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. 88865812 RDX(Standard Characters, see http://uspto.report/TM/88865812/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Diagnostic computer software for use in the field of ophthalmology, namely, software that connects to ophthalmological medical devices and transmits patient data from the devices to a remote physician for assessment, analysis, and 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: Diagnostic computer software for use in the field of ophthalmology, namely, software that connects to ophthalmological medical devices and transmits patient data from the devices to a remote physician for assessment, analysis, and treatment; Providing temporary use of on-line non-downloadable diagnostic computer software for use in the field of ophthalmology, namely, software that connects to ophthalmological medical devices and transmits patient data from the devices to a remote physician for assessment, analysis, and treatmentClass 009 for Providing temporary use of on-line non-downloadable diagnostic computer software for use in the field of ophthalmology, namely, software that connects to ophthalmological medical devices and transmits patient data from the devices to a remote physician for assessment, analysis, and 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.
Correspondence Information (current):
      GABRIELLE S. ROTH
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@sughrue.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): groth@sughrue.com

The docket/reference number is S5777009.
Correspondence Information (proposed):
      GABRIELLE S. ROTH
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@sughrue.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): groth@sughrue.com

The docket/reference number is S5777009.

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: /Gabrielle S. Roth/     Date: 07/23/2020
Signatory's Name: Gabrielle S. Roth
Signatory's Position: Attorney for Applicant, DC Bar Member

Signatory's Phone Number: 202-663-7471

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:    GABRIELLE S. ROTH
   SUGHRUE MION, PLLC
   
   2000 PENNSYLVANIA AVENUE NW, SUITE 900
   WASHINGTON, District of Columbia 20006
Mailing Address:    GABRIELLE S. ROTH
   SUGHRUE MION, PLLC
   2000 PENNSYLVANIA AVENUE NW, SUITE 900
   WASHINGTON, District of Columbia 20006
        
Serial Number: 88865812
Internet Transmission Date: Thu Jul 23 13:08:16 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20200723130816017
056-88865812-740c5fcfde515c9e5c319267348
435fd3df6d527942997555a6eaec1fb4b4c5914f
-N/A-N/A-20200723113632460093