TEAS Response to Suspension Inquiry

PTO- 1822

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- 1822

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 Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 90046134 ASUS (Stylized and/or with Design, see http://uspto.report/TM/90046134/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Taiwan registration number 02137735 registered 05/01/2021, with a renewal date of __________ and an expiration date of 04/30/2031, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_19824618949-110007339_ ._ASUS_Design_TW_REG_CERT.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FR_19824618949-110007339_ ._ASUS_Design_EN_TRANS.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical apparatus and instruments for monitoring vital signs, blood properties and respiratory events; Medical apparatus and instruments for monitoring, detecting, and analyzing blood pressure; Medical apparatus and instruments for monitoring, detecting, and analyzing vital signs, namely, SPO2 (peripheral capillary oxygen saturation); Medical apparatus and instruments for electrocardiography monitoring, detection, and analysis; Medical apparatus and instruments for ultrasound image monitoring, detection, and analysis; Medical instruments and apparatuses, namely, electroencephalographs, peak flow meters, spirometers, pulse oximeters, pulse rate monitors, electrodes for medical use, blood oxygen monitors, lancets, cardiac monitors, cardiac monitoring oscilloscopes, heart sound amplifiers, electrocardiograph artifact filters, digital pulse amplifiers, and low frequency electric therapy apparatus; medical imaging apparatus; Medical instruments and apparatuses for diabetes monitoring; Medical instruments and apparatuses for monitoring blood oxygenation, temperature, heart rate, respiration, and other vital signs data; Medical apparatus and instruments, namely, devices for recording and analyzing electroencephalographic (EEG), electromyographic (EMG), and evoked potential (EP) readings; Apparatus for use in medical analysis, namely, body composition analyzers; Apparatus for use in medical analysis, namely, hematology analyzers for medical diagnostic use; Apparatus for use in medical analysis, namely, medical apparatus and instruments for monitoring blood and bodily fluids; Testing apparatus for medical purposes, namely, portable medical devices for measuring the physiological parameters and for monitoring the physiological function of the wearer of the device; Testing apparatus for medical purposes, namely, blood testing apparatus and vascular testing apparatus in the nature of medical instruments to measure blood pressure, cardiac output and other cardiovascular parameters; Diagnostic apparatus for medical purposes, namely, blood pressure monitors, electrocardiography monitors, and SPO2 (peripheral capillary oxygen saturation) monitors; Diagnostic apparatus for medical purposes, namely, health monitoring devices consisting of heart rate monitors, skin temperature monitors, and pedometers; Diagnostic apparatus for medical purposes for analyzing and measuring respiratory activity and blood pressure consisting of pedometers, respiratory monitors and aneroid gauges; Medical diagnostic apparatus, analytical apparatus for medical purposes and blood pressure measuring apparatus; Dental apparatus, namely, 3D dental scanner, ultrasound dental imaging apparatus, intra-oral dental light system, dental intra-oral camera and component parts therefor; Dental apparatus, namely, intra-oral light systems, intra-oral scanners; Pulse meters; Body fat monitors; Body fat analyzers for medical purposes; Body composition monitors; Glucometers; Electrocardiographs; Heart rate monitoring apparatus; Ultrasonic diagnostic instruments for medical use; Tomographs for medical purposes; Scanners for medical diagnosis, namely, 3D scanner for human body, ultrasound imaging scanners; Thermometers for medical purposes; Sphygmomanometers; Stethoscopes; Bracelets for medical purposes
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Taiwan application number 109046632 filed 07/10/2020]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 010 for Medical apparatus and instruments for monitoring vital signs, blood properties and respiratory events; Medical apparatus and instruments for monitoring, detecting, and analyzing blood pressure; Medical apparatus and instruments for monitoring, detecting, and analyzing vital signs, namely, SPO2 (peripheral capillary oxygen saturation); Medical apparatus and instruments for electrocardiography monitoring, detection, and analysis; Medical apparatus and instruments for ultrasound image monitoring, detection, and analysis; Medical instruments and apparatuses, namely, electroencephalographs, peak flow meters, spirometers, pulse oximeters, pulse rate monitors, electrodes for medical use, blood oxygen monitors, lancets, cardiac monitors, cardiac monitoring oscilloscopes, heart sound amplifiers, electrocardiograph artifact filters, digital pulse amplifiers, and low frequency electric therapy apparatus; medical imaging apparatus; Medical instruments and apparatuses for diabetes monitoring; Medical instruments and apparatuses for monitoring blood oxygenation, temperature, heart rate, respiration, and other vital signs data; Medical apparatus and instruments, namely, devices for recording and analyzing electroencephalographic (EEG), electromyographic (EMG), and evoked potential (EP) readings; Apparatus for use in medical analysis, namely, body composition analyzers; Apparatus for use in medical analysis, namely, hematology analyzers for medical diagnostic use; Apparatus for use in medical analysis, namely, medical apparatus and instruments for monitoring blood and bodily fluids; Testing apparatus for medical purposes, namely, portable medical devices for measuring the physiological parameters and for monitoring the physiological function of the wearer of the device; Testing apparatus for medical purposes, namely, blood testing apparatus and vascular testing apparatus in the nature of medical instruments to measure blood pressure, cardiac output and other cardiovascular parameters; Diagnostic apparatus for medical purposes, namely, blood pressure monitors, electrocardiography monitors, and SPO2 (peripheral capillary oxygen saturation) monitors; Diagnostic apparatus for medical purposes, namely, health monitoring devices consisting of heart rate monitors, skin temperature monitors, and pedometers; Diagnostic apparatus for medical purposes for analyzing and measuring respiratory activity and blood pressure consisting of pedometers, respiratory monitors and aneroid gauges; Medical diagnostic apparatus, analytical apparatus for medical purposes and blood pressure measuring apparatus; Dental apparatus, namely, 3D dental scanner, ultrasound dental imaging apparatus, intra-oral dental light system, dental intra-oral camera and component parts therefor; Dental apparatus, namely, intra-oral light systems, intra-oral scanners; Pulse meters; Body fat monitors; Body fat analyzers for medical purposes; Body composition monitors; Glucometers; Electrocardiographs; Heart rate monitoring apparatus; Ultrasonic diagnostic instruments for medical use; Tomographs for medical purposes; Scanners for medical diagnosis, namely, 3D scanner for human body, ultrasound imaging scanners; Thermometers for medical purposes; Sphygmomanometers; Stethoscopes; Bracelets for medical purposes
Deleted Filing Basis: 1(b)
Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Taiwan application number 109046632 filed 07/10/2020]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Taiwan registration number 02137735 registered 05/01/2021 with a renewal date of __________ and an expiration date of 04/30/2031 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-19824618949-11000733 9_._ASUS_Design_TW_REG_CE RT.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FRU0-19824618949-11000733 9_._ASUS_Design_EN_TRANS.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1

