Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90042313 INFINITY(Standard Characters, see http://uspto.report/TM/90042313/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: arguments against a likelihood of confusion refusal
Original PDF file:
evi_38122120154-202104231 30321435229_._C0760_NFOA_ Response_12436088.1_.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for medical and surgical products, namely, guides, instruments, pins, implants, drills, reamers, and accessories for use in Orthopedic knee surgery, reconstruction, repair, and preservation sold exclusively through an authorized sales force
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 and surgical products, namely, guides, instruments, pins, implants, drills, reamers, and accessories for use in Orthopedic knee surgery, reconstruction, repair, and preservation sold exclusively through an authorized sales force; Medical and surgical products and instruments, namely, drill guides, guide arms, guide sleeves, guide bodies, guide pins, implants consisting of artificial materials, drills, reamers, and accessories, namely, titanium alloy buttons for ligament reconstruction, suspensory graft fixation devices, locking suture, suture shuttles, tunnel dilators and instrument trays for use in Orthopedic knee surgery, reconstruction, repair, and preservation sold exclusively through an authorized sales force, excluding ankle prostheses and shoulder implantsClass 010 for Medical and surgical products and instruments, namely, drill guides, guide arms, guide sleeves, guide bodies, guide pins, implants consisting of artificial materials, drills, reamers, and accessories, namely, titanium alloy buttons for ligament reconstruction, suspensory graft fixation devices, locking suture, suture shuttles, tunnel dilators and instrument trays for use in Orthopedic knee surgery, reconstruction, repair, and preservation sold exclusively through an authorized sales force, excluding ankle prostheses and shoulder implants
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      ERIN S. PHILLIPS
      PRIMARY EMAIL FOR CORRESPONDENCE: bskpto@bsk.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is INFINITY.
Correspondence Information (proposed):
      Erin S. Phillips
      PRIMARY EMAIL FOR CORRESPONDENCE: bskpto@bsk.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is INFINITY.

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: /Erin S. Phillips/     Date: 04/23/2021
Signatory's Name: Erin S. Phillips
Signatory's Position: Associate Attorney, Bond, Schoeneck & King, NY Bar member.
Signature method: Signed directly within the form

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:    ERIN S. PHILLIPS
   BOND, SCHOENECK & KING PLLC
   
   ONE LINCOLN CENTER
   SYRACUSE, New York 13202
Mailing Address:    Erin S. Phillips
   BOND, SCHOENECK & KING PLLC
   ONE LINCOLN CENTER
   SYRACUSE, New York 13202
        
Serial Number: 90042313
Internet Transmission Date: Fri Apr 23 13:08:07 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202104231308076
98799-90042313-770ee9c19f4b3b751e7d44c16
9597f7c349e6c337c7173d4595d5679f6c9661a7
4-N/A-N/A-20210423130321435229