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. 88580297 EDGE(Standard Characters, see http://uspto.report/TM/88580297/mark.png) has been amended as follows:

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

The Applicant respectfully requests that the blocking citation of U.S. Registration Number 4548566 be withdrawn as the Applicant hereby deletes "x-ray apparatus for dental use" from Class 10, the only identification of goods to which the refusal pertained.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Cotton for dental purposes; gauze; autoclave tape
Original Filing Basis:
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: Cotton for dental purposes; gauze; autoclave tapeClass 005 for Cotton for dental purposes; gauze
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Bibs for dental use; drinking cups for dental use; dental apparatus, namely, saliva ejectors, evacuator tips, disposable syringe tips; disposable medical sterilization pouches; gloves for dental use; face masks for use by dental care providers; film used as a protective germ shield barrier for dental use; x-ray apparatus for dental use; plastic covers and plastic sleeves used to protect dental apparatus; plastic covers for use on headrests for dental examination chairs; plastic covers for use on dental examination chairs
Original Filing Basis:
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: Bibs for dental use; drinking cups for dental use; dental apparatus, namely, saliva ejectors, evacuator tips, disposable syringe tips; disposable medical sterilization pouches; gloves for dental use; face masks for use by dental care providers; film used as a protective germ shield barrier for dental use; disposable film used as a protective germ shield barrier for dental use; x-ray apparatus for dental use; disposable plastic covers and plastic sleeves used to protect dental apparatus; plastic covers and plastic sleeves used to protect dental apparatus; disposable plastic covers for use on headrests for dental examination chairs; plastic covers for use on headrests for dental examination chairs; disposable plastic covers for use on dental examination chairs; plastic covers for use on dental examination chairs; autoclave tape for dental useClass 010 for Bibs for dental use; drinking cups for dental use; dental apparatus, namely, saliva ejectors, evacuator tips, disposable syringe tips; disposable medical sterilization pouches; gloves for dental use; face masks for use by dental care providers; disposable film used as a protective germ shield barrier for dental use; disposable plastic covers and plastic sleeves used to protect dental apparatus; disposable plastic covers for use on headrests for dental examination chairs; disposable plastic covers for use on dental examination chairs; autoclave tape for dental use
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.

SIGNATURE(S)
Response Signature
Signature: /RM/     Date: 01/09/2020
Signatory's Name: Roxana Monemdjou
Signatory's Position: Associate Attorney, NY bar member

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.

        
Serial Number: 88580297
Internet Transmission Date: Thu Jan 09 17:35:23 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020010917352364
0415-88580297-700695b9745759e06bc59bec25
ad5dc52395ee7569e63fb46236d13e4a7a1b9-N/
A-N/A-20200109171453550112