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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88975036 |
LAW OFFICE ASSIGNED | LAW OFFICE 121 |
MARK SECTION | |
MARK | http://uspto.report/TM/88975036/mark.png |
LITERAL ELEMENT | XSENS |
STANDARD CHARACTERS | YES |
USPTO-GENERATED IMAGE | YES |
MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) | |
This responds to the Office Action issued January 26, 2019, wherein the Examining Attorney requests a substitute specimen of use for the Applicant's goods in Class 10, stating that the specimen submitted with the application was mere advertising. Applicant respectfully submits that the advertising material included photographs of the products bearing the mark. However, in order to provide a better specimen, Applicant submits herewith a page from its online store clearly displaying the mark used on a product. | |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 010 |
DESCRIPTION | |
Medical and biomechanical apparatus and instruments, namely, measuring devices for tracking body motion, orientation and position for use in medical diagnostics and medical treatment; motion angle and posture measurement devices for tracking body motion, orientation, angle and position for use in medical diagnostics and medical treatment; displacement measurement devices, and measurement devices and systems for motion tracking, orientation, angle and posture measurement, namely, force and motion testing apparatus for physical training and rehabilitation | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 00/00/2003 |
FIRST USE IN COMMERCE DATE | At least as early as 00/00/2003 |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 010 |
TRACKED TEXT DESCRIPTION | |
Medical and biomechanical apparatus and instruments, namely, measuring devices for tracking body motion, orientation
and position for use in medical diagnostics and medical treatment; |
|
FINAL DESCRIPTION | |
Medical and biomechanical apparatus and instruments, namely, measuring devices for tracking body motion, orientation and position for use in medical diagnostics and medical treatment; medical and biomechanical apparatus and instruments, namely, motion angle and posture measurement devices for tracking body motion, orientation, angle and position for use in medical diagnostics and medical treatment; medical and biomechanical apparatus and instruments, namely, displacement measurement devices, and measurement devices and systems for motion tracking, orientation, angle and posture measurement, namely, force and motion testing apparatus for physical training and rehabilitation | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 00/00/2003 |
FIRST USE IN COMMERCE DATE | At least as early as 00/00/2003 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) | |
ORIGINAL PDF FILE | SPU0-479162194-20190412161652919646_._XSENS_-CL_10.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\889\750\88975036\xml3\ROA0002.JPG |
SPECIMEN DESCRIPTION | printouts from Applicant's online store showing the mark used on the product |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /ms/ |
SIGNATORY'S NAME | Marsha Stolt |
SIGNATORY'S POSITION | Attorney of Record, Minnesota bar member |
SIGNATORY'S PHONE NUMBER | 612-877-5443 |
DATE SIGNED | 04/12/2019 |
RESPONSE SIGNATURE | /ms/ |
SIGNATORY'S NAME | Marsha Stolt |
SIGNATORY'S POSITION | Attorney of Record, Minnesota bar member |
SIGNATORY'S PHONE NUMBER | 612-877-5443 |
DATE SIGNED | 04/12/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Fri Apr 12 16:26:41 EDT 2019 |
TEAS STAMP | USPTO/ROA-X.XX.XXX.XXX-20 190412162641856655-889750 36-6202db515c7723ecaee9dc 7263e4bab4e1bd766c969f10d b1ac98d14113d0-N/A-N/A-20 190412161652919646 |
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) |
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.