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. 88032151 RELIANT REHABILITATION (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88032151/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Examiner Nasserghodsi, We are in receipt of your partial refusal received on November 21, 2018 concerning IC 16 of trademark serial number 88/032,151. According to your refusal, we understand that you've taken the position that the goods classified under IC 16 do not appear to be independent goods in trade, and appear to be merely incidental to the applicant's services. We appreciate your position; however, we respectfully disagree. Although the materials submitted before your as evidence of use of the mark in IC 16 appear to consist of marketing materials, the materials have a strong and significant impact on the client's operation as the materials are distributed amongst public and various trade shows, conferences, trade shows and general business dealings. The goods are not merely incidental to the applicant's business, but in fact, play a substantial role in the acquisition of new business/clients and marketing efforts as a whole. We respectfully submit the enclosed additional specimens and examples of the applied for mark being used as discussed above to convey its significance and to overcome the refusal before us. We are confident the information provided is sufficient to overcome the refusal and will likewise place the present application in condition for allowance. Please contact our office with any questions or comments that you may have regarding the above. Thank you. Best regards, Gregory N. Brescia

EVIDENCE
Evidence in the nature of substitute specimens illustrating the applied-for-mark being used in connection with the applied-for-goods has been attached.
Original PDF file:
evi_7042184254-20190521153604076258_._Reliant-1.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_7042184254-20190521153604076258_._Reliant-2.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7042184254-20190521153604076258_._Reliant-3.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7042184254-20190521153604076258_._Reliant-4.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7042184254-20190521153604076258_._Reliant-5.pdf
Converted PDF file(s) ( 21 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21

SIGNATURE(S)
Response Signature
Signature: /gregory n. brescia/     Date: 05/21/2019
Signatory's Name: Gregory N. Brescia
Signatory's Position: Attorney of Record - NY Barred

Signatory's Phone Number: 9147772215

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: 88032151
Internet Transmission Date: Tue May 21 15:38:20 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019052115382063
5642-88032151-620a988596fded42b84242ecda
e37da893522ea2e2e2d83815ad14899ee8b5893-
N/A-N/A-20190521153604076258