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. 90207218 TANDEM MOBI(Standard Characters, see http://uspto.report/TM/90207218/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Recorded and downloadable software and hardware for use in managing diabetes; recorded and downloadable software and hardware for linking medical instruments and devices
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: Recorded and downloadable software and hardware for use in managing diabetes; recorded and downloadable software and hardware for linking medical instruments and devices; electronic controllers for infusion and injection devicesClass 009 for Recorded and downloadable software and hardware for use in managing diabetes; recorded and downloadable software and hardware for linking medical instruments and devices; electronic controllers for infusion and injection devices
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


Applicant proposes to amend the following:

Current:
Class 010 for Medical devices, namely, drug delivery systems; infusion and injection devices for administering drugs and other medicaments; infusion and injection device controllers; parts and fittings for the aforesaid goods
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 devices, namely, drug delivery systems; Medical devices, namely, infusion and injection devices for administering drugs and other medicaments; infusion and injection devices for administering drugs and other medicaments; replacement parts for the aforesaid goods; infusion and injection device controllers; parts and fittings for the aforesaid goodsClass 010 for Medical devices, namely, infusion and injection devices for administering drugs and other medicaments; replacement parts for the aforesaid goods
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):
      LOUIS K. EBLING
      PRIMARY EMAIL FOR CORRESPONDENCE: IPdocket@thompsonhine.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dawn.schneider@thompsonhine.com; louis.ebling@thompsonhine.com

The docket/reference number is 77315.128.
Correspondence Information (proposed):
      Louis K. Ebling
      PRIMARY EMAIL FOR CORRESPONDENCE: IPdocket@thompsonhine.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dawn.schneider@thompsonhine.com; louis.ebling@thompsonhine.com

The docket/reference number is 77315.128.

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: /Louis Ebling/     Date: 05/07/2021
Signatory's Name: Louis K. Ebling
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: (513) 352-6527 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:    LOUIS K. EBLING
   THOMPSON HINE LLP
   
   312 WALNUT STREET, SUITE 1400
   CINCINNATI, Ohio 45202
Mailing Address:    Louis K. Ebling
   THOMPSON HINE LLP
   312 WALNUT STREET, SUITE 1400
   CINCINNATI, Ohio 45202
        
Serial Number: 90207218
Internet Transmission Date: Fri May 07 13:39:44 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20210507133944131
362-90207218-78052dd6b836317c3babb296ff1
67f662bb16a1e6ac229525d9d1a0b6c2698f5-N/
A-N/A-20210506113558666565