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. 88564021 PRIME(Standard Characters, see http://uspto.report/TM/88564021/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Medical devices that administer injectable therapies; Medical apparatus and units for dosage, measuring and monitoring, namely, drug delivery devices and systems; and medical therapies associated with or without the drug delivery devices and systems; Drug delivery and compliance tracking systems in the nature of an electronic patient monitoring device that monitors the administration of medications and medical information of the patient; Needle-free drug delivery systems
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: Medical devices that administer injectable therapies; Medical apparatus and units for dosage, measuring and monitoring, namely, drug delivery devices and systems; and medical therapies associated with or without the drug delivery devices and systems; Drug delivery and compliance tracking systems in the nature of an electronic patient monitoring device that monitors the administration of medications and medical information of the patient; Needle-free drug delivery systemsClass 010 for Medical devices that administer injectable therapies; Medical apparatus and units for dosage, measuring and monitoring, namely, drug delivery devices and systems; Drug delivery and compliance tracking systems in the nature of an electronic patient monitoring device that monitors the administration of medications and medical information of the patient; Needle-free drug delivery systems
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: Portal Instruments, Inc., a corporation of Delaware, having an address of
      190 5th Street
      Cambridge, Massachusetts 02141
      United States

Proposed: Portal Instruments, Inc., a corporation of Delaware, having an address of
      190 5th Street
      Cambridge, Massachusetts 02141
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Aaron Y. Silverstein. Aaron Y. Silverstein of SAUNDERS & SILVERSTEIN LLP, is located at

      14 CEDAR STREET, SUITE 224
      AMESBURY, Massachusetts 01913-1831
      United States
The docket/reference number is 1233.407.11.
      The phone number is 978-463-9100.
      The email address is trademarks@sandsip.com

The owner's/holder's proposed attorney information: Aaron Y. Silverstein. Other appointed attorneys are Each of the attorneys of Saunders & Silverstein LLP. Aaron Y. Silverstein of SAUNDERS & SILVERSTEIN LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      14 CEDAR STREET, SUITE 224
      AMESBURY, Massachusetts 01913-1831
      United States
The docket/reference number is 1233.407.11.
      The phone number is 978-463-9100.
      The email address is trademarks@sandsip.com

Aaron Y. Silverstein 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):
      AARON Y. SILVERSTEIN
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@sandsip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): asilverstein@sandsip.com

The docket/reference number is 1233.407.11.
Correspondence Information (proposed):
      Aaron Y. Silverstein
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@sandsip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): asilverstein@sandsip.com

The docket/reference number is 1233.407.11.

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).

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Patrick Anquetil/      Date: 05/06/2020
Signatory's Name: Patrick Anquetil
Signatory's Position: CEO
Signatory's Phone Number: 000.000.0000


Response Signature
Signature: /Aaron Y. Silverstein/     Date: 05/06/2020
Signatory's Name: Aaron Y. Silverstein
Signatory's Position: Attorney of record, MA/NY bar member

Signatory's Phone Number: +1.978.463.9100

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:    AARON Y. SILVERSTEIN
   SAUNDERS & SILVERSTEIN LLP
   
   14 CEDAR STREET, SUITE 224
   AMESBURY, Massachusetts 01913-1831
Mailing Address:    Aaron Y. Silverstein
   SAUNDERS & SILVERSTEIN LLP
   14 CEDAR STREET, SUITE 224
   AMESBURY, Massachusetts 01913-1831
        
Serial Number: 88564021
Internet Transmission Date: Wed May 06 14:43:31 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200506144331293351-88564021-7
103299b470fcd35758f1ae9b878a9756dda2dbfd
73d66d731b2652a83714f53d2-N/A-N/A-202005
06093726147834