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 1771 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88503823 |
LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
MARK SECTION |
MARK |
http://uspto.report/TM/88503823/mark.png |
LITERAL ELEMENT |
THE DIFFERENCE IS CLEAR |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
LEGAL ENTITY SECTION (current) |
TYPE |
corporation |
STATE/COUNTRY OF INCORPORATION |
Austria |
LEGAL ENTITY SECTION (proposed) |
TYPE |
proprietary limited company (p/l or pty. ltd.) |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Australia |
EXPLANATION OF FILING |
Applicant hereby respectfully requests that the following changes be made to its identity: (1) please amend its entity type from a "corporation" to
a "proprietary limited company" and (2) please amend its country of incorporation from "Austria" to "Australia." These errors were due to an inadvertent, good faith error made on the part of
Applicant when it filed the application as Applicant, at all times, has been an Australian proprietary limited company. Applicant's registrations on the Principal Register correctly identify
Applicant as Australian proprietary limited company. See for example, U.S. Registration Nos. 3166050 for KINEFLEX, 4909188 for SIMPLIFY, 4909245 for MOTION YOU CAN SEE, 4909253 for SIMPLIFY
(stylized), and 4909254 for a miscellaneous design. Therefore, it was clear that, when Applicant filed this application identifying itself as an Austrian corporation instead of an Australian
proprietary limited company, it was an inadvertent, good faith error. Applicant is and has always been an Australian proprietary limited company. Applicant is not an Austrian corporation nor is there
an Austrian corporation in existence under Applicant's name. Consequently, Applicant respectfully submits that its misidentification as an Austrian corporation is a correctable error under both TMEP
Sections 1201.02(c)(3) and 1201.02(c)(7), and respectfully requests that the error be corrected in the USPTO records. Please contact the undersigned attorney if you have any questions. |
ATTORNEY SECTION (current) |
NAME |
Cindy Lynch |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Simplify Medical, Inc. |
STREET |
685 North Pastoria Ave. |
CITY |
Sunnyvale |
STATE |
California |
POSTAL CODE |
94085 |
COUNTRY |
US |
PHONE |
650-947-3472 X217 |
EMAIL |
clynch@simplifymedical.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
ATTORNEY SECTION (proposed) |
NAME |
Cindy Lynch |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Simplify Medical, Inc. |
STREET |
685 North Pastoria Ave. |
CITY |
Sunnyvale |
STATE |
California |
POSTAL CODE |
94085 |
COUNTRY |
United States |
PHONE |
650-947-3472 X217 |
EMAIL |
clynch@simplifymedical.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (current) |
NAME |
Cindy Lynch |
FIRM NAME |
Simplify Medical, Inc. |
STREET |
685 North Pastoria Ave. |
CITY |
Sunnyvale |
STATE |
California |
POSTAL CODE |
94085 |
COUNTRY |
US |
PHONE |
650-947-3472 X217 |
EMAIL |
clynch@simplifymedical.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (proposed) |
NAME |
Cindy Lynch |
FIRM NAME |
Simplify Medical, Inc. |
STREET |
685 North Pastoria Ave. |
CITY |
Sunnyvale |
STATE |
California |
POSTAL CODE |
94085 |
COUNTRY |
United States |
PHONE |
650-947-3472 X217 |
EMAIL |
clynch@simplifymedical.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Cindy A. Lynch/ |
SIGNATORY'S NAME |
Cindy A. Lynch |
SIGNATORY'S POSITION |
Attorney for Applicant, California bar member |
SIGNATORY'S PHONE NUMBER |
650-947-3472 x217 |
DATE SIGNED |
10/29/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Oct 29 13:57:37 EDT 2019 |
TEAS STAMP |
USPTO/PPA-XX.X.XX.XX-2019
1029135737936294-88503823
-700eedce296eb678969f5d1c
43f742bc366936cd8887338a1
9b8113d16e3d27a7-N/A-N/A-
20191028190504766955 |
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 1771 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment
To the Commissioner for Trademarks:
Application serial no.
