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. 90774441 HOUSE BRAND DENTISTRY(Standard Characters, see http://uspto.report/TM/90774441/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Applicant respectfully states that the mark is not descriptive of the goods and services and requests the withdrawal of the 2(e) refusal.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Full line of dental care products, dental tools, dental care preparations, dental materials, dental appliances, non-medicated dental preparations, medicated dental preparations, and dental instruments for human use; retail store services featuring the aforementioned goods; wholesale store services featuring the aforementioned goods; online store services featuring the aforementioned goods
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Full line of dental care products, dental tools, dental care preparations, dental materials, dental appliances, non-medicated dental preparations, medicated dental preparations, and dental instruments for human use; Full line of dental care products, namely, dental picks, dental inlays, dental onlays, dental mirrors, dental handpieces, dental dams, dental excavators, dental drills, dental broaches, dental burrs, dental bridges, dental gloves, dental burs, dental caps, dental crowns, dental syringes, endodontic container for holding dental drill, dental burrs and dental files, bite trays [dental], dental impression trays, dental foundation supports, dental bite trays, dental curing lights, dental drill bits, bibs for dental use, drills for dental applications, drills for dental use, dental intra-oral cameras, dental instruments, namely, dental root files used in root canal therapy procedures, dental instruments, namely, oral irrigators, intra-oral dental light system, prosthetic instruments for dental purposes, polymerisation apparatus for dental purposes, forceps for dental technical purposes, dental apparatus, namely, apex locator, dental instruments, namely, prophy angles, milling apparatus for dental purposes, implant bridges for dental purposes, implant abutments for dental purposes, teeth protectors for dental purposes, sanitary masks for dental use, shade guides for dental use, face shields for dental use, abrasive wheels for dental purposes, grinding discs for dental applications, cutting discs for dental applications, drilling jigs for dental applications, filling instruments for dental purposes, dental pliers for veterinary purposes, x-ray apparatus for dental imaging, ceramic alloy used in dental crowns, dental instruments, namely, disposable prophy angles, programmable milling apparatus for dental purposes, armchairs for medical or dental purposes, cut-off wheels for dental purposes, dental drill bits used in dental motors to enable dentists to cut or drill teeth, dental clips for securing pre-existing dentures, dental apparatus, namely, intra-oral light systems, dental instruments, namely, crown and bridge removers, ultrasound appliances for dental and medical use, drilling jigs for surgical and dental applications, orthodontic machines and instruments [for dental purposes], cutting and grinding discs for dental applications, surgical apparatus and instruments for dental use, digital sensor used for taking digital dental radiographs, face masks for use by dental care providers, x-ray appliances for dental and medical use, dental instruments, namely, reusable and recyclable prophy angles, cut-off and abrasive wheels for dental purposes, dental devices for the treatment of obstructive sleep apnea, dental and medical drill bits for cutting teeth or bone, plastic material for producing, relining and repair of dental prostheses, organoleptic diagnostic testing apparatus for medical, dental or cosmetic use, dental fixtures, namely, prefabricated parts for crowns, bridges and pontics, dental instruments, namely, picks, burrs, mirrors, surgical apparatus and instruments for medical, dental or veterinary use, dental instruments for use in dental surgery, medical and dental apparatus for dimensional measurement, namely, 3d scanner for human body, dental instruments, namely, hemostats that clamp blood vessels to diminish or halt blood flow, human face protectors, namely, transparent face shields for use in the medical and dental fields, personal protective equipment (ppe), namely, face shields for use in the medical and dental fields, dental instruments, namely, root canal therapy instruments used to shave the inside of a root canal, dental products, namely, plastic material for fabricating complete and partial denture liners/relines, and for fabricating gaskets for over dentures, dental device that expands the mouth to improve the field of view inside the mouth, and extracts saliva from the work area inside the mouth; retail store services featuring the aforementioned goods; wholesale store services featuring the aforementioned goods; online store services featuring the aforementioned goodsClass 010 for Full line of dental care products, namely, dental picks, dental inlays, dental onlays, dental mirrors, dental handpieces, dental dams, dental excavators, dental drills, dental broaches, dental burrs, dental bridges, dental gloves, dental burs, dental caps, dental crowns, dental syringes, endodontic container for holding dental drill, dental burrs and dental files, bite trays [dental], dental impression trays, dental foundation supports, dental bite trays, dental curing lights, dental drill bits, bibs for dental use, drills for dental applications, drills for dental use, dental intra-oral cameras, dental instruments, namely, dental root files used in root canal therapy procedures, dental instruments, namely, oral irrigators, intra-oral dental light system, prosthetic instruments for dental purposes, polymerisation apparatus for dental purposes, forceps for dental technical purposes, dental apparatus, namely, apex locator, dental instruments, namely, prophy angles, milling apparatus for dental purposes, implant bridges for dental purposes, implant abutments for dental purposes, teeth protectors for dental purposes, sanitary masks for dental use, shade guides for dental use, face shields for dental use, abrasive wheels for dental purposes, grinding discs for dental applications, cutting discs for dental applications, drilling jigs for dental applications, filling instruments for dental purposes, dental pliers for veterinary purposes, x-ray apparatus for dental imaging, ceramic alloy used