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)

---

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. 88682310 SOLARIS(Standard Characters, see http://uspto.report/TM/88682310/mark.png) has been amended as follows:

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

Please see attached.

EVIDENCE
Evidence has been attached: arguments and evidence in support of Applicant's position regarding the prior filed applications advisory
Original PDF file:
evi_2411115223-2020081119 0039135919_._Response_Fin al.pdf
Converted PDF file(s) ( 41 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36Evidence-37Evidence-38Evidence-39Evidence-40Evidence-41

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Physical rehabilitation, physical therapy and sports medicine equipment all designed specifically for medical use, namely, manually operated exercise equipment for physical therapy purposes, shoulder stretchers using a cable, resistance bands and cables for sports medicine therapeutic purposes, body rehabilitation apparatuses for medical purposes, force and motion testing apparatuses for physical rehabilitation, vibrating apparatuses used to stimulate muscles and increase strength and physical performance for health and medical purposes, whirlpools for therapeutic use, foam rollers for use in physical therapy, foam positioning pads for medical and physical therapy use, hand and finger exercisers for therapeutic purposes, splints for medical purposes, support bandages, air pillows and cushions for medical purposes, and orthopedic cushions and padding, all the foregoing capable of use in both home and clinical settings; Exercise equipment for physical therapy and sports medicine purposes; Chiropractic instruments; Medical devices for physical therapy and sports medicine purposes, namely, heart rate monitors, health monitoring devices, blood pressure monitors, thermometers, pedometers, and body fat monitors; Medical diagnostic and therapy devices, namely, electro-therapy devices in the nature of static electric therapy apparatuses, instruments for soft tissue work, ultrasound devices for use in deep-heat tissue therapy, low frequency electric therapy apparatuses, and electronic light therapy apparatuses for the skin; Strength analysis devices in the nature of dynamometers for diagnostic muscle strength testing, force, and motion testing apparatuses for physical rehabilitation; Medical ultrasound apparatuses, spirometry devices, and laser devices in the nature of lasers for medical use and laser therapy stimulators for pain management; Laser biostimulation instruments for health care use in the nature of electronic light therapy apparatuses for the skin, electrotherapy stimulation apparatuses comprising electrical nerve and muscle stimulators, electrodes, transmitting pads for use with human and veterinary patients, providing electrotherapy via transcutaneous electrical nerve stimulation, and providing electronic stimulation to muscles for physical therapy purposes; Patient examination and/or treatment tables; Hot packs and non-medicated compresses for medical use; Therapeutic hot and cold therapy packs and compresses; Medical gowns; Back supports for medical purposes; Orthopedic support bandages, namely, wearable pads for the hands; Traction apparatuses for medical purposes; Walking aids for medical purposes; Whirlpools for use in hospitals or for therapeutic 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.


Proposed:

