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. 88672942 CHROMA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8867294 2/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Blood testing apparatus; Medical instrument; Apparatus for use in medical analysis; Testing apparatus for medical purposes; Apparatus for DNA and RNA testing for medical purposes; Blood analyzer; Immunoassay devices for medical use; Automated Extraction Instruments
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: Blood testing apparatus; Medical instrument; Medical instrument for monitoring blood properties and respiratory events; Apparatus for use in medical analysis; Apparatus for use in medical analysis, namely, medical diagnostic instruments for the analysis of body fluids; Testing apparatus for medical purposes; Testing apparatus for medical purposes, namely, immunochemical testing apparatus for medical use; Apparatus for DNA and RNA testing for medical purposes; Blood analyzer; Blood analyzer, namely, blood oxygen monitors; Immunoassay devices for medical use; Immunoassay devices for medical use, namely, apparatus used in implementing diagnosis tests designed to detect the abnormal prion protein; Automated Extraction Instruments; Automated Extraction Instruments, namely, surgical instrumentsClass 010 for Blood testing apparatus; Medical instrument for monitoring blood properties and respiratory events; Apparatus for use in medical analysis, namely, medical diagnostic instruments for the analysis of body fluids; Testing apparatus for medical purposes, namely, immunochemical testing apparatus for medical use; Apparatus for DNA and RNA testing for medical purposes; Blood analyzer, namely, blood oxygen monitors; Immunoassay devices for medical use, namely, apparatus used in implementing diagnosis tests designed to detect the abnormal prion protein; Automated Extraction Instruments, namely, surgical instruments
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: Chroma ATE Inc., a corporation of Taiwan, having an address of

            No. 66, Hwa-Ya 1st Rd.,      Hwa-Ya Technology Park, Guishan Dist.,
      Taoyuan City,
      Taiwan
      Email Address: XXXX
      703-621-7140
      703-621-7155
Proposed: Chroma ATE Inc., a corporation of Taiwan, having an address of
      No. 66, Hwa-Ya 1st Rd.,
      Hwa-Ya Technology Park, Guishan Dist.,
      Taoyuan City,
      Taiwan
      Email Address: XXXX
      703-621-7140
      703-621-7155

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
"CHROMA" 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.

Correspondence Information (current):
      JOE MCKINNEY MUNCY
      PRIMARY EMAIL FOR CORRESPONDENCE: mailroom@mg-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 5469/0160TUS.
Correspondence Information (proposed):
      JOE MCKINNEY MUNCY
      PRIMARY EMAIL FOR CORRESPONDENCE: mailroom@mg-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 5469/0160TUS.

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)
Response Signature
Signature: /Pamela Buff Baker/     Date: 03/10/2020
Signatory's Name: Pamela Buff Baker
Signatory's Position: Associate Attorney, Muncy, Geissler, Olds & Lowe, P.C., Florida Bar member

Signatory's Phone Number: 7036217140

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:    JOE MCKINNEY MUNCY
   MUNCY, GEISSLER, OLDS & LOWE, P.C.
   SUITE 310
   4000 LEGATO ROAD
   FAIRFAX, Virginia 22033
Mailing Address:    JOE MCKINNEY MUNCY
   MUNCY, GEISSLER, OLDS & LOWE, P.C.
   SUITE 310
   4000 LEGATO ROAD
   FAIRFAX, Virginia 22033
        
Serial Number: 88672942
Internet Transmission Date: Tue Mar 10 09:04:03 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202003100904032
32472-88672942-710fe1b2dfe5f415e26b56a56
89620bdda1bcca92dba92f11afe5efadfe18539-
N/A-N/A-20200310090033688831