PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77103869 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Pharmaceutical preparations, namely, a combination of component diphtheria, tetanus, pertussis, polio and Haemophilus influenzae type b
(Hib) vaccine |
FIRST USE ANYWHERE DATE |
At least as early as 07/14/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 07/14/2008 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Pharmaceutical preparations, namely, a combination of component diphtheria, tetanus, pertussis, polio and Haemophilus influenzae type b
(Hib) vaccine |
FIRST USE ANYWHERE DATE |
At least as early as 07/14/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 07/14/2008 |
STATEMENT TYPE |
"The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)." |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPU0-12411614-114838547_._S11591_Specimen.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT4\IMAGEOUT4\771\038\77103869\xml2\ROA0002.JPG |
SPECIMEN DESCRIPTION |
Photograph of actual package |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
This is in response to the Official Action of October 20, 2008. Applicant submits herewith a substitute specimen and a supporting Declaration.
In fact, this is the same package which was originally submitted in a flat photocopied form. It is an actual package, and approval of the Statement of Use and specimen is respectfully requested.
Applicant also points out that the specimen rejected by the Examining Attorney in this case was accepted by a different Examining Attorney in a companion case, Serial No. 78857520. |
MISCELLANEOUS FILE NAME(S) |
ORIGINAL PDF FILE |
M-12411614-114838547_._S11590_Response_to_Office_Action__December_9__2008_.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT4\IMAGEOUT4\771\038\77103869\xml2\ROA0003.JPG |
ORIGINAL PDF FILE |
M-12411614-114838547_._S11591_Specimen.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT4\IMAGEOUT4\771\038\77103869\xml2\ROA0004.JPG |
SIGNATURE SECTION |
ORIGINAL PDF FILE |
HS_12411614-114838547_._S11590_Specimen_Declaration.PDF |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT4\IMAGEOUT4\771\038\77103869\xml2\ROA0005.JPG |
SIGNATORY'S NAME |
Cynthia C. Weber |
SIGNATORY'S POSITION |
Attorney of Record |
RESPONSE SIGNATURE |
/Cynthia C. Weber/ |
SIGNATORY'S NAME |
Cynthia C. Weber |
SIGNATORY'S POSITION |
Attorney of Record |
DATE SIGNED |
12/09/2008 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Dec 09 12:03:15 EST 2008 |
TEAS STAMP |
USPTO/ROA-XX.X.XXX.XX-200
81209120315425385-7710386
9-430da1dede4e87f92a678bf
7245165e8ea0-N/A-N/A-2008
1209114838547360 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
77103869 has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceutical preparations, namely, a combination of component diphtheria, tetanus, pertussis, polio and Haemophilus influenzae type b (Hib) vaccine
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection
with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).
In International Class 005, the mark was first used at least as early as 07/14/2008 and first used in commerce at least as early as 07/14/2008.
Proposed: Class 005 for Pharmaceutical preparations, namely, a combination of component diphtheria, tetanus, pertussis, polio and Haemophilus influenzae type b (Hib) vaccine
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection
with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).
In International Class 005, the mark was first used at least as early as 07/14/2008. and first used in commerce at least as early as 07/14/2008.
Applicant hereby submits a new specimen for Class 005. The specimen(s) submitted consists of Photograph of actual package.
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Original PDF file:
SPU0-12411614-114838547_._S11591_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
ADDITIONAL STATEMENTS
This is in response to the Official Action of October 20, 2008. Applicant submits herewith a substitute specimen and a supporting Declaration. In fact, this is the same package which was originally
submitted in a flat photocopied form. It is an actual package, and approval of the Statement of Use and specimen is respectfully requested. Applicant also points out that the specimen rejected by the
Examining Attorney in this case was accepted by a different Examining Attorney in a companion case, Serial No. 78857520.
Original PDF file:
M-12411614-114838547_._S11590_Response_to_Office_Action__December_9__2008_.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1
Original PDF file:
M-12411614-114838547_._S11591_Specimen.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1
SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_12411614-114838547_._S11590_Specimen_Declaration.PDF
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Cynthia C. Weber
Signatory's Position: Attorney of Record
Response Signature
Signature: /Cynthia C. Weber/ Date: 12/09/2008
Signatory's Name: Cynthia C. Weber
Signatory's Position: Attorney of Record
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
Serial Number: 77103869
Internet Transmission Date: Tue Dec 09 12:03:15 EST 2008
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-200812091203154253
85-77103869-430da1dede4e87f92a678bf72451
65e8ea0-N/A-N/A-20081209114838547360