Tracked Text Description: Physical rehabilitation, physical therapy and sports medicine equipment all designed specifically for medical use, namely, manually operated exercise equipment for physical therapy purposes, shoulder stretchers using a cable, resistance bands and cables for sports medicine therapeutic purposes, body rehabilitation apparatuses for medical purposes, force and motion testing apparatuses for physical rehabilitation, vibrating apparatuses used to stimulate muscles and increase strength and physical performance for health and medical purposes, whirlpools for therapeutic use, foam rollers for use in physical therapy, foam positioning pads for medical and physical therapy use, hand and finger exercisers for therapeutic purposes, splints for medical purposes, support bandages, air pillows and cushions for medical purposes, and orthopedic cushions and padding, all the foregoing capable of use in both home and clinical settings; Physical rehabilitation, physical therapy and sports medicine equipment all designed specifically for medical use, namely, manually operated exercise equipment for physical therapy purposes, shoulder stretchers using a cable, manually-operated resistance bands and cables cable tubing for sports medicine physical therapeutic purposes, body rehabilitation apparatuses for medical purposes, force and motion testing apparatuses for physical rehabilitation, vibrating apparatuses used to stimulate muscles and increase strength and physical performance for health and medical purposes, whirlpools for therapeutic use, foam rollers for use in physical therapy, foam positioning pads for medical and physical therapy use, hand and finger exercisers for therapeutic purposes, splints for medical purposes, support bandages, air pillows and cushions for medical purposes, and orthopedic cushions and padding, all the foregoing capable of use in both home and clinical settings; Exercise equipment for physical therapy and sports medicine purposes; manually-operated exercise equipment for physical therapy and sports medicine physical therapy purposes; Chiropractic instruments; Medical devices for physical therapy and sports medicine purposes, namely, heart rate monitors, health monitoring devices, blood pressure monitors, thermometers, pedometers, and body fat monitors; Medical devices for physical therapy and sports medicine purposes, namely, heart rate monitors, health monitoring devices consisting of blood pressure monitors, thermometers, and pedometers, and body fat monitors; Medical diagnostic and therapy devices, namely, electro-therapy devices in the nature of static electric therapy apparatuses, instruments for soft tissue work, ultrasound devices for use in deep-heat tissue therapy, low frequency electric therapy apparatuses, and electronic light therapy apparatuses for the skin; Medical diagnostic and therapy devices, namely, electro-therapy devices in the nature of static electric therapy apparatuses, massage instruments for soft tissue work, medical ultrasound apparatus devices for use in deep-heat tissue therapy, low frequency electric therapy apparatuses, and electronic light therapy apparatuses for the skin; Strength analysis devices in the nature of dynamometers for diagnostic muscle strength testing, force, and motion testing apparatuses for physical rehabilitation; Strength analysis devices in the nature of dynamometers for diagnostic muscle strength testing and force and motion testing apparatuses for physical rehabilitation; Medical ultrasound apparatuses, spirometry devices, and laser devices in the nature of lasers for medical use and laser therapy stimulators for pain management; Medical ultrasound apparatuses, spirometry devices in the nature of spirometers, and laser devices in the nature of lasers for medical use and laser therapy stimulators for pain management for medical use; Laser biostimulation instruments for health care use in the nature of electronic light therapy apparatuses for the skin, electrotherapy stimulation apparatuses comprising electrical nerve and muscle stimulators, electrodes, transmitting pads for use with human and veterinary patients, providing electrotherapy via transcutaneous electrical nerve stimulation, and providing electronic stimulation to muscles for physical therapy purposes; Laser biostimulation instruments for health care use in the nature of electronic light therapy apparatuses for the skin, electrotherapy stimulation apparatuses comprising electrical nerve and muscle stimulators, medical electrodes, transmitting pads for use with human and veterinary patients, namely, horses and dogs, all for providing electrotherapy via transcutaneous electrical nerve stimulation, and for providing electronic stimulation to muscles for physical therapy purposes; Patient examination and/or treatment tables; Hot packs and non-medicated compresses for medical use; Chemically activated hot gel packs and non-medicated compresses for medical use; Therapeutic hot and cold therapy packs and compresses; Therapeutic, chemically activated hot and cold therapy packs and compresses; Medical gowns; Back supports for medical purposes; Orthopedic support bandages, namely, wearable pads for the hands; Traction apparatuses for medical purposes; Walking aids for medical purposes; Whirlpools for use in hospitals or for therapeutic useClass 010 for Physical rehabilitation, physical therapy and sports medicine equipment all designed specifically for medical use, namely, manually operated exercise equipment for physical therapy purposes, shoulder stretchers using a cable, manually-operated resistance bands and cables cable tubing for sports medicine physical therapeutic purposes, body rehabilitation apparatuses for medical purposes, force and motion testing apparatuses for physical rehabilitation, vibrating apparatuses used to stimulate muscles and increase strength and physical performance for health and medical purposes, whirlpools for therapeutic use, foam rollers for use in physical therapy, foam positioning pads for medical and physical therapy use, hand and finger exercisers for therapeutic purposes, splints for medical purposes, support bandages, air pillows and cushions for medical purposes, and orthopedic cushions and padding, all the foregoing capable of use in both home and clinical settings; manually-operated exercise equipment for physical therapy and sports medicine physical therapy purposes; Chiropractic instruments; Medical devices for physical therapy and sports medicine purposes, namely, heart rate monitors, health monitoring devices consisting of blood pressure monitors, thermometers, and pedometers, and body fat monitors; Medical diagnostic and therapy devices, namely, electro-therapy devices in the nature of static electric therapy apparatuses, massage instruments for soft tissue work, medical ultrasound apparatus devices for use in deep-heat tissue therapy, low frequency electric therapy apparatuses, and electronic light therapy apparatuses for the skin; Strength analysis devices in the nature of dynamometers for diagnostic muscle strength testing and force and motion testing apparatuses for physical rehabilitation; Medical ultrasound apparatuses, spirometry devices in the nature of spirometers, and laser devices in the nature of lasers for medical use and laser therapy stimulators for pain management for medical use; Laser biostimulation instruments for health care use in the nature of electronic light therapy apparatuses for the skin, electrotherapy stimulation apparatuses comprising electrical nerve and muscle stimulators, medical electrodes, transmitting pads for use with human and veterinary patients, namely, horses and dogs, all for providing electrotherapy via transcutaneous electrical nerve stimulation, and for providing electronic stimulation to muscles for physical therapy purposes; Patient examination and/or treatment tables; Chemically activated hot gel packs and non-medicated compresses for medical use; Therapeutic, chemically activated hot and cold therapy packs and compresses; Medical gowns; Back supports for medical purposes; Orthopedic support bandages, namely, wearable pads for the hands; Traction apparatuses for medical purposes; Walking aids for medical purposes; Whirlpools for use in hospitals or for therapeutic 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Dynatronics Corporation, a corporation of Utah, having an address of
      7030 S. Park Centre Drive
      Cottonwood Heights, Utah 84121
      United States

Proposed: Dynatronics Corporation, a corporation of Utah, having an address of
      7030 S. Park Centre Drive
      Cottonwood Heights, Utah 84121
      United States
      Email Address: XXXX
Correspondence Information (current):
      DAVID B. TINGEY
      PRIMARY EMAIL FOR CORRESPONDENCE: kmip@kmclaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 7536.136.
Correspondence Information (proposed):
      David B. Tingey
      PRIMARY EMAIL FOR CORRESPONDENCE: kmip@kmclaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 7536.136.

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: /David B. Tingey/     Date: 08/11/2020
Signatory's Name: David B. Tingey
Signatory's Position: Attorney of record, Utah bar member

Signatory's Phone Number: 8013283600

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:    DAVID B. TINGEY
   KIRTON MCCONKIE
   
   36 S. STATE STREET, SUITE 1900
   SALT LAKE CITY, Utah 84111
Mailing Address:    David B. Tingey
   KIRTON MCCONKIE
   36 S. STATE STREET, SUITE 1900
   SALT LAKE CITY, Utah 84111
        
Serial Number: 88682310
Internet Transmission Date: Tue Aug 11 19:13:41 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020081119134119
1918-88682310-7403034494a884024d3d326aa2
1277adfeb75cedc0e65a645ca329a15291aa784-
N/A-N/A-20200811190039135919