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. 88783752 OPUS(Standard Characters, see http://uspto.report/TM/88783752/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Remarks, evidence, and declaration in favor of registration has been attached.
Original PDF file:
evi_982181732-20200422130010703295_._TM_Resp_202004_OPUS_Alma_Lasers.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
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Original PDF file:
evi_982181732-20200422130010703295_._Alma_Lasers_OPUS_Declaration.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_982181732-20200422130010703295_._OPUS_Evidence2.pdf
Converted PDF file(s) ( 34 pages)
Evidence-1
Evidence-2
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Evidence-5
Evidence-6
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Evidence-8
Evidence-9
Evidence-10
Evidence-11
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Evidence-22
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Evidence-34

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 010 for Medical apparatus and instruments for treating face, body, tissue and skin; Medical devices, namely, radio-frequency skin treatment devices; medical lasers; lasers for medical use; skin treatment apparatus for applying radio-frequency energy or ultrasound for aesthetic and medical purposes; radio-frequency electromagnetic energy emitting apparatus and ultrasound emitting apparatus for aesthetic skin treatment and medical use; medical apparatus for aesthetic and therapeutic applications for the skin and its subcutaneous structures, namely, devices for delivering energy to the skin and its underlying tissues; parts and fittings specifically adapted for the aforesaid goods
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 treating face, body, tissue and skin; Medical apparatus and instruments for treating face, body, tissue and skin, namely, high-frequency unipolar radio-frequency energy emitting apparatus sold to medical professionals for skin resurfacing; Medical devices, namely, radio-frequency skin treatment devices; Medical devices, namely, radio-frequency skin treatment devices for skin resurfacing; medical lasers; skin treatment apparatus for applying high-frequency unipolar radio-frequency energy for aesthetic and medical purposes; lasers for medical use; radio-frequency electromagnetic energy emitting apparatus for aesthetic skin treatment and medical use, sold to medical professionals; skin treatment apparatus for applying radio-frequency energy or ultrasound for aesthetic and medical purposes; medical apparatus for aesthetic and therapeutic applications for the skin and its subcutaneous structures, namely, devices for delivering energy to the skin and its underlying tissues for skin resurfacing, sold to medical professionals; radio-frequency electromagnetic energy emitting apparatus and ultrasound emitting apparatus for aesthetic skin treatment and medical use; parts and fittings specifically adapted for the aforesaid goods; medical apparatus for aesthetic and therapeutic applications for the skin and its subcutaneous structures, namely, devices for delivering energy to the skin and its underlying tissuesClass 010 for Medical apparatus and instruments for treating face, body, tissue and skin, namely, high-frequency unipolar radio-frequency energy emitting apparatus sold to medical professionals for skin resurfacing; Medical devices, namely, radio-frequency skin treatment devices for skin resurfacing; skin treatment apparatus for applying high-frequency unipolar radio-frequency energy for aesthetic and medical purposes; radio-frequency electromagnetic energy emitting apparatus for aesthetic skin treatment and medical use, sold to medical professionals; medical apparatus for aesthetic and therapeutic applications for the skin and its subcutaneous structures, namely, devices for delivering energy to the skin and its underlying tissues for skin resurfacing, sold to medical professionals; parts and fittings specifically adapted for the aforesaid goods
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.
Correspondence Information (current):
      Clifford D. Hyra
      PRIMARY EMAIL FOR CORRESPONDENCE: cliff@freship.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@freship.com; patents@almalasers.co.il

The docket/reference number is 7406-111.
Correspondence Information (proposed):
      Clifford D. Hyra
      PRIMARY EMAIL FOR CORRESPONDENCE: cliff@freship.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@freship.com; patents@almalasers.co.il

The docket/reference number is 7406-111.

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: /Cliff Hyra/     Date: 04/22/2020
Signatory's Name: Clifford D. Hyra
Signatory's Position: Attorney of Record, VA State Bar Member

Signatory's Phone Number: 8669133499

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:    Clifford D. Hyra
   FRESH IP PLC
   
   11710 PLAZA AMERICA DRIVE SUITE 2000
   RESTON, Virginia 20190
Mailing Address:    Clifford D. Hyra
   FRESH IP PLC
   11710 PLAZA AMERICA DRIVE SUITE 2000
   RESTON, Virginia 20190
        
Serial Number: 88783752
Internet Transmission Date: Wed Apr 22 17:24:06 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20200422172406617
416-88783752-710c989715d4abb9dd7ec2d924e
0e708afc7317671d39ced7d1ad410c13813a-N/A
-N/A-20200422130010703295