in dental crowns, dental instruments, namely, disposable prophy angles, programmable milling apparatus for dental purposes, armchairs for medical or dental purposes, cut-off wheels for dental purposes, dental drill bits used in dental motors to enable dentists to cut or drill teeth, dental clips for securing pre-existing dentures, dental apparatus, namely, intra-oral light systems, dental instruments, namely, crown and bridge removers, ultrasound appliances for dental and medical use, drilling jigs for surgical and dental applications, orthodontic machines and instruments [for dental purposes], cutting and grinding discs for dental applications, surgical apparatus and instruments for dental use, digital sensor used for taking digital dental radiographs, face masks for use by dental care providers, x-ray appliances for dental and medical use, dental instruments, namely, reusable and recyclable prophy angles, cut-off and abrasive wheels for dental purposes, dental devices for the treatment of obstructive sleep apnea, dental and medical drill bits for cutting teeth or bone, plastic material for producing, relining and repair of dental prostheses, organoleptic diagnostic testing apparatus for medical, dental or cosmetic use, dental fixtures, namely, prefabricated parts for crowns, bridges and pontics, dental instruments, namely, picks, burrs, mirrors, surgical apparatus and instruments for medical, dental or veterinary use, dental instruments for use in dental surgery, medical and dental apparatus for dimensional measurement, namely, 3d scanner for human body, dental instruments, namely, hemostats that clamp blood vessels to diminish or halt blood flow, human face protectors, namely, transparent face shields for use in the medical and dental fields, personal protective equipment (ppe), namely, face shields for use in the medical and dental fields, dental instruments, namely, root canal therapy instruments used to shave the inside of a root canal, dental products, namely, plastic material for fabricating complete and partial denture liners/relines, and for fabricating gaskets for over dentures, dental device that expands the mouth to improve the field of view inside the mouth, and extracts saliva from the work area inside the mouth
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant hereby adds the following class of goods/services to the application:
New: Class 003 for Full line of dental care products, namely, dental rinses, dental bleaching gels, dental bleaching gels, non-medicated dental rinse, dental rinses for non-medical purposes, cleaning solutions for dental ultrasonic sterilization apparatus; Home dental care products for dogs and cats, namely, toothpaste
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant hereby adds the following class of goods/services to the application:
New: Class 005 for Full line of dental care products, namely, dental sealants, dental veneers, dental lacquer, dental blanks, dental adhesives, dental amalgams, dental abrasives, dental cement, dental wax, dental ceramics, dental cements, dental alloys, dental waxes, dental mastics, dental polish, dental veneers for use in dental restoration, composite materials for dental and dental technical purposes, fissure sealant for dental and dental technical purposes, dental porcelain materials, dental resin cement, dental nitrous oxide, dental impression materials, dental restoration compounds, medicated dental floss, medicated dental rinses, dental hemostatic paste, dental composite materials, dental resin cements, pre-filled dental trays for applying dental compositions to teeth, amalgam for dental purposes, dental amalgams of gold, dental bite registration materials, medicines for dental purposes, porcelain for dental prostheses, rubber for dental purposes, material for dental bridges, material for dental crowns, materials for dental fillings, modeling wax for dental purposes, gold amalgam for dental purposes, materials for making dental impressions, lining materials for dental purposes, orthodontic alginate for dental impressions, conductive lacquer for dental purposes, molding wax for dental use, sealing agents for dental purposes, fixing materials for dental purposes, metal primers for dental purposes, dental preparations for disclosing plaque, materials for dental sealing purposes, dental compounds used in endodontic procedures, gases for medical and dental use, adhesives for dental and dentistry use, material for stopping teeth, dental wax, dental filling material of gutta-percha, dental varnish for use by dentists, synthetic materials for dental use for fillings, ceramic materials for dental use for fillings, anti-cavity dental coating preparations containing fluoride, dental restoration compounds, namely, dual core cement, alloys of precious metals for dental purposes, bacteriostats for medicinal, dental and veterinary use, adhesives for dentistry and dental technical purposes, bonding and primer materials for dental purposes, materials for dental fillings and for sealing purposes, dental resin for temporary bridges, crowns and veneers, dental tablets for disclosing plaque and tartar on the teeth, material for repairing teeth and for dental crowns and bridges, materials for crowns and bridges for dental use and for oral prophylaxis
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant hereby adds the following class of goods/services to the application:
New: Class 021 for Full line of dental care products, namely, dental tape, dental flossers, dental floss, dental floss dispensers, dental floss picks, floss for dental purposes, finger brushes for dental care, dental care kit comprising toothbrushes and floss
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Retail store services featuring dental care products, dental tools, dental care preparations, dental materials, dental appliances, non-medicated dental preparations, medicated dental preparations, and dental instruments for human use; Wholesale store services featuring dental care products, dental tools, dental care preparations, dental materials, dental appliances, non-medicated dental preparations, medicated dental preparations, and dental instruments for human use; online store services featuring dental care products, dental tools, dental care preparations, dental materials, dental appliances, non-medicated dental preparations, medicated dental preparations, and dental instruments for human use
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


