| 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.
| 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.
90379477 NATURAL CYCLES (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9037947 7/large) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 009 for Kits comprising computer software that informs the user whether pregnancy is likely if sexual intercourse takes place without contraception, together with thermometers whose function is
to provide data to the aforesaid software
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: Kits comprising computer software that informs the user whether pregnancy is likely if sexual intercourse takes place without
contraception, together with thermometers whose function is to provide data to the aforesaid software;
Kits comprising downloadable computer software that informs
the user whether pregnancy is likely if sexual intercourse takes place without contraception, together with thermometers whose function is to provide data to the aforesaid softwareClass 009 for
Kits comprising downloadable computer software that informs the user whether pregnancy is likely if sexual intercourse takes place without contraception, together with thermometers whose function is
to provide data to the aforesaid software
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 that reduce the likelihood of conception by monitoring ovulation; thermometers for medical use and medical purposes; fertility monitors; thermometers for measuring body
temperature relating to ovulation and fertility; contraceptive devices that reduce the likelihood of conception by monitoring ovulation; non-chemical contraceptives; contraception apparatus
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 that reduce the likelihood of conception by monitoring ovulation;
thermometers for medical use and medical
purposes;
fertility monitors;
thermometers for measuring body temperature relating to ovulation and fertility;
contraceptive devices that reduce the likelihood of conception by monitoring ovulation;
non-chemical contraceptives;
contraception apparatusClass 010 for Medical devices that reduce the likelihood of conception by monitoring ovulation; thermometers for medical use and medical purposes; fertility
monitors; thermometers for measuring body temperature relating to ovulation and fertility; contraceptive devices that reduce the likelihood of conception by monitoring ovulation; contraception
apparatus
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 042 for Medical and pharmacological research services; implementation of software; provision of on-line support services for computer program users; rental of software; advice, consultancy and
information relating to the aforesaid services
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 and pharmacological research services;
implementation of software;
provision of on-line support services for computer program users;
technical support services, namely, troubleshooting of computer software problems
through provision of on-line support services for computer program users;
rental of software;
advice, consultancy and information relating to the
aforesaid servicesClass 042 for Medical and pharmacological research services; implementation of software; technical support services, namely, troubleshooting of computer software problems
through provision of on-line support services for computer program users; rental of software; advice, consultancy and information relating to the aforesaid services
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 Human healthcare services; medical services; informational services relating to human fertility; contraceptive consultancy; consultancy relating to contraception methods; and advice,
consultancy and information relating to the aforesaid services
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: Human healthcare services;
medical services;
informational services relating to
human fertility;
health and medical informational services relating to human fertility;
contraceptive consultancy;
contraceptive consultancy for health and medical purposes;
consultancy relating to contraception methods;
health and medical consultancy relating to contraception methods;
and advice, consultancy and information relating to the aforesaid
servicesClass 044 for Human healthcare services; medical services; health and medical informational services relating to human fertility; contraceptive consultancy for health and medical
purposes; health and medical consultancy relating to contraception methods; and advice, consultancy and information relating to the aforesaid services
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):
ROBERT A. BECKER
PRIMARY EMAIL FOR CORRESPONDENCE: becker-docket@fzlz.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is NATC 2012524.
Correspondence Information (proposed):
Robert A. Becker
PRIMARY EMAIL FOR CORRESPONDENCE: becker-docket@fzlz.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is NATC 2012524.
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: /RAB/ Date: 07/14/2021
Signatory's Name: Robert A. Becker
Signatory's Position: Attorney of Record, New York State Bar
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: ROBERT A. BECKER
FROSS ZELNICK LEHRMAN & ZISSU, P.C.
151 WEST 42ND ST., 17TH FL.
NEW YORK, New York 10036
Mailing Address: Robert A. Becker
FROSS ZELNICK LEHRMAN & ZISSU, P.C.
151 WEST 42ND ST., 17TH FL.
NEW YORK, New York 10036
Serial Number: 90379477
Internet Transmission Date: Thu Jul 15 11:39:11 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2021071511391172
8083-90379477-780cb2183e5383246855863abb
8efa374f7482722be4b5a12b543d4e7d6ad444-N
/A-N/A-20210714152010488026