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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88013089 |
LAW OFFICE ASSIGNED |
LAW OFFICE 123 |
MARK SECTION |
MARK FILE NAME |
http://tmng-al.gov.uspto.report/resting2/api/img/88013089/large |
LITERAL ELEMENT |
R X + |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the letters R and X and a plus sign. |
EVIDENCE SECTION |
DESCRIPTION OF EVIDENCE FILE |
Applicant is submitting concurrently a Request to Divide. In particular, Applicant is requesting that Classes 9 and 42 be divided into a new
application and subsequently suspended pending disposition of the cited prior-filed application, and that Class 5 be divided into a separate application. The Section 2(d) refusal does not apply to
remaining Classes 5, 10, 41, and 44. Also, the response form incorrectly added the Section 44(d) filing basis to all classes of goods; the Section 44(d) basis for registration applies only to Class
5. At this time, Applicant intends to rely on Section 44(e) as a basis for registration, but also is retaining the Section 1(b) basis for registration. |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Pharmaceutical preparations; Reagent paper for medical purposes |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2017-169194 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
12/26/2017 |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Pharmaceutical preparations; Pharmaceutical preparations for the
treatment of type2 diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia,
ophthalmology, arrhythmia and bile duct; Reagent paper for medical purposes |
FINAL DESCRIPTION |
Pharmaceutical preparations for the treatment of type2 diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex
disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia, ophthalmology, arrhythmia and bile duct; Reagent paper for medical purposes |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2017-169194 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
12/26/2017 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
software for medical purposes, computer programs, telecommunication machines and apparatus, electronic machines, computer software for
medical examination and medical diagnostic |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2017-169194 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
12/26/2017 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
software for medical purposes, computer programs, telecommunication machines and apparatus, electronic
machines, computer software for medical examination and medical diagnostic; Downloadable medical software for processing and displaying images on ultrasound
medical imaging machines, downloadable computer software for controlling and managing patient medical information, downloadable medical software for processing and displaying affected part images on
medical resonance imaging machines (MRIs), downloadable software for medical imaging equipment, namely, for interpreting the results of CT scanners, downloadable computer programs for use in the
operation of medical ultrasound detectors, computer software for medical examination for the treatment of type2 diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex
disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia, ophthalmology, arrhythmia and bile duct and for conducting medical diagnostic testing |
FINAL DESCRIPTION |
Downloadable medical software for processing and displaying images on ultrasound medical imaging machines, downloadable computer
software for controlling and managing patient medical information, downloadable medical software for processing and displaying affected part images on medical resonance imaging machines (MRIs),
downloadable software for medical imaging equipment, namely, for interpreting the results of CT scanners, downloadable computer programs for use in the operation of medical ultrasound detectors,
computer software for medical examination for the treatment of type2 diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer,
cognitive impairment associated with schizophrenia, ophthalmology, arrhythmia and bile duct and for conducting medical diagnostic testing |
FILING BASIS |
Section 1(b) |
DELETED FILING BASIS |
44(d) |
GOODS AND/OR SERVICES SECTION (010)(current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
medical apparatus |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2017-169194 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
12/26/2017 |
GOODS AND/OR SERVICES SECTION (010)(proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
medical apparatus; Medical apparatus for detecting and treating for
the treatment of type2 diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with
schizophrenia, ophthalmology, arrhythmia and bile duct and diagnostic imaging |
FINAL DESCRIPTION |
Medical apparatus for detecting and treating for the treatment of type2 diabetes mellitus, metabolic syndrome, bladder disorder,
gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia, ophthalmology, arrhythmia and bile duct and diagnostic imaging |
FILING BASIS |
Section 1(b) |
DELETED FILING BASIS |
44(d) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
dosage management instruction, Providing computer games, therapeutic exercise instruction, sports club services |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2017-169194 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
12/26/2017 |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
dosage management instruction, Providing computer games, therapeutic exercise instruction, sports club
services; Instruction in the field of dosage management; entertainment services, namely, providing online computer
games; providing therapeutic exercise instruction; sports club services, namely, physical fitness instruction |
FINAL DESCRIPTION |
Instruction in the field of dosage management; entertainment services, namely, providing online computer games; providing therapeutic
