| 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 |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 90751710 |
| LAW OFFICE ASSIGNED | LAW OFFICE 105 |
| MARK SECTION | |
| MARK | mark |
| LITERAL ELEMENT | INSTINCT |
| 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. |
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | This is in Response to the Office Action dated March 2, 2023 in connection with the above-referenced application. Applicant filed an Appointment of Attorney with the PTO on May 10, 2023 providing the Attorney of Record's Bar Number and Email Address. Applicant believes that this filing fully addresses the issues raised in the Office Action and respectfully requests that the Examining Attorney approve the subject mark for publication. |
| ATTORNEY INFORMATION | |
| NAME | Sharon Mughal |
| ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
| YEAR OF ADMISSION | XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
| FIRM NAME | Medtronic |
| INTERNAL ADDRESS | IP Legal |
| STREET | 710 Medtronic Parkway Minneapolis, MN 55 |
| CITY | MINNEAPOLIS |
| STATE | Minnesota |
| POSTAL CODE | 55432 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| PHONE | 5082618137 |
| rs.trademarkstwo@medtronic.com | |
| DOCKET/REFERENCE NUMBER | T88968253US0 |
| CORRESPONDENCE INFORMATION | |
| NAME | Sharon Mughal |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | rs.trademarkstwo@medtronic.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | jennifer.m.venckus@medtronic.com |
| DOCKET/REFERENCE NUMBER | T88968253US0 |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Sharon Mughal/ |
| SIGNATORY'S NAME | Sharon Mughal |
| SIGNATORY'S POSITION | Attorney of Record, CA State Bar Member |
| DATE SIGNED | 05/23/2023 |
| SIGNATURE METHOD | Sent to third party for signature |
| RESPONSE SIGNATURE | /Sharon Mughal/ |
| SIGNATORY'S NAME | Sharon Mughal |
| SIGNATORY'S POSITION | Attorney Of Record, CA State Bar Member |
| DATE SIGNED | 05/23/2023 |
| ROLE OF AUTHORIZED SIGNATORY | Authorized U.S.-Licensed Attorney |
| SIGNATURE METHOD | Sent to third party for signature |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue May 23 13:08:54 ET 2023 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XX.XXX- 20230523130854208636-9075 1710-8502df528d3bf5c68ee8 6650d43b6b99ec579d9a5f3ef 11a3bdb11aa63e83ab38-N/A- N/A-20230522142357018579 |
| 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 |
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.