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. 88425141 SECURE INTEGRATED FREEZER UNIT(Standard Characters, see http://uspto.report/TM/88425141/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Please see the actual argument text attached within the evidence section. has been attached.
Original PDF file:
evi_3867192226-20200204182607012868_._Office_Action_Response.pdf
Converted PDF file(s) ( 28 pages)
Evidence-1
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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 medical machines, namely, medical apparatus specially adapted for cryogenic freezing, thawing and dispensing biologic product for medical purposes; Cryogenic system for medical purposes for use in hospital pharmacies in the nature of a storage and dispensing device for cryogenic storing and preserving, thawing and dispensing of pharmaceutical and biologic products
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 machines, namely, medical apparatus specially adapted for cryogenic freezing, thawing and dispensing biologic product for medical purposes; medical machines, namely, medical apparatus in the nature of a cryogenic storage and delivery apparatus specially adapted for cryogenic freezing, thawing and dispensing biologic product for medical purposes; Cryogenic system for medical purposes for use in hospital pharmacies in the nature of a storage and dispensing device for cryogenic storing and preserving, thawing and dispensing of pharmaceutical and biologic products; Cryogenic system for medical purposes for use in hospital pharmacies in the nature of a cooling, storage and dispensing device for cryogenic storing and preserving, thawing and dispensing of pharmaceutical and biologic productsClass 010 for medical machines, namely, medical apparatus in the nature of a cryogenic storage and delivery apparatus specially adapted for cryogenic freezing, thawing and dispensing biologic product for medical purposes; Cryogenic system for medical purposes for use in hospital pharmacies in the nature of a cooling, storage and dispensing device for cryogenic storing and preserving, thawing and dispensing of pharmaceutical and biologic products
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 011 for cryogenic system for pharmaceutical and biologic product storage use; cryogenic refrigerators for medical use; cryogenic freezers for medical storage purposes; freezers for cryogenic preservation for use in medical and hospital fields
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: cryogenic system for pharmaceutical and biologic product storage use; cryogenic refrigerators for medical use; cryogenic refrigerators for medical use, namely, cryogenic refrigeration and heating apparatus for freezing, storage, thawing and dispensing purposes; cryogenic freezers for medical storage purposes; freezers for cryogenic preservation for use in medical and hospital fieldsClass 011 for cryogenic system for pharmaceutical and biologic product storage use; cryogenic refrigerators for medical use, namely, cryogenic refrigeration and heating apparatus for freezing, storage, thawing and dispensing purposes; cryogenic freezers for medical storage purposes; freezers for cryogenic preservation for use in medical and hospital fields
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: Rita E. Kline. Rita E. Kline of TAROLLI, SUNDHEIM, COVELL & TUMMINO LLP, is located at

      SUITE 1700
      1300 EAST 9TH STREET
      CLEVELAND, Ohio 44114
      US
The docket/reference number is ATH-193192.

The phone number is 216-621-2234 x149.

The email address is ritakline@tarolli.com

The applicants proposed attorney information: Rita E. Kline. Other appointed attorneys are Richard S. Wesorick, Stephanie L. Sexton, Melissa L. MacDonald. Rita E. Kline of TAROLLI, SUNDHEIM, COVELL & TUMMINO 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

      Suite 1700
      1300 East 9th Street
      Cleveland, Ohio 44114
      United States
The docket/reference number is ATH-193192.

The phone number is 216-621-2234 x149.

The email address is ritakline@tarolli.com

Rita E. Kline 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: RITA E. KLINE. RITA E. KLINE of TAROLLI, SUNDHEIM, COVELL & TUMMINO LLP, is located at

      SUITE 1700
      1300 EAST 9TH STREET
      CLEVELAND, Ohio 44114
      US
The docket/reference number is ATH-193192.

The phone number is 216-621-2234 x149.

The email address is ritakline@tarolli.com; docketing@tarolli.com

The applicants proposed correspondence information: Rita E. Kline. Rita E. Kline of TAROLLI, SUNDHEIM, COVELL & TUMMINO LLP, is located at

      Suite 1700
      1300 East 9th Street
      Cleveland, Ohio 44114
      United States
The docket/reference number is ATH-193192.

The phone number is 216-621-2234 x149.

The email address is ritakline@tarolli.com; docketing@tarolli.com

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


SIGNATURE(S)
Response Signature
Signature: /Rita E. Kline/     Date: 02/04/2020
Signatory's Name: Rita E. Kline
Signatory's Position: Attorney of Record, Ohio Bar Member

Signatory's Phone Number: 2166212234

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:    RITA E. KLINE
   TAROLLI, SUNDHEIM, COVELL & TUMMINO LLP
   SUITE 1700
   1300 EAST 9TH STREET
   CLEVELAND, Ohio 44114
Mailing Address:    Rita E. Kline
   TAROLLI, SUNDHEIM, COVELL & TUMMINO LLP
   Suite 1700
   1300 East 9th Street
   Cleveland, Ohio 44114
        
Serial Number: 88425141
Internet Transmission Date: Tue Feb 04 18:29:36 EST 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020020418293653
6676-88425141-700e3f575296c20ec8dedd6be3
3a5bf4c8a922376e5b12e2583dbca2ea323e3a9a
-N/A-N/A-20200204182607012868