual owner's hearing aid and for providing a communication tool between the hearing professional and patient
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: Frank H. Foster. Frank H. Foster of KREMBLAS & FOSTER, is located at

      7632 SLATE RIDGE BLVD.
      REYNOLDSBURG, Ohio 43068
      US
The docket/reference number is MANDEBX 101B.

The phone number is 614-575-2100.

The fax number is 614 575-2149.

The email address is ffoster@ohiopatent.com

The applicants proposed attorney information: Frank H. Foster. Other appointed attorneys are Jason H. Foster. Frank H. Foster of Kremblas & Foster, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      7632 Slate Ridge Blvd.
      Reynoldsburg, Ohio 43068
      United States
The docket/reference number is MANDEBX 101B.

The phone number is 614-575-2100.

The fax number is 614 575-2149.

The email address is ffoster@ohiopatent.com

Frank H. Foster 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: FRANK H. FOSTER. FRANK H. FOSTER of KREMBLAS & FOSTER, is located at

      7632 SLATE RIDGE BLVD.
      REYNOLDSBURG, Ohio 43068
      US
The docket/reference number is MANDEBX 101B.

The phone number is 614-575-2100.

The fax number is 614 575-2149.

The email address is ffoster@ohiopatent.com; cwendland@ohiopatent.com; officeactions@ohiopatent.com

The applicants proposed correspondence information: Frank H. Foster. Frank H. Foster of KREMBLAS & FOSTER, is located at

      7632 SLATE RIDGE BLVD.
      REYNOLDSBURG, Ohio 43068
      United States
The docket/reference number is MANDEBX 101B.

The phone number is 614-575-2100.

The fax number is 614 575-2149.

The email address is ffoster@ohiopatent.com

SIGNATURE(S)
Response Signature
Signature: /Frank H Foster/     Date: 08/27/2019
Signatory's Name: Frank H Foster
Signatory's Position: Attorney of Record

Signatory's Phone Number: 6145752100

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:    FRANK H. FOSTER
   KREMBLAS & FOSTER
   
   7632 SLATE RIDGE BLVD.
   REYNOLDSBURG, Ohio 43068
Mailing Address:    Frank H. Foster
   KREMBLAS & FOSTER
   7632 SLATE RIDGE BLVD.
   REYNOLDSBURG, Ohio 43068
        
Serial Number: 88412768
Internet Transmission Date: Tue Aug 27 14:31:12 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019082714311225
4474-88412768-610b9bd7c6592545bea5df851d
14b86b1dd753f34ac7f31d96a99de4a9da062f7c
3-N/A-N/A-20190827141651191085