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. 90510902 TV (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9051090 2/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable software for use in managing and viewing ophthalmic surgical videos and images; software for use in managing and viewing ophthalmic surgical videos and images, sold as a component of an ophthalmic surgical apparatus
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2004 and first used in commerce at least as early as 03/01/2004 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Downloadable software for use in managing and viewing ophthalmic surgical videos and images; software for use in managing and viewing ophthalmic surgical videos and images, sold as a component of an ophthalmic surgical apparatusClass 009 for Downloadable software for use in managing and viewing ophthalmic surgical videos and images
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2004 and first used in commerce at least as early as 03/01/2004 , and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Applicant proposes to amend the following:

Current:
Class 010 for Surgical instruments and apparatus for use in ophthalmic surgery
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2004 and first used in commerce at least as early as 03/01/2004 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Surgical instruments and apparatus for use in ophthalmic surgery; surgical instruments and apparatus for use in ophthalmic surgery utilizing preloaded software for use in managing and viewing ophthalmic surgical videos and images, sold as a component of said ophthalmic surgical apparatusClass 010 for Surgical instruments and apparatus for use in ophthalmic surgery; surgical instruments and apparatus for use in ophthalmic surgery utilizing preloaded software for use in managing and viewing ophthalmic surgical videos and images, sold as a component of said ophthalmic surgical apparatus
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2004 and first used in commerce at least as early as 03/01/2004 , and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a sphere containing a stylized letter "V" superimposed over a stylized letter "T" and a tear-drop shaped reflection in the upper part of the sphere.

The owner's/holder's current attorney information: Nancy Sabarra. Nancy Sabarra of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      151 WEST 42ND ST., 17TH FL.
      NEW YORK, New York 10036
      United States
The docket/reference number is ALCI 2102312.
      The phone number is 212-813-5900.
      The email address is Sabarra-Docket@fzlz.com
Correspondence Information (current):
      NANCY SABARRA
      PRIMARY EMAIL FOR CORRESPONDENCE: Sabarra-Docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is ALCI 2102312.
Correspondence Information (proposed):
      Nancy Sabarra
      PRIMARY EMAIL FOR CORRESPONDENCE: Sabarra-Docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is ALCI 2102312.

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: /NES/     Date: 02/04/2022
Signatory's Name: Nancy Sabarra
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 2128135900 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:    NANCY SABARRA
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   
   151 WEST 42ND ST., 17TH FL.
   NEW YORK, New York 10036
Mailing Address:    Nancy Sabarra
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   151 WEST 42ND ST., 17TH FL.
   NEW YORK, New York 10036
        
Serial Number: 90510902
Internet Transmission Date: Fri Feb 04 17:21:03 ET 2022
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2022020417210394
7403-90510902-80097effd76a1cc9ce3e6bd9d7
3438f1233af9c1a3d33379909c44863bcc69b929
-N/A-N/A-20220204163605667781