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. 88768528 EMSCULPT NEO(Standard Characters, see http://uspto.report/TM/88768528/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: the attached Response and evidence documents
Original PDF file:
evi_3810042130-2020091413 2501582876_._88768528_-_R esponse_to_Office_Action_ _5387.0100000_.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_3810042130-2020091413 2501582876_._2020-09-14-A ssignment-as-filed-5387-0 100000.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Medical apparatus and instruments for the treatment of cellulite; medical apparatus and instruments for body toning and body shaping; medical apparatus and instruments for the removal of fat, circumference reduction, tightening of skin, reduction of wrinkles, reduction of scars, reduction of stretch marks, rejuvenation of skin, and treatment of pigmentation spots; medical apparatus and instruments for aesthetic skin treatment procedures; medical apparatus generating electromagnetic, magnetic, electrical, mechanical or thermal energy for use in skin treatment procedures; medical apparatus particularly apparatus for pain management, elimination of muscle spasms; gynecological and urological apparatus and instruments, namely, for genital rejuvenation, treatment sexual dysfunction, gynecological treatment and pelvic floor treatment
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: Medical apparatus and instruments for the treatment of cellulite; medical apparatus and instruments for body toning and body shaping; medical apparatus and instruments for the removal of fat, circumference reduction, tightening of skin, reduction of wrinkles, reduction of scars, reduction of stretch marks, rejuvenation of skin, and treatment of pigmentation spots; medical apparatus and instruments for aesthetic skin treatment procedures; medical apparatus generating electromagnetic, magnetic, electrical, mechanical or thermal energy for use in skin treatment procedures; medical apparatus particularly apparatus for pain management, elimination of muscle spasms; gynecological and urological apparatus and instruments, namely, for genital rejuvenation, treatment sexual dysfunction, gynecological treatment and pelvic floor treatment; gynecological and urological apparatus and instruments, namely, for genital rejuvenation, treatment of sexual dysfunction, gynecological treatment and pelvic floor treatmentClass 010 for Medical apparatus and instruments for the treatment of cellulite; medical apparatus and instruments for body toning and body shaping; medical apparatus and instruments for the removal of fat, circumference reduction, tightening of skin, reduction of wrinkles, reduction of scars, reduction of stretch marks, rejuvenation of skin, and treatment of pigmentation spots; medical apparatus and instruments for aesthetic skin treatment procedures; medical apparatus generating electromagnetic, magnetic, electrical, mechanical or thermal energy for use in skin treatment procedures; medical apparatus particularly apparatus for pain management, elimination of muscle spasms; gynecological and urological apparatus and instruments, namely, for genital rejuvenation, treatment of sexual dysfunction, gynecological treatment and pelvic floor treatment
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:

Current:
Class 044 for Medical services; medical equipment rental; cosmetic and plastic surgery; beauty salons; liposuction services; removal of body cellulite
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: Medical services; medical equipment rental; cosmetic and plastic surgery; beauty salons; liposuction services; removal of body cellulite; medical services, namely, removal of body celluliteClass 044 for Medical services; medical equipment rental; cosmetic and plastic surgery; beauty salons; liposuction services; medical services, namely, removal of body cellulite
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: BTL Industries, Inc., a corporation of Delaware, having an address of
      362 Elm Street
      Marlborough, Massachusetts 01752
      United States

Proposed: BTL Industries, Ltd., JOINT STOCK COMPANY legally organized under the laws of Bulgaria, having an address of
      8 Tzar Kaloyan Str
      Sofia, 1000
      Bulgaria
      Email Address: XXXX

The owner's/holder's current attorney information: Monica Riva Talley. Monica Riva Talley of STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1100 NEW YORK AVENUE, NW
      WASHINGTON, District of Columbia 20005
      United States
The docket/reference number is 5387.0100000.
      The phone number is 202-371-2600.
      The fax number is 202-371-2540.
      The email address is tm@sternekessler.com

The owner's/holder's proposed attorney information: Monica Riva Talley. Other appointed attorneys are Tracy-Gene G. Durkin; Dana N. Justus; Lauriel F. Dalier; Ivy Clarice Estoesta; Shana L. Olson. Monica Riva Talley of Sterne, Kessler, Goldstein & Fox P.L.L.C, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1100 New York Avenue, NW
      Washington, District of Columbia 20005
      United States
The docket/reference number is 5387.0100000.
      The phone number is 202-371-2600.
      The fax number is 202-371-2540.
      The email address is tm@sternekessler.com

Monica Riva Talley submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      MONICA RIVA TALLEY
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@sternekessler.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mtalley@sternekessler.com; djustus@sternekessler.com; alazea@sternekessler.com

The docket/reference number is 5387.0100000.
Correspondence Information (proposed):
      Monica Riva Talley
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@sternekessler.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mtalley@sternekessler.com; djustus@sternekessler.com; alazea@sternekessler.com

The docket/reference number is 5387.0100000.

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: /Dana N. Justus/     Date: 09/14/2020
Signatory's Name: Dana N. Justus
Signatory's Position: Counsel, Sterne, Kessler, Goldstein & Fox P.L.L.C., North Carolina and Washington, DC Bars Member

Signatory's Phone Number: 2023712600

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:    MONICA RIVA TALLEY
   STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
   
   1100 NEW YORK AVENUE, NW
   WASHINGTON, District of Columbia 20005
Mailing Address:    Monica Riva Talley
   Sterne, Kessler, Goldstein & Fox P.L.L.C
   1100 New York Avenue, NW
   Washington, District of Columbia 20005
        
Serial Number: 88768528
Internet Transmission Date: Mon Sep 14 21:02:58 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020091421025871
2124-88768528-750defe5de34a13942d3b1d1bb
a569e1038a29be84324b2ad89e78e28d172180d4
-N/A-N/A-20200914132923670377