Trademark: IMMUNOBOOST
Filing Date: September 23, 2003
Applicant: Bioniche Life Sciences Inc.
Examiner: Jeffrey S. Molinoff
Law Office # 103
To the Commissioner of Trademarks:
This is in response to the Office Action, dated April 15, 2004. Please amend
application serial no. 78/304,083 as follows:
Claim of Ownership:
The Applicant is the owner of U.S. Registration No. 2,114,141.
Signed Declaration:
The Applicant submits that the signed Declaration was submitted with the
original application at the time of filing. Attached is a copy of the signed
Declaration as filed.
In light of the foregoing, we ask that the application now be approved for
publication.
Response Signature:
Signature: /Mike Bean/
Name: D. Michael Bean
Position: Attorney
D. Michael Bean
Gowling Lafleur Henderson LLP
50 Queen Street North, Ste. 1020
Kitchener, Ontario N2H 6M2
Phone: (519) 575-7544
Fax: (519) 571-5044
Website: www.gowlings.com <http://www.gowlings.com>
-----Original Message-----
From: ECom103 [mailto:ecom103@USPTO.GOV]
Sent: Thursday, April 15, 2004 4:13 PM
To: michael.bean@gowlings.com
Subject: TRADEMARK APPLICATION NO. 78304083 - IMMUNOBOOST - K6000909US
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/304083
APPLICANT: Bioniche Life Sciences Inc.
CORRESPONDENT ADDRESS:
D. Michael Bean; Gowling Lafleur Henders
Suite 1020; 50 Queen Street North
Kitchener; ONC - ONTARIO
N2H 6M2
CAX - CANADARETURN ADDRESS:
Commissioner for Trademarks
2900 Crystal Drive
Arlington, VA 22202-3514
MARK: IMMUNOBOOST
CORRESPONDENT'S REFERENCE/DOCKET NO: K6000909US
CORRESPONDENT EMAIL ADDRESS:
michael.bean@gowlings.comPlease provide in all correspondence:
1. Filing date, serial number, mark and
applicant's name.
2. Date of this Office Action.
3. Examining Attorney's name and
Law Office number.
4. Your telephone number and e-mail address.
OFFICE ACTION
TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE
ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.
Serial Number 78/304083 IMMUNOBOOST
The assigned trademark examining attorney has reviewed the referenced
application and has determined the following.
Search Results
The Office records have been searched and no similar registered or pending
mark has been found that would bar registration under Trademark Act Section
2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Ownership of Prior Registrations
If the applicant is the owner of Registration Nos. 2114141, the applicant
must submit a claim of ownership. 37 C.F.R. Section 2.36; TMEP section 812.
Signed Declaration Required
The application must be signed, and verified or supported by a declaration
under 37 C.F.R. §2.20. 37 C.F.R. §2.33. No signed verification or
declaration was provided. Therefore, the applicant must provide a signed
verification or signed declaration attesting to the facts set forth in the
application.
If the application is based on use in commerce under Trademark Act Section
1(a), 15 U.S.C. §1051(a), the verified statement must include an allegation
that the mark is in use in commerce and was in use in commerce on or in
connection with the goods or services listed in the application as of the
application filing date. 37 C.F.R. §2.34(a)(1)(i); TMEP §§804.02, 806.01(a)
and 901.
If the application is based on Trademark Act Section 1(b) or 44, 15 U.S.C.
§1051(b) or 1126, the verified statement must include an allegation that the
applicant had a bona fide intention to use the mark in commerce on or in
connection with the goods or services listed in the application as of the
application filing date. 37 C.F.R. §§2.34(a)(2)(i), 2.34(a)(3)(i) and
2.34(a)(4)(ii); TMEP §§804.02, 806.01(b), 806.01(c), 806.01(d) and 1101.
Response
If the applicant has any questions or needs assistance in responding to this
Office action, please telephone the assigned examining attorney. If the
applicant fails to respond within six months of the mailing date of this
refusal, this Office will declare the application abandoned. 37 C.F.R.
Section 2.65(a).
Jeffrey S. Molinoff
/Jeff Molinoff/
Law Office 103
703-308-9103 ext. 247
703-746-8103 fax
How to respond to this Office Action:
To respond formally using the Office's Trademark Electronic Application
System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the
instructions.
To respond formally via regular mail, your response should be sent to the
mailing Return Address listed above and include the serial number, law
office and examining attorney's name on the upper right corner of each page
of your response.
To check the status of your application at any time, visit the Office's
Trademark Applications and Registrations Retrieval (TARR) system at
http://tarr.gov.uspto.report/
For general and other useful information about trademarks, you are
encouraged to visit the Office's web site at
http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE
ASSIGNED EXAMINING ATTORNEY.
IMPORTANT NOTICE: This message is intended only for the use of the individual or entity to which it is addressed. The message may contain information that is privileged, confidential and exempt from
disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are
notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify Gowlings immediately by email at
postmaster@gowlings.com. Thank you.