88503823 THE DIFFERENCE IS CLEAR(Standard Characters, see http://uspto.report/TM/88503823/mark.png) has been amended as follows:
EXPLANATION OF FILING
Applicant hereby respectfully requests that the following changes be made to its identity: (1) please amend its entity type from a "corporation" to a "proprietary limited company" and (2) please
amend its country of incorporation from "Austria" to "Australia." These errors were due to an inadvertent, good faith error made on the part of Applicant when it filed the application as Applicant,
at all times, has been an Australian proprietary limited company. Applicant's registrations on the Principal Register correctly identify Applicant as Australian proprietary limited company. See for
example, U.S. Registration Nos. 3166050 for KINEFLEX, 4909188 for SIMPLIFY, 4909245 for MOTION YOU CAN SEE, 4909253 for SIMPLIFY (stylized), and 4909254 for a miscellaneous design. Therefore, it was
clear that, when Applicant filed this application identifying itself as an Austrian corporation instead of an Australian proprietary limited company, it was an inadvertent, good faith error.
Applicant is and has always been an Australian proprietary limited company. Applicant is not an Austrian corporation nor is there an Austrian corporation in existence under Applicant's name.
Consequently, Applicant respectfully submits that its misidentification as an Austrian corporation is a correctable error under both TMEP Sections 1201.02(c)(3) and 1201.02(c)(7), and respectfully
requests that the error be corrected in the USPTO records. Please contact the undersigned attorney if you have any questions.
APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Simplify Medical Pty, Ltd, a corporation of Austria, having an address of
685 North Pastoria Ave
Sunnyvale, California 94085
United States
clynch@simplifymedical.com (not authorized)
650-947-3472 x217
Proposed: Simplify Medical Pty, Ltd, proprietary limited company (p/l or pty. ltd.) legally organized under the laws of Australia, having an address of
685 North Pastoria Ave
Sunnyvale, California 94085
United States
clynch@simplifymedical.com (not authorized)
650-947-3472 x217
The applicant's current attorney information: Cindy Lynch. Cindy Lynch of Simplify Medical, Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located
at
685 North Pastoria Ave.
Sunnyvale, California 94085
US
The phone number is 650-947-3472 X217.
The email address is clynch@simplifymedical.com
The applicants proposed attorney information: Cindy Lynch. Cindy Lynch of Simplify Medical, Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located
at
685 North Pastoria Ave.
Sunnyvale, California 94085
United States
The phone number is 650-947-3472 X217.
The email address is clynch@simplifymedical.com
Cindy Lynch 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: Cindy Lynch. Cindy Lynch of Simplify Medical, Inc., is located at
685 North Pastoria Ave.
Sunnyvale, California 94085
US
The phone number is 650-947-3472 X217.
The email address is clynch@simplifymedical.com
The applicants proposed correspondence information: Cindy Lynch. Cindy Lynch of Simplify Medical, Inc., is located at
685 North Pastoria Ave.
Sunnyvale, California 94085
United States
The phone number is 650-947-3472 X217.
The email address is clynch@simplifymedical.com
SIGNATURE(S)
Signature: /Cindy A. Lynch/ Date: 10/29/2019
Signatory's Name: Cindy A. Lynch
Signatory's Position: Attorney for Applicant, California bar member
Signatory's Phone Number: 650-947-3472 x217
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: Cindy Lynch
Simplify Medical, Inc.
685 North Pastoria Ave.
Sunnyvale, California 94085
Mailing Address: Cindy Lynch
Simplify Medical, Inc.
685 North Pastoria Ave.
Sunnyvale, California 94085
Serial Number: 88503823
Internet Transmission Date: Tue Oct 29 13:57:37 EDT 2019
TEAS Stamp: USPTO/PPA-XX.X.XX.XX-2019102913573793629
4-88503823-700eedce296eb678969f5d1c43f74
2bc366936cd8887338a19b8113d16e3d27a7-N/A
-N/A-20191028190504766955