The owner's/holder's current attorney information: Harris A. Wolin. Harris A. Wolin of MYERS WOLIN, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      100 SOUTH JEFFERSON ROAD, SUITE 202
      WHIPPANY, New Jersey 07981-1009
      United States
The docket/reference number is FRTR 11523.
      The phone number is 973-828-1284.
      The fax number is 866-864-3947.
      The email address is tm@myerswolin.com

The owner's/holder's proposed attorney information: Harris A. Wolin. Other appointed attorneys are Brian S. Myers, Daniel J. Gross, Hay Yeung Cheung, Lori P. Hager, Michael F. Sarney, Andrzej Malarz, Jan Tamulewicz. Harris A. Wolin of Myers Wolin, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      100 South Jefferson Road, Suite 202
      Whippany, New Jersey 07981-1009
      United States
The docket/reference number is FRTR 11523.
      The phone number is 973-828-1284.
      The fax number is 866-864-3947.
      The email address is tm@myerswolin.com

Harris A. Wolin submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      HARRIS A. WOLIN
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@myerswolin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is FRTR 11523.
Correspondence Information (proposed):
      Harris A. Wolin
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@myerswolin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is FRTR 11523.

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).

FEE(S)
Fee(s) in the amount of $1400 is being submitted.

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: /Harris A. Wolin/      Date: 08/11/2022
Signatory's Name: Harris A. Wolin
Signatory's Position: Attorney of record, NJ Bar member
Signatory's Phone Number: 9738281284

Signature method: Sent to third party for signature

Response Signature
Signature: /Harris A. Wolin/     Date: 08/11/2022
Signatory's Name: Harris A. Wolin
Signatory's Position: Attorney of record, NJ bar member

Signatory's Phone Number: 973-828-1284 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:    HARRIS A. WOLIN
   MYERS WOLIN, LLC
   
   100 SOUTH JEFFERSON ROAD, SUITE 202
   WHIPPANY, New Jersey 07981-1009
Mailing Address:    Harris A. Wolin
   Myers Wolin, LLC
   100 South Jefferson Road, Suite 202
   Whippany, New Jersey 07981-1009
        
PAYMENT: 90774441
PAYMENT DATE: 08/11/2022
        
Serial Number: 90774441
Internet Transmission Date: Thu Aug 11 16:16:23 ET 2022
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20220811161623154160-90774441-8
00ab283d9b6c7efac29116a36cff77e9c25522f2
af140182133af2ab67de827-CC-16210503-2022
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