Response to Office Action

AMVIA SKY

BIOTRONIK SE & Co. KG

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

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90372881
LAW OFFICE ASSIGNED LAW OFFICE 116
MARK SECTION
MARK mark
LITERAL ELEMENT AMVIA SKY
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (010) (current)
INTERNATIONAL CLASS 010
DESCRIPTION
Electronic devices for electrostimulation of tissue and nerves, namely, external or implantable cardiac stimulators; testing apparatus for heart pacemakers
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (010) (proposed)
INTERNATIONAL CLASS 010
TRACKED TEXT DESCRIPTION
Electronic devices for electrostimulation of tissue and nerves, namely, external or implantable cardiac stimulators; testing apparatus for heart pacemakers; testing apparatus for heart pacemakers, namely, medical instruments for recording heart activity
FINAL DESCRIPTION
Electronic devices for electrostimulation of tissue and nerves, namely, external or implantable cardiac stimulators; testing apparatus for heart pacemakers, namely, medical instruments for recording heart activity
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (044) (current)
INTERNATIONAL CLASS 044
DESCRIPTION
Medical services, namely, remote monitoring and preparation of bodily function-related, namely, neurological, circulatory system data and cardiology data for medical treatments and diagnosis, namely, telemetric and direct reporting of patient data and implant-related data for diagnostic and therapeutic purposes; performing medical and clinical analyses in the vascular and cardiovascular field; medical services in relation to treatment of vascular and cardiovascular disorders, directed to professional users, in particular to doctors
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (044) (proposed)
INTERNATIONAL CLASS 044
TRACKED TEXT DESCRIPTION
Medical services, namely, remote monitoring and preparation of bodily function-related, namely, neurological, circulatory system data and cardiology data for medical treatments and diagnosis, namely, telemetric and direct reporting of patient data and implant-related data for diagnostic and therapeutic purposes; Medical services, namely, remote monitoring and preparation of bodily function-related data, namely, neurological, circulatory system data and cardiology data for medical treatments and diagnosis, namely, telemetric and direct reporting of patient data and implant-related data for diagnostic and therapeutic purposes; performing medical and clinical analyses in the vascular and cardiovascular field; medical services in relation to treatment of vascular and cardiovascular disorders, directed to professional users, in particular to doctors
FINAL DESCRIPTION
Medical services, namely, remote monitoring and preparation of bodily function-related data, namely, neurological, circulatory system data and cardiology data for medical treatments and diagnosis, namely, telemetric and direct reporting of patient data and implant-related data for diagnostic and therapeutic purposes; performing medical and clinical analyses in the vascular and cardiovascular field; medical services in relation to treatment of vascular and cardiovascular disorders, directed to professional users, in particular to doctors
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
CORRESPONDENCE INFORMATION (current)
NAME ANNE E. NAFFZIGER
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademark@leydig.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER 513334
CORRESPONDENCE INFORMATION (proposed)
NAME Anne E. Naffziger
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademark@leydig.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) anaffziger@leydig.com
DOCKET/REFERENCE NUMBER 513334
SIGNATURE SECTION
RESPONSE SIGNATURE /Stella M. B. Ferraro/
SIGNATORY'S NAME Stella M. B. Ferraro
SIGNATORY'S POSITION Associate Attorney, Leydig, Voit & Mayer, Ltd., IL bar member
SIGNATORY'S PHONE NUMBER 312-616-5600
DATE SIGNED 05/17/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Mon May 17 12:54:01 ET 2021
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0210517125401903687-90372
881-7802cc46bacf2776ae3fe
13356caa947a52d2444f67b3a
775a795b236dba13c64-N/A-N
/A-20210517123024105949



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. 90372881 AMVIA SKY(Standard Characters, see http://uspto.report/TM/90372881/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Electronic devices for electrostimulation of tissue and nerves, namely, external or implantable cardiac stimulators; testing apparatus for heart pacemakers
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: Electronic devices for electrostimulation of tissue and nerves, namely, external or implantable cardiac stimulators; testing apparatus for heart pacemakers; testing apparatus for heart pacemakers, namely, medical instruments for recording heart activityClass 010 for Electronic devices for electrostimulation of tissue and nerves, namely, external or implantable cardiac stimulators; testing apparatus for heart pacemakers, namely, medical instruments for recording heart activity
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 044 for Medical services, namely, remote monitoring and preparation of bodily function-related, namely, neurological, circulatory system data and cardiology data for medical treatments and diagnosis, namely, telemetric and direct reporting of patient data and implant-related data for diagnostic and therapeutic purposes; performing medical and clinical analyses in the vascular and cardiovascular field; medical services in relation to treatment of vascular and cardiovascular disorders, directed to professional users, in particular to doctors
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 services, namely, remote monitoring and preparation of bodily function-related, namely, neurological, circulatory system data and cardiology data for medical treatments and diagnosis, namely, telemetric and direct reporting of patient data and implant-related data for diagnostic and therapeutic purposes; Medical services, namely, remote monitoring and preparation of bodily function-related data, namely, neurological, circulatory system data and cardiology data for medical treatments and diagnosis, namely, telemetric and direct reporting of patient data and implant-related data for diagnostic and therapeutic purposes; performing medical and clinical analyses in the vascular and cardiovascular field; medical services in relation to treatment of vascular and cardiovascular disorders, directed to professional users, in particular to doctorsClass 044 for Medical services, namely, remote monitoring and preparation of bodily function-related data, namely, neurological, circulatory system data and cardiology data for medical treatments and diagnosis, namely, telemetric and direct reporting of patient data and implant-related data for diagnostic and therapeutic purposes; performing medical and clinical analyses in the vascular and cardiovascular field; medical services in relation to treatment of vascular and cardiovascular disorders, directed to professional users, in particular to doctors
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):
      ANNE E. NAFFZIGER
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@leydig.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 513334.
Correspondence Information (proposed):
      Anne E. Naffziger
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@leydig.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): anaffziger@leydig.com

The docket/reference number is 513334.

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: /Stella M. B. Ferraro/     Date: 05/17/2021
Signatory's Name: Stella M. B. Ferraro
Signatory's Position: Associate Attorney, Leydig, Voit & Mayer, Ltd., IL bar member

Signatory's Phone Number: 312-616-5600 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:    ANNE E. NAFFZIGER
   LEYDIG, VOIT & MAYER, LTD.
   
   1981 N. BROADWAY, SUITE 375
   WALNUT CREEK, California 94596
Mailing Address:    Anne E. Naffziger
   LEYDIG, VOIT & MAYER, LTD.
   1981 N. BROADWAY, SUITE 375
   WALNUT CREEK, California 94596
        
Serial Number: 90372881
Internet Transmission Date: Mon May 17 12:54:01 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2021051712540190
3687-90372881-7802cc46bacf2776ae3fe13356
caa947a52d2444f67b3a775a795b236dba13c64-
N/A-N/A-20210517123024105949



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