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. 88421199 KOIOS DS(Standard Characters, see http://uspto.report/TM/88421199/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Argument related to likelihood of confusion has been attached.
Original PDF file:
evi_751338326-20200127175010676904_._ResponseAsFiled.pdf
Converted PDF file(s) ( 17 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Medical software for reading computed tomography (CT) scans and ultrasounds of individuals to determine a likelihood of malignancy and which may be installed on a local computer or provided over a global network of computers
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: Medical software for reading computed tomography (CT) scans and ultrasounds of individuals to determine a likelihood of malignancy and which may be installed on a local computer or provided over a global network of computers; Downloadable medical software for reading computed tomography (CT) scans and ultrasounds of individuals to determine a likelihood of malignancy installed on a local computer; Recorded medical software for reading computed tomography (CT) scans and ultrasounds of individuals to determine a likelihood of malignancy installed on a local computerClass 009 for Downloadable medical software for reading computed tomography (CT) scans and ultrasounds of individuals to determine a likelihood of malignancy installed on a local computer; Recorded medical software for reading computed tomography (CT) scans and ultrasounds of individuals to determine a likelihood of malignancy installed on a local computer
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use DS apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /s Jovan N. Jovanovic/     Date: 01/27/2020
Signatory's Name: Jovan N. Jovanovic
Signatory's Position: Attorney of Record, USPTO, MI and IL bar member

Signatory's Phone Number: (616) 797-1000

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.

        
Serial Number: 88421199
Internet Transmission Date: Mon Jan 27 17:54:37 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200127175437234
433-88421199-7009e5164da506fa731c317b4a7
9bcb914e9796ad7bdde68e0e05ff5815980c72-N
/A-N/A-20200127175010676904