TEAS Request Reconsideration after FOA

BIOGAIA

BioGaia AB

TEAS Request Reconsideration after FOA

PTO Form 1960 (Rev 9/2007)
OMB No. xxxx-xxxx (Exp. x/xxxx)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 79030227
LAW OFFICE ASSIGNED LAW OFFICE 103
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (005)(current)
INTERNATIONAL CLASS 005
DESCRIPTION
Pharmaceutical preparations for use in treating gastric disease and disturbances, dietetic foods adapted for medical use; baby food; media bacteriological cultures, bacteria and preparations of bacteria in the nature of probiotics for medical use and healthcare; nutritional supplements containing lactic acid bacteria and lactobacillus; medical dental care preparations, namely chewing gum, lozenges, pastilles and mouthwash for medical purposes; all of the foregoing excluding liquid herbal extracts, liquid herbal extracts in vegetable-based capsules, and solid herbal extracts.
GOODS AND/OR SERVICES SECTION (005)(proposed)
INTERNATIONAL CLASS 005
DESCRIPTION
Pharmaceutical preparations for use in treating gastric disease and disturbances, baby food; media bacteriological cultures, bacteria and preparations of bacteria in the nature of probiotics for medical use and healthcare; medical dental care preparations, namely chewing gum, lozenges, pastilles and mouthwash for medical purposes; all of the foregoing excluding liquid herbal extracts, liquid herbal extracts in vegetable-based capsules, and solid herbal extracts.
GOODS AND/OR SERVICES SECTION (029)(no change)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT All goods to which the Examining Attorney has objected have been deleted from the application. Accordingly, it is respectfully submitted that the application is now in condition for passage to publication.
CORRESPONDENCE SECTION
NAME Howard F Mandelbaum
FIRM NAME Levine & Mandelbaum
INTERNAL ADDRESS 35th Floor
STREET 444 Madison Avenue
CITY New York
STATE New York
ZIP/POSTAL CODE 10022
COUNTRY United States
PHONE (212) 588-9800
FAX (212) 588-0780
EMAIL mail@levman.com
SIGNATURE SECTION
RESPONSE SIGNATURE /Howard F Mandelbaum/
SIGNATORY'S NAME Howard F Mandelbaum
SIGNATORY'S POSITION Attorney
DATE SIGNED 09/26/2007
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Wed Sep 26 16:05:03 EDT 2007
TEAS STAMP USPTO/RFR-XX.XXX.XXX.XX-2
0070926160503014654-79030
227-400d4b5c1012e5f03e7d5
6eaa1d37a8e-N/A-N/A-20070
926155758954347



PTO Form 1960 (Rev 9/2007)
OMB No. xxxx-xxxx (Exp. x/xxxx)

Request for Reconsideration after Final Action


To the Commissioner for Trademarks:

Application serial no. 79030227 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 for use in treating gastric disease and disturbances, dietetic foods adapted for medical use; baby food; media bacteriological cultures, bacteria and preparations of bacteria in the nature of probiotics for medical use and healthcare; nutritional supplements containing lactic acid bacteria and lactobacillus; medical dental care preparations, namely chewing gum, lozenges, pastilles and mouthwash for medical purposes; all of the foregoing excluding liquid herbal extracts, liquid herbal extracts in vegetable-based capsules, and solid herbal extracts.
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed: Class 005 for Pharmaceutical preparations for use in treating gastric disease and disturbances, baby food; media bacteriological cultures, bacteria and preparations of bacteria in the nature of probiotics for medical use and healthcare; medical dental care preparations, namely chewing gum, lozenges, pastilles and mouthwash for medical purposes; all of the foregoing excluding liquid herbal extracts, liquid herbal extracts in vegetable-based capsules, and solid herbal extracts.

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current: Müller & Partners AB Nybrogatan 11 SE-114 39 Stockholm SWEDEN
Proposed: Howard F Mandelbaum of Levine & Mandelbaum, having an address of 35th Floor 444 Madison Avenue New York, New York United States 10022, whose e-mail address is mail@levman.com, whose phone number is (212) 588-9800 and whose fax number is (212) 588-0780.

ADDITIONAL STATEMENTS
All goods to which the Examining Attorney has objected have been deleted from the application. Accordingly, it is respectfully submitted that the application is now in condition for passage to publication.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Howard F Mandelbaum/     Date: 09/26/2007
Signatory's Name: Howard F Mandelbaum
Signatory's Position: Attorney

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Howard F Mandelbaum
   Levine & Mandelbaum
   35th Floor
   444 Madison Avenue
   New York, New York 10022
        
Serial Number: 79030227
Internet Transmission Date: Wed Sep 26 16:05:03 EDT 2007
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2007092616050301
4654-79030227-400d4b5c1012e5f03e7d56eaa1
d37a8e-N/A-N/A-20070926155758954347



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