This Office action is in response to applicant’s communication filed on August 11, 2020.
The application is suspendedfor the reason(s) specified below.See 37 C.F.R. §2.67; TMEP §§716 et seq.
The pending application(s) below has an earlier filing date or effective filing date than applicant’s application. If the
mark in the application(s) below registers, the USPTO may refuse registration of applicant’s mark under Section 2(d) because of a likelihood of confusion with the registered mark(s). 15 U.S.C.
§1052(d); see 37 C.F.R. §2.83; TMEP §§1208.02(c). Action on this application is suspended until the prior-filed application(s) below either registers or abandons. 37 C.F.R. §2.83(c). Information relevant to the application(s) below was sent previously.
- U.S. Application Serial No(s). 87954037
Suspension process. The USPTO will periodically check this application to
determine if it should remain suspended.See TMEP §716.04. As needed, the trademark examining attorney will
issue a letter to applicant to inquire about the status of the reason for the suspension. TMEP §716.05.
No response required. Applicant may file a response, but is not required to do so.
STATUS OF REMAINING ISSUES:
1. The reference to prior pending U.S. Application Serial No. 87954037 is
maintained and CONTINUED. Applicant's arguments in favor of registration is noted and made part of the record. The trademark examining attorney has found applicant’s
arguments unpersuasive and still believes there may be a likelihood of confusion between applicant’s mark and U.S. Registration No. 87954037.
The following requirements are maintained and CONTINUED: identification of goods in International Class 010.
Applicant may adopt the following wording, if accurate “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{delete} 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{delete} 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” in
International Class 010.
3. The reference to prior pending U.S. Application Serial No. 6109960, which was
deemed as a potential bar to registration of applicant's mark based on a likelihood of confusion under Trademark Act Section 2(d) has since registered. Applicant’s arguments in favor of registration
are noted and made part of the record.