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. 88478409 RELIEF(Standard Characters, see http://uspto.report/TM/88478409/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examining Attorney has requested that the Applicant provide additional information and documentation regarding the goods and/or services and wording appearing in the mark. The applicant provides the following: 1. Fact sheets, instruction manuals, brochures, advertisements and pertinent screenshots of applicant?s website as it relates to the goods and/or services in the application, including any materials using the terms in the applied-for mark. In response to the above, please see attached. 3. Applicant must respond to the following questions: Does applicant advertise its services to promote pain relief or treat pain? Do applicant?s competitors use the term RELIEF to advertise similar goods and/or services? Who is the typical consumer of applicant?s goods and/or services Applicant's trademark (RELIEF) is used as a brand identifier for Applicant's bio-mechanical assessment and non- surgical procedure to treat patients suffering from acute or chronic pain, limited mobility, and stiffness due to connective tissue issues. The process provided under RELIEF encompasses Applicant's system to (1) evaluate, using shear-wave elastography, dynamic ultrasound, 3D mapping and proprietary imaging software to identify connective tissue abnormalities and locate entrapped nerves to determine the root cause of the problem; (2) unlock stiffness and increase mobility through ultrasound guidance to free nerves from entrapment, eliminate stubborn scar tissue, and restore the body to its naturally healthy state; and (3) reset and restore, by administering a natural combination of growth factors, collagens, extracellular proteins and bioactive molecules from placental tissues registered with the FDA to catalyze the body?s natural healing ability. As the process encompasses proprietary information, Applicant's competitors do not use the term RELIEF to provide and/or advertise the same goods and services. The typical consumer of Applicant's goods are professional athletes and/or other individuals looking for non-surgery solutions.

EVIDENCE
Evidence in the nature of Examples of use in commerce has been attached.
Original PDF file:
evi_7357173117-20200319102557155501_._Screen_Shot_2020-03-19_at_10.21.27_AM.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7357173117-20200319102557155501_._Screen_Shot_2020-03-19_at_10.35.37_AM.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7357173117-20200319102557155501_._IMG_1260.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7357173117-20200319102557155501_._IMG_1258.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Cyphi, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      1900 Purdy Avenue Suite1A
      Miami, Florida 33139
      United States

Proposed: Cyphi, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      1900 Purdy Avenue Suite1A
      Miami, Florida 33139
      United States
      Email Address: cs@in2itiveinterventions.com

The owner's/holder's current attorney information: Darren Heitner. Darren Heitner of HEITNER LEGAL, P.L.L.C., is located at

      215 HENDRICKS ISLE
      FORT LAUDERDALE, Florida 33301
      United States
      The phone number is 954-558-6999.
      The email address is darren@heitnerlegal.com

The owner's/holder's proposed attorney information: Darren Heitner. Darren Heitner of HEITNER LEGAL, P.L.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      215 HENDRICKS ISLE
      FORT LAUDERDALE, Florida 33301
      United States
      The phone number is 954-558-6999.
      The email address is darren@heitnerlegal.com

Darren Heitner 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):
      DARREN HEITNER
      PRIMARY EMAIL FOR CORRESPONDENCE: darren@heitnerlegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): alan@heitnerlegal.com
Correspondence Information (proposed):
      Darren Heitner
      PRIMARY EMAIL FOR CORRESPONDENCE: darren@heitnerlegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): alan@heitnerlegal.com

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
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


SIGNATURE(S)
Response Signature
Signature: /Darren Heitner/     Date: 03/19/2020
Signatory's Name: Darren Heitner
Signatory's Position: Attorney of Record, Florida Bar Member

Signatory's Phone Number: 9545586999

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:    DARREN HEITNER
   HEITNER LEGAL, P.L.L.C.
   
   215 HENDRICKS ISLE
   FORT LAUDERDALE, Florida 33301
Mailing Address:    Darren Heitner
   HEITNER LEGAL, P.L.L.C.
   215 HENDRICKS ISLE
   FORT LAUDERDALE, Florida 33301
        
Serial Number: 88478409
Internet Transmission Date: Thu Mar 19 10:57:46 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020031910574635
2983-88478409-71078e13b949d643c84644cf1a
4c196e80a6d375edff8fa2a1ca81c72bea706630
-N/A-N/A-20200319102557155501