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. 90227474 ESSENZ(Standard Characters, see http://uspto.report/TM/90227474/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Medical apparatus and instruments and their accessories; heart and lung machines; perfusion systems; perfusion data management systems, accessories and spare parts for the aforementioned articles
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 apparatus and instruments and their accessories; Medical apparatus and instruments for treating cardiovascular disease and their accessories in the nature of cardiac pacemakers, cardiac probes, cardiac electrodes, artificial cardiac valves, apparatus for cardiac defibrillation, cardiac event recorders, cardiac valves for surgical prostheses, medical apparatus to improve cardiac performance through aortic flow therapy, and catheters for use in cardiac ablation; heart and lung machines; heart and lung machines, namely, cardiopulmonary bypass machines for taking over the functions of the body's heart and lungs during open heart or traditional surgery; perfusion systems; perfusion systems comprised of power supply units, roller pumps and monitoring device for perfusion systems, and replacement parts for perfusion systems; perfusion data management systems, accessories and spare parts for the aforementioned articles; perfusion data management systems comprised of heart monitors, respiration monitors, computer hardware, and real-time perfusion charting software that generates, stores and manages a completely digital perfusion record, and replacement parts for heart monitors, respiration monitors, and related computer hardwareClass 010 for Medical apparatus and instruments for treating cardiovascular disease and their accessories in the nature of cardiac pacemakers, cardiac probes, cardiac electrodes, artificial cardiac valves, apparatus for cardiac defibrillation, cardiac event recorders, cardiac valves for surgical prostheses, medical apparatus to improve cardiac performance through aortic flow therapy, and catheters for use in cardiac ablation; heart and lung machines, namely, cardiopulmonary bypass machines for taking over the functions of the body's heart and lungs during open heart or traditional surgery; perfusion systems comprised of power supply units, roller pumps and monitoring device for perfusion systems, and replacement parts for perfusion systems; perfusion data management systems comprised of heart monitors, respiration monitors, computer hardware, and real-time perfusion charting software that generates, stores and manages a completely digital perfusion record, and replacement parts for heart monitors, respiration monitors, and related computer hardware
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


ADDITIONAL STATEMENTS
Translation
The English translation of ESSENZ in the mark is essence.

Correspondence Information (current):
      DANIELLE I. MATTESSICH
      PRIMARY EMAIL FOR CORRESPONDENCE: dockmpls@merchantgould.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dmattessich@merchantgould.com; crogers@merchantgould.com

The docket/reference number is 18357.134US1.
Correspondence Information (proposed):
      Danielle I. Mattessich
      PRIMARY EMAIL FOR CORRESPONDENCE: dockmpls@merchantgould.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dmattessich@merchantgould.com; aavery@merchantgould.com

The docket/reference number is 18357.134US1.

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: /daniellemattessich/     Date: 05/12/2021
Signatory's Name: Danielle I. Mattessich
Signatory's Position: Attorney for Applicant, MN Bar Member

Signatory's Phone Number: 612-336-4725 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:    DANIELLE I. MATTESSICH
   MERCHANT & GOULD P.C.
   
   P.O. BOX 2910
   MINNEAPOLIS, Minnesota 55402-0910
Mailing Address:    Danielle I. Mattessich
   MERCHANT & GOULD P.C.
   P.O. BOX 2910
   MINNEAPOLIS, Minnesota 55402-0910
        
Serial Number: 90227474
Internet Transmission Date: Thu May 13 09:43:19 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2021051309431915
7456-90227474-780be3a8c47b7eb465ca750606
fb3b739458daba6ea707b2acfd52089d99df9398
7-N/A-N/A-20210512154712585904