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. 88495768 NOX MEDICAL(Standard Characters, see http://uspto.report/TM/88495768/mark.png) has been amended as follows:

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

The potential 2(d) conflict is avoided based on the unity of ownership, evidenced by the attached declaration.

EVIDENCE
Evidence in the nature of A declaration indicating the unity of ownership between the applicant and the cited mark. has been attached.
Original PDF file:
evi_1364916558-20200121150108252783_._Nox_Medical_dec_executed.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Data processing equipment, namely, data processors and computer software, namely, analysis software for diagnosing sleep issues and disorders
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/31/2009 and first used in commerce at least as early as 01/31/2009 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Data processing equipment, namely, data processors and computer software, namely, analysis software for diagnosing sleep issues and disorders; Data processing equipment, namely, data processors and recorded or downloadable computer analysis software for diagnosing sleep issues and disordersClass 009 for Data processing equipment, namely, data processors and recorded or downloadable computer analysis software for diagnosing sleep issues and disorders
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/31/2009 and first used in commerce at least as early as 01/31/2009 , and is now in use in such commerce.
The applicant's current attorney information: Angela Washelesky. Angela Washelesky of CULHANE MEADOWS PLLC, is located at

      4249 N. KOLMAR AVENUE, SUITE 101
      CHICAGO, Illinois 60641
      US

The phone number is 773-320-0593.

The email address is tmdocket@culhanemeadows.com

The applicants proposed attorney information: Angela Washelesky. Other appointed attorneys are Kevin Grierson, Tom Dunn, Felicia Traub, Beth Fulkerson. Angela Washelesky of Culhane Meadows PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      4249 N. Kolmar Avenue, Suite 101
      Chicago, Illinois 60641
      United States

The phone number is 773-320-0593.

The email address is tmdocket@cm.law

Angela Washelesky 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: ANGELA WASHELESKY. ANGELA WASHELESKY of CULHANE MEADOWS PLLC, is located at

      4249 N. KOLMAR AVENUE, SUITE 101
      CHICAGO, Illinois 60641
      US

The phone number is 773-320-0593.

The email address is tmdocket@culhanemeadows.com; awashelesky@culhanemeadows.com

The applicants proposed correspondence information: Angela Washelesky. Angela Washelesky of Culhane Meadows PLLC, is located at

      4249 N. Kolmar Avenue, Suite 101
      Chicago, Illinois 60641
      United States

The phone number is 773-320-0593.

The email address is tmdocket@cm.law; awashelesky@cm.law

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


SIGNATURE(S)
Response Signature
Signature: /Angela Washelesky/     Date: 01/21/2020
Signatory's Name: Angela Washelesky
Signatory's Position: Attorney of Record, IL bar member

Signatory's Phone Number: 7733200593

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:    ANGELA WASHELESKY
   CULHANE MEADOWS PLLC
   
   4249 N. KOLMAR AVENUE, SUITE 101
   CHICAGO, Illinois 60641
Mailing Address:    Angela Washelesky
   Culhane Meadows PLLC
   4249 N. Kolmar Avenue, Suite 101
   Chicago, Illinois 60641
        
Serial Number: 88495768
Internet Transmission Date: Tue Jan 21 15:19:35 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020012115193584
5216-88495768-700c4708537a271579455f7bce
cf1010b4ecec596c7d9edb4dfad4a554dd793e9-
N/A-N/A-20200121150108252783