exercise instruction; sports club services, namely, physical fitness instruction |
FILING BASIS |
Section 1(b) |
DELETED FILING BASIS |
44(d) |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
providing programs; research and development services; providing information in the field of clinical trials |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2017-169194 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
12/26/2017 |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
providing programs; Providing temporary use of on-line
non-downloadable computer programs for the treatment of type2 diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer, cognitive
impairment associated with schizophrenia, ophthalmology, arrhythmia and bile duct, research and development services in the field of scientific or medical field, providing scientific research
information in the field of clinical trials; research and development services; providing information in the field of
clinical trials |
FINAL DESCRIPTION |
Providing temporary use of on-line non-downloadable computer programs for the treatment of type2 diabetes mellitus, metabolic syndrome,
bladder disorder, gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia, ophthalmology, arrhythmia and bile duct, research and
development services in the field of scientific or medical field, providing scientific research information in the field of clinical trials |
FILING BASIS |
Section 1(b) |
DELETED FILING BASIS |
44(d) |
GOODS AND/OR SERVICES SECTION (044)(current) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
medical services, medical diagnostic services, surgery support services |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2017-169194 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
12/26/2017 |
GOODS AND/OR SERVICES SECTION (044)(proposed) |
INTERNATIONAL CLASS |
044 |
TRACKED TEXT DESCRIPTION |
medical services, medical diagnostic services, surgery support services; Medical services, medical diagnostic testing services, surgery support services in the nature of type2 diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex disease,
fecal incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia, ophthalmology, arrhythmia and bile duct |
FINAL DESCRIPTION |
Medical services, medical diagnostic testing services, surgery support services in the nature of type2 diabetes mellitus, metabolic
syndrome, bladder disorder, gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia, ophthalmology, arrhythmia and bile duct |
FILING BASIS |
Section 1(b) |
DELETED FILING BASIS |
44(d) |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use RX apart from the mark as shown. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/KathleenGallagher-Duff/ |
SIGNATORY'S NAME |
Kathleen Gallagher-Duff |
SIGNATORY'S POSITION |
Attorney of record, DC bar member |
DATE SIGNED |
04/22/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Apr 22 14:04:53 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XXX
-20190422140453938180-880
13089-620abf98d6649a71a8b
06d93172c7d74b09a916a20d2
a843c79b4f9db345d86a30-N/
A-N/A-2019042213201007787
6 |
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.
88013089 R X + (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88013089/large) has been amended as follows:
EVIDENCE
Evidence in the nature of Applicant is submitting concurrently a Request to Divide. In particular, Applicant is requesting that Classes 9 and 42 be divided into a new application and subsequently
suspended pending disposition of the cited prior-filed application, and that Class 5 be divided into a separate application. The Section 2(d) refusal does not apply to remaining Classes 5, 10, 41,
and 44. Also, the response form incorrectly added the Section 44(d) filing basis to all classes of goods; the Section 44(d) basis for registration applies only to Class 5. At this time, Applicant
intends to rely on Section 44(e) as a basis for registration, but also is retaining the Section 1(b) basis for registration. has been attached.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceutical preparations; Reagent paper for medical purposes
Original Filing Basis:
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2017-169194 filed 12/26/2017]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Pharmaceutical preparations;
Pharmaceutical preparations for the treatment of type2 diabetes
mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia, ophthalmology, arrhythmia
and bile duct;
Reagent paper for medical purposesClass 005 for Pharmaceutical preparations for the treatment of type2 diabetes mellitus, metabolic syndrome, bladder
disorder, gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia, ophthalmology, arrhythmia and bile duct; Reagent paper for medical
purposes
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number 2017-169194 filed 12/26/2017]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for software for medical purposes, computer programs, telecommunication machines and apparatus, electronic machines, computer software for medical examination and medical
diagnostic
Original Filing Basis:
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2017-169194 filed 12/26/2017]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: software for medical purposes, computer programs, telecommunication machines and apparatus, electronic machines, computer software for
medical examination and medical diagnostic;
Downloadable medical software for processing and displaying images on ultrasound medical imaging machines,
downloadable computer software for controlling and managing patient medical information, downloadable medical software for processing and displaying affected part images on medical resonance imaging
machines (MRIs), downloadable software for medical imaging equipment, namely, for interpreting the results of CT scanners, downloadable computer programs for use in the operation of medical
