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. 88577134 IBRAMED (Stylized and/or with Design, see http://uspto.report/TM/88577134/mark.png) has been amended as follows:

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

Please see Applicant's attached remarks to the Office Action mailed on November 19,
2019.

EVIDENCE
Evidence in the nature of Applicant's remarks to the Office Action mailed on November 19, 2019. has been attached.
Original PDF file:
evi_10714310432-20191202105037830308_._CMB.T0029_ROA.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 010 for Ultrasound and/or combined therapy equipment with neuromuscular electric stimulation through currents, with the following characteristics: ultrasound in frequencies in the range from 0.5MHz to 10 MHz with continuous and pulsed emission, medium frequency current, low frequency current, high frequency current, TENS and FES current, interferential current, high voltage current, sinusoidal current from 1 KHz to 4 KHz (2 milliseconds to 4 milliseconds), Galvanic and Diadynamic current, Microcurrent, combined therapy with laser or vacuum, used in dermatofunctional and rehabilitation areas, esthetic medicine and odontology; electromedical equipment designed for laser therapy and laser acupuncture in wavelengths of 904nm, 830nm and 660nm, physiotherapy devices for pain and functional stimulation, therapeutic devices, ultrasound with vacuum therapy, short wave and/or microwave therapeutic diathermy, electric instruments for acupuncture, esthetic massage devices, portable high frequency devices for facial, hair and podology applications, devices with oxygenation, fungicide and bactericide action, radio frequency and magnetotherapy equipment
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 00/00/2013 and first used in commerce at least as early as 00/00/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Ultrasound and/or combined therapy equipment with neuromuscular electric stimulation through currents, with the following characteristics: ultrasound in frequencies in the range from 0.5MHz to 10 MHz with continuous and pulsed emission, medium frequency current, low frequency current, high frequency current, TENS and FES current, interferential current, high voltage current, sinusoidal current from 1 KHz to 4 KHz (2 milliseconds to 4 milliseconds), Galvanic and Diadynamic current, Microcurrent, combined therapy with laser or vacuum, used in dermatofunctional and rehabilitation areas, esthetic medicine and odontology; Medical ultrasound apparatus; electromedical equipment designed for laser therapy and laser acupuncture in wavelengths of 904nm, 830nm and 660nm, physiotherapy devices for pain and functional stimulation, therapeutic devices, ultrasound with vacuum therapy, short wave and/or microwave therapeutic diathermy, electric instruments for acupuncture, esthetic massage devices, portable high frequency devices for facial, hair and podology applications, devices with oxygenation, fungicide and bactericide action, radio frequency and magnetotherapy equipment; combined therapy equipment with neuromuscular electric stimulation, namely, electrical stimulation apparatus for nerves and muscles for rehabilitative purposes; electromedical equipment designed for laser therapy, namely, laser therapy stimulators and laser acupuncture equipment; physiotherapy devices for pain and functional stimulation, namely, nerve stimulator apparatus, physical exercise apparatus for medical purposes; therapeutic devices, namely, stretching machines for therapeutic purposes; medical ultrasound apparatus with vacuum therapy, short wave and/or microwave therapeutic diathermy equipment, electric instruments for acupuncture, aesthetic massage devices; portable high frequency devices for facial, hair and podology applications, namely, high frequency electromagnetic therapy apparatus; apparatus for oxygen therapy; apparatus for fungicide and bactericide therapy; apparatus for radio and magnet therapy.Class 010 for Medical ultrasound apparatus; combined therapy equipment with neuromuscular electric stimulation, namely, electrical stimulation apparatus for nerves and muscles for rehabilitative purposes; electromedical equipment designed for laser therapy, namely, laser therapy stimulators and laser acupuncture equipment; physiotherapy devices for pain and functional stimulation, namely, nerve stimulator apparatus, physical exercise apparatus for medical purposes; therapeutic devices, namely, stretching machines for therapeutic purposes; medical ultrasound apparatus with vacuum therapy, short wave and/or microwave therapeutic diathermy equipment, electric instruments for acupuncture, aesthetic massage devices; portable high frequency devices for facial, hair and podology applications, namely, high frequency electromagnetic therapy apparatus; apparatus for oxygen therapy; apparatus for fungicide and bactericide therapy; apparatus for radio and magnet therapy.
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 00/00/2013 and first used in commerce at least as early as 00/00/2013 , and is now in use in such commerce.
The applicant hereby appoints Floyd Trillis III. Other appointed attorneys are Salvatore A. Sidoti. Floyd Trillis III of Curatolo Sidoti Co., LPA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 280
      24500 CENTER RIDGE ROAD
      CLEVELAND, Ohio 44145
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is CMB.T0029.

The phone number is 4408080011.

The fax number is 4408080657.

The email address is docket@patentandtm.com

Floyd Trillis III 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: . , is located at

      
      ,

The applicants proposed correspondence information: Floyd Trillis III. Floyd Trillis III of Curatolo Sidoti Co., LPA, is located at

      Suite 280
      24500 CENTER RIDGE ROAD
      CLEVELAND, Ohio 44145
      United States
The docket/reference number is CMB.T0029.

The phone number is 4408080011.

The fax number is 4408080657.

The email address is docket@patentandtm.com; sidoti@patentantm.com; trillis@patentandtm.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a design of a curved "I" shape with three curved lines in a half circle side by side of the "I" shape.

Significance of wording, letter(s), or numeral(s)
IBRAMED appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /Floyd Trillis III/     Date: 12/02/2019
Signatory's Name: Floyd Trillis III
Signatory's Position: One of Applicant's attorney's of record [Ohio bar member]

Signatory's Phone Number: 4408080011

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:    
   
   
   
   ,
Mailing Address:    Floyd Trillis III
   Curatolo Sidoti Co., LPA
   Suite 280
   24500 CENTER RIDGE ROAD
   CLEVELAND, Ohio 44145
        
Serial Number: 88577134
Internet Transmission Date: Mon Dec 02 11:01:19 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201912021101197
13411-88577134-700ef9abc90bf5014b7ae5df8
3e7ad1f7cd26ae1cda8b0642dfac1f824a0ef413
d-N/A-N/A-20191202105037830308