throbber
PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`ARGUMENT(S)
`
`The table below presents the data as entered.
`
`Entered
`
`86222506
`
`LAW OFFICE 119
`
`http://tsdr.uspto.gov/img/86222506/large
`
`ANTI-INFLAMMATORY VAC
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`The registered mark V.A.C. owned by KCI is for a medical device namely a pump unit that promotes healing by collecting wound drainage
`while the BioElectronics device is a "Low frequency electromagnetic therapy apparatus.? For the medical professionals to whom these
`products are marketed there can be no confusion between a simple vacuum pump and a shortwave radio device that promotes healing by
`stimulating blood flow and reducing inflammation. These are completely different categories of healing devices. Physically and operationally
`the products are so different there is no likelihood of confusion. BioElectronics explains: In the medical field, "Anti-Inflammatory" is not
`merely descriptive but defines a complete category of pharmaceuticals and devices designed to reduce inflammation. Since this product is for
`sale to medical professionals, not the general public it is unlikelyt that weould be any confusion by the purchasers.
`
`EVIDENCE SECTION
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)EVIDENCE
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FILE NAME(S)
`
`DESCRIPTION OF EVIDENCE FILE
`
`\\TICRS\EXPORT16\IMAGEOUT 16\862\225\86222506\xml5\ ROA0002.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT 16\862\225\86222506\xml5\ ROA0003.JPG
`
`Photos of the products under discussion showing the physical difference in the
`products - one is a pressure pump with tubing, the other is an electronic transmitter.
`
`GOODS AND/OR SERVICES SECTION (current)
`
`INTERNATIONAL CLASS
`
`010
`
`DESCRIPTION
`
`FILING BASIS
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`Low frequency electromagnetic therapy apparatus
`
`Section 1(b)
`
`010
`
`Low frequency electromagnetic therapy apparatus; Class 10: Low frequency electromagnetic therapy apparatus for reducing or suppressing
`inflammation
`
`FINAL(cid:160)DESCRIPTION
`
`Class 10: Low frequency electromagnetic therapy apparatus for reducing or suppressing inflammation
`
`FILING BASIS
`
`Section 1(b)
`
`ADDITIONAL STATEMENTS SECTION
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`

`DISCLAIMER
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`No claim is made to the exclusive right to use ANTI-INFLAMMATORY apart from
`the mark as shown.
`
`/Mary K. Whelan/
`
`Mary K. Whelan
`
`Director
`
`973-228-8676
`
`01/08/2015
`
`YES
`
`Thu Jan 08 09:21:49 EST 2015
`
`USPTO/ROA-XX.XXX.XX.XXX-2
`0150108092149215084-86222
`506-5004c6e231587b37af052
`8421c64eb1bf1accb939ac669
`64f5ce17c993eade266-N/A-N
`/A-20150108085546025858
`
`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 86222506(cid:160)ANTI-INFLAMMATORY VAC(Standard Characters, see http://tsdr.uspto.gov/img/86222506/large) has been
`amended as follows:
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`The registered mark V.A.C. owned by KCI is for a medical device namely a pump unit that promotes healing by collecting wound drainage while
`the BioElectronics device is a "Low frequency electromagnetic therapy apparatus.? For the medical professionals to whom these products are
`marketed there can be no confusion between a simple vacuum pump and a shortwave radio device that promotes healing by stimulating blood
`flow and reducing inflammation. These are completely different categories of healing devices. Physically and operationally the products are so
`different there is no likelihood of confusion. BioElectronics explains: In the medical field, "Anti-Inflammatory" is not merely descriptive but
`defines a complete category of pharmaceuticals and devices designed to reduce inflammation. Since this product is for sale to medical
`professionals, not the general public it is unlikelyt that weould be any confusion by the purchasers.
`
`EVIDENCE
`Evidence in the nature of Photos of the products under discussion showing the physical difference in the products - one is a pressure
`pump with tubing, the other is an electronic transmitter. has been attached. Evidence-1
`Evidence-2
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 010 for Low frequency electromagnetic therapy apparatus
`Original Filing Basis:
`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: Low frequency electromagnetic therapy apparatus; Class 10: Low frequency electromagnetic therapy apparatus for
`reducing or suppressing inflammation
`
`Class 010 for Class 10: Low frequency electromagnetic therapy apparatus for reducing or suppressing inflammation
`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.
`
`ADDITIONAL STATEMENTS
`Disclaimer
`No claim is made to the exclusive right to use ANTI-INFLAMMATORY apart from the mark as shown.
`
`SIGNATURE(S)
`Response Signature
`Signature: /Mary K. Whelan/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 01/08/2015
`Signatory's Name: Mary K. Whelan
`Signatory's Position: Director
`
`Signatory's Phone Number: 973-228-8676
`
`The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either
`(1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent
`previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has
`granted the request of his/her prior representative to withdraw.
`
`Serial Number: 86222506
`Internet Transmission Date: Thu Jan 08 09:21:49 EST 2015
`TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2015010809214921
`5084-86222506-5004c6e231587b37af0528421c
`64eb1bf1accb939ac66964f5ce17c993eade266-
`N/A-N/A-20150108085546025858
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`

`

`

`

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