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)

---

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. 88438451 NATURAL ALIGNER(Standard Characters, see http://uspto.report/TM/88438451/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 040 for Services of a dental technician
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: Services of a dental technician; services of a dental laboratory; construction, namely, manufacturing of bite splints to the order and specification of othersClass 040 for Services of a dental technician; services of a dental laboratory; construction, namely, manufacturing of bite splints to the order and specification of others
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 044 for Dental services, namely, performing restorative and cosmetic procedures: health care for humans; consulting services in the field of dentistry; services of a dental laboratory; consulting, development and technical preparation of concepts for dental prostheses, in particular by 3D-lmplant planning for clarification of implant position and implantation; construction of bite splints; consulting services in the field of temporomandibular joint disfunction (TMD)
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: Dental services, namely, performing restorative and cosmetic procedures: health care for humans; consulting services in the field of dentistry; medical consulting services in the field of dentistry; services of a dental laboratory; medical consulting, and development and technical preparation in the nature of dentistry services regarding of concepts for dental prostheses, in particular by 3D-Implant planning for clarification of implant position and implantation; consulting, development and technical preparation of concepts for dental prostheses, in particular by 3D-lmplant planning for clarification of implant position and implantation; medical consulting services in the field of temporomandibular joint disfunction (TMD); construction of bite splints; consulting services in the field of temporomandibular joint disfunction (TMD)Class 044 for Dental services, namely, performing restorative and cosmetic procedures: health care for humans; medical consulting services in the field of dentistry; medical consulting, and development and technical preparation in the nature of dentistry services regarding of concepts for dental prostheses, in particular by 3D-Implant planning for clarification of implant position and implantation; medical consulting services in the field of temporomandibular joint disfunction (TMD)
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: John Zaccaria. John Zaccaria of NOTARO, MICHALOS & ZACCARIA P.C., is located at

      100 DUTCH HILL ROAD, SUITE 240
      ORANGEBURG, New York 10962
      US
The docket/reference number is G33-188.

The fax number is 8453597798.

The email address is john.zaccaria@notaromichalos.com

The applicants proposed attorney information: John Zaccaria. Other appointed attorneys are Angelo Notaro, Peter C. Michalos, Milton Wolson, Nader Abadir, Bradley S. Corsello, Peter Bucci, Alan Federbush, Brian Doyle. John Zaccaria of Notaro, Michalos & Zaccaria P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      100 Dutch Hill Road, Suite 240
      Orangeburg, New York 10962
      United States
The docket/reference number is G33-188.

The phone number is 8453597700.

The fax number is 8453597798.

The email address is john.zaccaria@notaromichalos.com

John Zaccaria 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: JOHN ZACCARIA. JOHN ZACCARIA of NOTARO, MICHALOS & ZACCARIA P.C., is located at

      100 DUTCH HILL ROAD, SUITE 240
      ORANGEBURG, New York 10962
      US
The docket/reference number is G33-188.

The phone number is 845-359-7700.

The fax number is 8453597798.

The email address is john.zaccaria@notaromichalos.com; trademark@notaromichalos.com

The applicants proposed correspondence information: John Zaccaria. John Zaccaria of Notaro, Michalos & Zaccaria P.C., is located at

      100 Dutch Hill Road, Suite 240
      Orangeburg, New York 10962
      United States
The docket/reference number is G33-188.

The phone number is 8453597700.

The fax number is 8453597798.

The email address is john.zaccaria@notaromichalos.com; trademark@notaromichalos.com

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


SIGNATURE(S)
Response Signature
Signature: /G33-188-JZ-as/     Date: 09/03/2019
Signatory's Name: John Zaccaria
Signatory's Position: Attorney of Record

Signatory's Phone Number: 8453597700

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:    JOHN ZACCARIA
   NOTARO, MICHALOS & ZACCARIA P.C.
   
   100 DUTCH HILL ROAD, SUITE 240
   ORANGEBURG, New York 10962
Mailing Address:    John Zaccaria
   Notaro, Michalos & Zaccaria P.C.
   100 Dutch Hill Road, Suite 240
   Orangeburg, New York 10962
        
Serial Number: 88438451
Internet Transmission Date: Tue Sep 03 11:49:17 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909031149171
48722-88438451-610ffa3f52b5542cca8432cdd
9afc7ed3b2c94c7c43d8258906651b6399be1d3d
-N/A-N/A-20190903114817601913