Correspondence Information (current):
      Charles P. Guarino
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@mtiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cguarino@mtiplaw.com
Correspondence Information (proposed):
      Charles P. Guarino
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@mtiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cguarino@mtiplaw.com

The docket/reference number is TLCNT15664.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Declaration Signature

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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; 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: for a trademark or service mark application, the applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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.

Signature: /Charles P. Guarino/    Date: 06/04/2021
Signatory's Name: Charles P. Guarino
Signatory's Position: Attorney for Applicant, NJ Bar Member, Associate of Moser Taboada
Signatory's Phone Number: 7329357100
Signature method: Sent to third party for signature

Response Suspension Inquiry Signature
Signature: /Charles P Guarino/     Date: 06/04/2021
Signatory's Name: Charles P Guarino
Signatory's Position: Attorney of record, New Jersey bar member
Signatory's Phone Number: 732-945-9498
Signature method: Sent to third party for signature

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:    Charles P. Guarino
   MOSER TABOADA
   
   1030 BROAD STREET - SUITE 203
   SHREWSBURY, New Jersey
Mailing Address:    Charles P. Guarino
   MOSER TABOADA
   1030 BROAD STREET - SUITE 203
   SHREWSBURY, New Jersey 07702
        
Serial Number: 90046134
Internet Transmission Date: Fri Jun 04 11:36:12 ET 2021
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.XX-202106041136125
30825-90046134-780b55ae456b8e83f59befec3
a46be646017f967d3f1761f982c14f1a36928912
-N/A-N/A-20210604110007339751