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 |
90539709 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
SPY-QP |
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 (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Computer software for medical imaging apparatus |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/00/2021 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/00/2021 |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018312465 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/23/2020 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Computer software for medical imaging apparatus; Downloadable
computer software for controlling, monitoring, managing, operating and optimizing medical imaging apparatus; recorded computer software for controlling,
monitoring, managing, operating and optimizing medical imaging apparatus |
FINAL DESCRIPTION |
Downloadable computer software for controlling, monitoring, managing, operating and optimizing medical imaging apparatus; recorded
computer software for controlling, monitoring, managing, operating and optimizing medical imaging apparatus |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/00/2021 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/00/2021 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPU0-64208103178-20220304 182738757825_._20220304-S
pecimen.pdf |
CONVERTED PDF FILE(S)
(11 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\905\397\90539709\xml4\ ROA0004.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\905\397\90539709\xml4\ ROA0005.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\905\397\90539709\xml4\ ROA0006.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\905\397\90539709\xml4\ ROA0007.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\905\397\90539709\xml4\ ROA0008.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\905\397\90539709\xml4\ ROA0009.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\905\397\90539709\xml4\ ROA0010.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\905\397\90539709\xml4\ ROA0011.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\905\397\90539709\xml4\ ROA0012.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\905\397\90539709\xml4\ ROA0013.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\905\397\90539709\xml4\ ROA0014.JPG |
SPECIMEN DESCRIPTION |
Manual for the SPY-QP software |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018312465 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
09/23/2020 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
018312465 |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
01/26/2021 |
FOREIGN EXPIRATION DATE |
09/23/2030 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-64208103178-18273875
7_._20210126-EUTM_Registr ation_Certificate-SPY-QP.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\905\397\90539709\xml4\ ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\905\397\90539709\xml4\ ROA0003.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
CORRESPONDENCE INFORMATION (current) |
NAME |
JOHN RISSMAN |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
novadaqip@stryker.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
anna.avakyan@stryker.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
John Rissman |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
novadaqip@stryker.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
anna.avakyan@stryker.com |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/John Rissman/ |
SIGNATORY'S NAME |
John Rissman |
SIGNATORY'S POSITION |
Attorney of Record, Massachusetts Bar Member |
SIGNATORY'S PHONE NUMBER |
12022570480 |
DATE SIGNED |
03/04/2022 |
SIGNATURE METHOD |
Sent to third party for signature |
RESPONSE SIGNATURE |
/John Rissman/ |
SIGNATORY'S NAME |
John Rissman |
SIGNATORY'S POSITION |
Attorney of Record, Massachusetts Bar Member |
SIGNATORY'S PHONE NUMBER |
12022570480 |
DATE SIGNED |
03/07/2022 |
ROLE OF AUTHORIZED SIGNATORY |
Authorized U.S.-Licensed Attorney |
SIGNATURE METHOD |
Sent to third party for signature |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Mar 07 09:49:53 ET 2022 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20220307094953941144-9053
9709-80059ae49b9d4c9e8fb9
e0308b5e89baead6446452b3c
3ea716a19f77335166e-N/A-N
/A-20220304182738757825 |
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.
90539709 SPY-QP(Standard Characters, see http://uspto.report/TM/90539709/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 009 for Computer software for medical imaging 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 01/00/2021 and first used in commerce at least as early as 01/00/2021 , and
is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018312465 filed 09/23/2020]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Computer software for medical imaging apparatus;
Downloadable computer software for controlling,
monitoring, managing, operating and optimizing medical imaging apparatus;
recorded computer software for controlling, monitoring, managing, operating and
optimizing medical imaging apparatusClass 009 for Downloadable computer software for controlling, monitoring, managing, operating and optimizing medical imaging apparatus; recorded computer
software for controlling, monitoring, managing, operating and optimizing medical imaging 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 01/00/2021 and first used in commerce at least as early as 01/00/2021 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of Manual for the SPY-QP software.
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-64208103178-20220304 182738757825_._20220304-S
pecimen.pdf
Converted PDF file(s) ( 11 pages)
Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6Specimen File7Specimen File8Specimen File9Specimen File10Specimen File11
Webpage URL: None Provided
Webpage Date of Access: None Provided
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018312465 filed
09/23/2020]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018312465
registered 01/26/2021 with a renewal date of __________ and an expiration date of 09/23/2030 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-64208103178-18273875
7_._20210126-EUTM_Registr ation_Certificate-SPY-QP.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1Foreign Registration-2
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Correspondence Information (current):
JOHN RISSMAN
PRIMARY EMAIL FOR CORRESPONDENCE: novadaqip@stryker.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): anna.avakyan@stryker.com
Correspondence Information (proposed):
John Rissman
PRIMARY EMAIL FOR CORRESPONDENCE: novadaqip@stryker.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): anna.avakyan@stryker.com
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)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /John Rissman/ Date: 03/04/2022
Signatory's Name: John Rissman
Signatory's Position: Attorney of Record, Massachusetts Bar Member
Signatory's Phone Number: 12022570480
Signature method: Sent to third party for signature
Response Signature
Signature: /John Rissman/ Date: 03/07/2022
Signatory's Name: John Rissman
Signatory's Position: Attorney of Record, Massachusetts Bar Member
Signatory's Phone Number: 12022570480 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: JOHN RISSMAN
STRYKER CORPORATION
2825 AIRVIEW BOULEVARD
KALAMAZOO, Michigan 49002
Mailing Address: John Rissman
STRYKER CORPORATION
2825 AIRVIEW BOULEVARD
KALAMAZOO, Michigan 49002
Serial Number: 90539709
Internet Transmission Date: Mon Mar 07 09:49:53 ET 2022
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202203070949539
41144-90539709-80059ae49b9d4c9e8fb9e0308
b5e89baead6446452b3c3ea716a19f77335166e-
N/A-N/A-20220304182738757825