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. 90118439 SUNRAY (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9011843 9/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Electrocardiographs; Apparatus for physical training for medical use; Body rehabilitation apparatus for medical purposes; Clinical thermometers; Electrocardiographic (ECG) recorders; Electrocardiographic (ECG) recorders and electrocardiographic (ECG) digital plasters sold as a unit; Electronic stimulation apparatus for nerves, skin, and muscles for physical therapy purposes; Enema apparatus; Enema apparatus for medical purposes; Face coverings being sanitary masks for protection against viral infection; Face covers being sanitary masks for protection against viral infection; Face masks for use by dental care providers; Face masks for use by health care providers; Manually-operated exercise equipment for physical therapy purposes; Medical apparatus and instruments for use in surgery; Personal protective equipment (PPE), namely, masks for use by medical personnel; Physical exercise apparatus, for medical purposes; Sanitary masks for medical purposes; Sanitary masks for medical wellness purposes; Sanitary masks for dust isolation for medical purposes; Sanitary masks for dust prevention for medical purposes; Sanitary masks for fungus isolation purposes; Sanitary masks for germ isolation purposes; Sanitary masks for pollen isolation purposes; Sanitary masks for virus isolation purposes; Surgical devices and instruments; Surgical masks; Syringes for medical purposes; Thermometers for medical purposes; Thermometers for medical use; Ultrasonic medical diagnostic apparatus; Ultrasonic therapy machines and apparatus; Disposable sanitary masks for protection against viral infection; Ear thermometers; Fever thermometers; Infrared thermometers for medical purposes; Surgical and medical apparatus and instruments for use in general surgery; Medical Analytical Equipment; Medical Measurement Equipment; Medical Diagnostic Equipment; Midwifery Equipment
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ China registration number 3547114 registered 12/21/2004 with a renewal date of 12/21/2014 and an expiration date of 12/21/2014 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Electrocardiographs; Apparatus for physical training for medical use; Body rehabilitation apparatus for medical purposes; Clinical thermometers; Electrocardiographic (ECG) recorders; Electrocardiographic (ECG) recorders and electrocardiographic (ECG) digital plasters sold as a unit; Electronic stimulation apparatus for nerves, skin, and muscles for physical therapy purposes; Enema apparatus; Enema apparatus for medical purposes; Face coverings being sanitary masks for protection against viral infection; Face covers being sanitary masks for protection against viral infection; Face masks for use by dental care providers; Face masks for use by health care providers; Manually-operated exercise equipment for physical therapy purposes; Medical apparatus and instruments for use in surgery; Personal protective equipment (PPE), namely, masks for use by medical personnel; Physical exercise apparatus, for medical purposes; Sanitary masks for medical purposes; Sanitary masks for medical wellness purposes; Sanitary masks for dust isolation for medical purposes; Sanitary masks for dust prevention for medical purposes; Sanitary masks for fungus isolation purposes; Sanitary masks for germ isolation purposes; Sanitary masks for pollen isolation purposes; Sanitary masks for virus isolation purposes; Surgical devices and instruments; Surgical masks; Syringes for medical purposes; Thermometers for medical purposes; Thermometers for medical use; Ultrasonic medical diagnostic apparatus; Ultrasonic therapy machines and apparatus; Disposable sanitary masks for protection against viral infection; Ear thermometers; Fever thermometers; Infrared thermometers for medical purposes; Surgical and medical apparatus and instruments for use in general surgery; Medical Analytical Equipment; Medical Diagnostic Equipment, namely, fetal and maternal vital sign and physical distress monitors, fetal pulse monitors, fetal heartbeat monitors, medical ultrasound apparatus, ultrasound diagnostic apparatus, colposcope; Medical Measurement Equipment; Midwifery Equipment, namely, medical apparatus for monitoring vital signs of patients, medical devices for monitoring blood properties and respiratory events, medical devices for monitoring blood oxygen saturation, blood gas concentrations, vital signs and respiratory events, and downloadable software for recording, processing and transmitting medical data, for use therewith, sold as a unit; Medical Diagnostic Equipment; Midwifery EquipmentClass 010 for Electrocardiographs; Apparatus for physical training for medical use; Body rehabilitation apparatus for medical purposes; Clinical thermometers; Electrocardiographic (ECG) recorders; Electrocardiographic (ECG) recorders and electrocardiographic (ECG) digital plasters sold as a unit; Electronic stimulation apparatus for nerves, skin, and muscles for physical therapy purposes; Enema apparatus; Enema apparatus for medical purposes; Face coverings being sanitary masks for protection against viral infection; Face covers being sanitary masks for protection against viral infection; Face masks for use by dental care providers; Face masks for use by health care providers; Manually-operated exercise equipment for physical therapy purposes; Medical apparatus and instruments for use in surgery; Personal protective equipment (PPE), namely, masks for use by medical personnel; Physical exercise apparatus, for medical purposes; Sanitary masks for medical purposes; Sanitary masks for medical wellness purposes; Sanitary masks for dust isolation for medical purposes; Sanitary masks for dust prevention for medical purposes; Sanitary masks for fungus isolation purposes; Sanitary masks for germ isolation purposes; Sanitary masks for pollen isolation purposes; Sanitary masks for virus isolation purposes; Surgical devices and instruments; Surgical masks; Syringes for medical purposes; Thermometers for medical purposes; Thermometers for medical use; Ultrasonic medical diagnostic apparatus; Ultrasonic therapy machines and apparatus; Disposable sanitary masks for protection against viral infection; Ear thermometers; Fever thermometers; Infrared thermometers for medical purposes; Surgical and medical apparatus and instruments for use in general surgery; Medical Diagnostic Equipment, namely, fetal and maternal vital sign and physical distress monitors, fetal pulse monitors, fetal heartbeat monitors, medical ultrasound apparatus, ultrasound diagnostic apparatus, colposcope; Midwifery Equipment, namely, medical apparatus for monitoring vital signs of patients, medical devices for monitoring blood properties and respiratory events, medical devices for monitoring blood oxygen saturation, blood gas concentrations, vital signs and respiratory events, and downloadable software for recording, processing and transmitting medical data, for use therewith, sold as a unit
Deleted Filing Basis: 1(b)
Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ China registration number 3547114 registered 12/21/2004 with a renewal date of 12/21/2014 and an expiration date of 12/21/2014 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Correspondence Information (current):
      JINGFENG SONG
      PRIMARY EMAIL FOR CORRESPONDENCE: scinovallc@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Jingfeng Song
      PRIMARY EMAIL FOR CORRESPONDENCE: scinovallc@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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)
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 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.

Signature: /Jingfeng Song/      Date: 01/18/2021
Signatory's Name: JINGFENG SONG
Signatory's Position: Attorney of record
Signatory's Phone Number: 2246199822

Signature method: Signed directly within the form

Response Signature
Signature: /Jingfeng Song/     Date: 01/18/2021
Signatory's Name: JINGFENG SONG
Signatory's Position: Attorney of record

Signatory's Phone Number: 2246199822 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:    JINGFENG SONG
   
   
   840 S NORTHWEST HWY STE 204
   BARRINGTON, Illinois 60010
Mailing Address:    Jingfeng Song
   840 S NORTHWEST HWY STE 204
   BARRINGTON, Illinois 60010
        
Serial Number: 90118439
Internet Transmission Date: Mon Jan 18 13:13:45 ET 2021
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20210118131345574276-90118439-7
605661705c48b2f041b62990da85d78b3aea6dd2
765bd37f2ef25eec8f4b2c81-N/A-N/A-2021011
8122727067599