ultrasound detectors, computer software for medical examination for the treatment of type2 diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex disease, fecal
incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia, ophthalmology, arrhythmia and bile duct and for conducting medical diagnostic testingClass 009 for
Downloadable medical software for processing and displaying images on ultrasound medical imaging machines, downloadable computer software for controlling and managing patient medical information,
downloadable medical software for processing and displaying affected part images on medical resonance imaging machines (MRIs), downloadable software for medical imaging equipment, namely, for
interpreting the results of CT scanners, downloadable computer programs for use in the operation of medical ultrasound detectors, computer software for medical examination for the treatment of type2
diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia, ophthalmology,
arrhythmia and bile duct and for conducting medical diagnostic testing
Deleted Filing Basis: 44(d)
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 class of goods/services in the application:
Current: Class 010 for medical apparatus
Original Filing Basis:
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2017-169194 filed 12/26/2017]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: medical apparatus;
Medical apparatus for detecting and treating for the treatment of type2
diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia, ophthalmology,
arrhythmia and bile duct and diagnostic imagingClass 010 for Medical apparatus for detecting and treating for the treatment of type2 diabetes mellitus, metabolic syndrome, bladder disorder,
gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia, ophthalmology, arrhythmia and bile duct and diagnostic imaging
Deleted Filing Basis: 44(d)
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 class of goods/services in the application:
Current: Class 041 for dosage management instruction, Providing computer games, therapeutic exercise instruction, sports club services
Original Filing Basis:
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2017-169194 filed 12/26/2017]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: dosage management instruction, Providing computer games, therapeutic exercise instruction, sports club services;
Instruction in the field of dosage management;
entertainment services, namely, providing online computer games;
providing therapeutic exercise instruction;
sports club services, namely, physical fitness instructionClass 041 for Instruction in the field
of dosage management; entertainment services, namely, providing online computer games; providing therapeutic exercise instruction; sports club services, namely, physical fitness instruction
Deleted Filing Basis: 44(d)
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 class of goods/services in the application:
Current: Class 042 for providing programs; research and development services; providing information in the field of clinical trials
Original Filing Basis:
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2017-169194 filed 12/26/2017]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: providing programs;
Providing temporary use of on-line non-downloadable computer programs for the
treatment of type2 diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia,
ophthalmology, arrhythmia and bile duct, research and development services in the field of scientific or medical field, providing scientific research information in the field of clinical
trials;
research and development services;
providing information in the field of clinical trialsClass 042 for
Providing temporary use of on-line non-downloadable computer programs for the treatment of type2 diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex disease, fecal
incontinence, glaucoma, cancer, cognitive impairment associated with schizophrenia, ophthalmology, arrhythmia and bile duct, research and development services in the field of scientific or medical
field, providing scientific research information in the field of clinical trials
Deleted Filing Basis: 44(d)
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 class of goods/services in the application:
Current: Class 044 for medical services, medical diagnostic services, surgery support services
Original Filing Basis:
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2017-169194 filed 12/26/2017]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: medical services, medical diagnostic services, surgery support services;
Medical services, medical
diagnostic testing services, surgery support services in the nature of type2 diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex disease, fecal incontinence, glaucoma,
cancer, cognitive impairment associated with schizophrenia, ophthalmology, arrhythmia and bile ductClass 044 for Medical services, medical diagnostic testing services, surgery support services
in the nature of type2 diabetes mellitus, metabolic syndrome, bladder disorder, gastroesophageal reflex disease, fecal incontinence, glaucoma, cancer, cognitive impairment associated with
schizophrenia, ophthalmology, arrhythmia and bile duct
Deleted Filing Basis: 44(d)
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.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use RX apart from the mark as shown.
SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the
Trademark Rules of Practice.
Response Signature
Signature: /KathleenGallagher-Duff/ Date: 04/22/2019
Signatory's Name: Kathleen Gallagher-Duff
Signatory's Position: Attorney of record, DC bar member
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 88013089
Internet Transmission Date: Mon Apr 22 14:04:53 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190422140453
938180-88013089-620abf98d6649a71a8b06d93
172c7d74b09a916a20d2a843c79b4f9db345d86a
30-N/A-N/A-20190422132010077876