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. 88609193 BBOX(Standard Characters, see http://uspto.report/TM/88609193/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Diagnostic test kits for scientific use comprised primarily of devices, namely, lancets, test tubes, wipes and swabs for collecting bodily fluids, collection envelopes, and instruction manuals for using diagnostic test kits; Diagnostic test kits for collecting bodily fluids for use in disease detection, namely, HIV, syphilis, herpes, and hepatitis

Applicant hereby adds the following class of goods/services to the application:
New: Class 010 (Original Class: 009 ) for Diagnostic test kits for medical purposes comprised primarily of devices, namely, lancets, test tubes, wipes and swabs for collecting bodily fluids, collection envelopes, and instruction manuals for using diagnostic test kits; Diagnostic test kits for medical purposes, consisting primarily of bodily fluid sampling and collecting tubes for collecting bodily fluids for use in disease detection, namely, for detecting HIV, syphilis, herpes, and hepatitis
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.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
Each of the letter "B," and the terms "BBOX" and "BOX," 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: /Kelly Kubasta/     Date: 11/26/2019
Signatory's Name: Kelly Kubasta
Signatory's Position: Attorney of record, Texas 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: 88609193
Internet Transmission Date: Tue Nov 26 18:50:09 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20191126185009431397-88609193-7
001e2eabbe8aca1e3eceb3a4631e86147ff175a3
02c17dbfb2f257d37d1a57027-N/A-N/A-201911
26184730682020