Response to Office Action

ASSURITY

Eli Lilly and Company

Response to Office Action

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 77375362
LAW OFFICE ASSIGNED LAW OFFICE 112
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 005
DESCRIPTION
Pharmaceutical preparations, namely, pharmaceutical preparations for the treatment of alcohol use disorders, anxiety, bone and skeletal diseases and disorders, blood diseases and disorders, cancer, cardiovascular diseases, central nervous system diseases and disorders, diabetes, diabetic neuropathy, endocrine diseases and disorders, gastrointestinal diseases and disorders, hormonal diseases and disorders, inflammation and inflammatory diseases and disorders, liver diseases and disorders, kidney diseases and disorders, neurodegenerative diseases and disorders, neurological disorders, obesity, ophthalmologic conditions and diseases, pain, peripheral nervous system diseases and disorders, reproductive system diseases and disorders, sexual dysfunction, urological disorders, dyslipidemia, sleep disorders, migraines, metabolic diseases and disorders; pharmaceutical preparations for the prevention of diabetes; antipsychotic agents; and antidepressants; veterinary preparations
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 005
DESCRIPTION
Pharmaceutical preparations, namely, pharmaceutical preparations for the treatment of alcohol use disorders, anxiety, bone and skeletal diseases and disorders, blood diseases and disorders, cancer, cardiovascular diseases, central nervous system diseases and disorders, diabetes, diabetic neuropathy, endocrine diseases and disorders, gastrointestinal diseases and disorders, hormonal diseases and disorders, inflammation and inflammatory diseases and disorders, liver diseases and disorders, kidney diseases and disorders, neurodegenerative diseases and disorders, neurological disorders, obesity, ophthalmologic conditions and diseases, pain, peripheral nervous system diseases and disorders, reproductive system diseases and disorders, sexual dysfunction, urological disorders, dyslipidemia, sleep disorders, migraines, metabolic diseases and disorders; pharmaceutical preparations for the prevention of diabetes; antipsychotic agents; and antidepressants; Veterinary preparations for companion animals in the treatment of weight loss, obesity, urine spraying, chronic pain, gastrointestinal disorders, neurodegenerative disorders, parasitic infestations, neurological disorders, anxiety, hypertension, dermatitis, cancer, anemia associated with chronic renal failure, fleas, pain associated with orthopedic and soft tissue surgery, chronic kidney disease, and emesis; preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; veterinary preparations for the treatment, control and symptomatic relief of infectious and metabolic diseases of livestock; dietary food supplements for animals; antibacterial; production enhancement for livestock; medicated feed additives and medicated water additives for animals; diagnostic agents and devices to identify pathogens or residues of biological interest for veterinary use
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
SIGNIFICANCE OF MARK "ASSURITY appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language."
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /reljr44/
SIGNATORY'S NAME Robert E. Lee, Jr.
SIGNATORY'S POSITION Assistant General Patent Counsel
DATE SIGNED 07/21/2008
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jul 21 18:51:31 EDT 2008
TEAS STAMP USPTO/ROA-XX.X.XX.XX-2008
0721185131334273-77375362
-420ce9537b2fb784b2d56597
45f05135ac-N/A-N/A-200807
18141929786881



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. 77375362 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, pharmaceutical preparations for the treatment of alcohol use disorders, anxiety, bone and skeletal diseases and disorders, blood diseases and disorders, cancer, cardiovascular diseases, central nervous system diseases and disorders, diabetes, diabetic neuropathy, endocrine diseases and disorders, gastrointestinal diseases and disorders, hormonal diseases and disorders, inflammation and inflammatory diseases and disorders, liver diseases and disorders, kidney diseases and disorders, neurodegenerative diseases and disorders, neurological disorders, obesity, ophthalmologic conditions and diseases, pain, peripheral nervous system diseases and disorders, reproductive system diseases and disorders, sexual dysfunction, urological disorders, dyslipidemia, sleep disorders, migraines, metabolic diseases and disorders; pharmaceutical preparations for the prevention of diabetes; antipsychotic agents; and antidepressants; veterinary preparations
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)).

Proposed: Class 005 for Pharmaceutical preparations, namely, pharmaceutical preparations for the treatment of alcohol use disorders, anxiety, bone and skeletal diseases and disorders, blood diseases and disorders, cancer, cardiovascular diseases, central nervous system diseases and disorders, diabetes, diabetic neuropathy, endocrine diseases and disorders, gastrointestinal diseases and disorders, hormonal diseases and disorders, inflammation and inflammatory diseases and disorders, liver diseases and disorders, kidney diseases and disorders, neurodegenerative diseases and disorders, neurological disorders, obesity, ophthalmologic conditions and diseases, pain, peripheral nervous system diseases and disorders, reproductive system diseases and disorders, sexual dysfunction, urological disorders, dyslipidemia, sleep disorders, migraines, metabolic diseases and disorders; pharmaceutical preparations for the prevention of diabetes; antipsychotic agents; and antidepressants; Veterinary preparations for companion animals in the treatment of weight loss, obesity, urine spraying, chronic pain, gastrointestinal disorders, neurodegenerative disorders, parasitic infestations, neurological disorders, anxiety, hypertension, dermatitis, cancer, anemia associated with chronic renal failure, fleas, pain associated with orthopedic and soft tissue surgery, chronic kidney disease, and emesis; preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; veterinary preparations for the treatment, control and symptomatic relief of infectious and metabolic diseases of livestock; dietary food supplements for animals; antibacterial; production enhancement for livestock; medicated feed additives and medicated water additives for animals; diagnostic agents and devices to identify pathogens or residues of biological interest for veterinary use
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)).

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
"ASSURITY appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language."

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /reljr44/     Date: 07/21/2008
Signatory's Name: Robert E. Lee, Jr.
Signatory's Position: Assistant General Patent Counsel

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: 77375362
Internet Transmission Date: Mon Jul 21 18:51:31 EDT 2008
TEAS Stamp: USPTO/ROA-XX.X.XX.XX-2008072118513133427
3-77375362-420ce9537b2fb784b2d5659745f05
135ac-N/A-N/A-20080718141929786881



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