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. 88465461 BPH SURGERY. EVOLVED.(Standard Characters, see http://uspto.report/TM/88465461/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 010 for Hand-held medical instruments, namely, electrodes used therein for cutting, removing, and/or coagulating tissue; surgical apparatus and instruments for use in urological surgery; medical devices for use in treating prostate diseases
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: Hand-held medical instruments, namely, electrodes used therein for cutting, removing, and/or coagulating tissue; Hand-held medical instruments, namely, electrodes used for cutting, removing, and coagulating tissue; surgical apparatus and instruments for use in urological surgery; medical devices for use in treating prostate diseasesClass 010 for Hand-held medical instruments, namely, electrodes used for cutting, removing, and coagulating tissue; surgical apparatus and instruments for use in urological surgery; medical devices for use in treating prostate diseases
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Tiumed, LLC, a limited liability company legally organized under the laws of Delaware, having an address of

            Suite 212-211      40 S. 7th Street
      Minneapolis, Minnesota 55402
      United States

Proposed: Tiumed, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      Suite 212-211
      40 S. 7th Street
      Minneapolis, Minnesota 55402
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Timothy D. Sitzmann. Timothy D. Sitzmann of WINTHROP & WEINSTINE, P.A., is located at

      CAPELLA TOWER SUITE 3500
      225 SOUTH SIXTH STREET
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 21643.tbd.
      The phone number is 612-604-6689.
      The fax number is 6126046989.
      The email address is trademark@winthrop.com

The owner's/holder's proposed attorney information: Timothy D. Sitzmann. Other appointed attorneys are Michael T. Olsen, Nadeem W. Schwen, Brian R. Pollack, Alicia G. Mills. Timothy D. Sitzmann of WINTHROP & WEINSTINE, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      CAPELLA TOWER SUITE 3500
      225 SOUTH SIXTH STREET
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 21643.3.
      The phone number is 612-604-6689.
      The fax number is 6126046989.
      The email address is trademark@winthrop.com

Timothy D. Sitzmann 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.Correspondence Information (current):
      TIMOTHY D. SITZMANN
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@winthrop.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tsitzmann@winthrop.com; ayoung@winthrop.com

The docket/reference number is 21643.tbd.
Correspondence Information (proposed):
      Timothy D. Sitzmann
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@winthrop.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tsitzmann@winthrop.com; ayoung@winthrop.com

The docket/reference number is 21643.3.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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


SIGNATURE(S)
Response Signature
Signature: /TDS/     Date: 02/28/2020
Signatory's Name: Timothy D. Sitzmann
Signatory's Position: Attorney of record, Minnesota bar member

Signatory's Phone Number: 612.604.6689

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:    TIMOTHY D. SITZMANN
   WINTHROP & WEINSTINE, P.A.
   CAPELLA TOWER SUITE 3500
   225 SOUTH SIXTH STREET
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    Timothy D. Sitzmann
   WINTHROP & WEINSTINE, P.A.
   CAPELLA TOWER SUITE 3500
   225 SOUTH SIXTH STREET
   MINNEAPOLIS, Minnesota 55402
        
Serial Number: 88465461
Internet Transmission Date: Fri Feb 28 16:46:01 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200228164601
201284-88465461-710a49bb37a88a8394d30751
28b629e1b3194b792c12e3c46eb1dd8c6b089-N/
A-N/A-20200228164413570708