TEAS Request Reconsideration after FOA

PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 79138878 WHOLE YOU(Standard Characters, see http://uspto.report/TM/79138878/mark.png) 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 surgery, plastic surgery, regenerative medicine, dermatology, otorhinolaryngology and ophthalmology; Pharmaceutical preparations for treating skin disorders; Pharmaceutical preparations for use in dermatology; Pharmaceutical preparations for wounds; Pharmaceutical preparations for animal skin care; Pharmaceutical preparations for skin; Amino acids for medical purposes; Amino acids for medical purposes, namely, synthetic taurine; Medical adhesives for binding surgical wounds; Medical tissue adhesives for wound closure; Medical adhesives for binding wounds; Bone cement for surgical purposes; Pharmaceutical preparations for treating allergies; Oiled paper for medical purposes; Unit dose capsules, gel paper, gel sold empty for pharmaceutical use; Gauze for dressings; Capsules sold empty for pharmaceuticals; Eye patches for medical purposes; Ear bandages; Menstruation bandages; Menstruation tampons; Sanitary napkins; Sanitary panties; Absorbent wadding for dressings; Adhesive medical plasters; bandages for dressings; Liquid medical dressings; Breast-nursing pads; Denture adhesive; Dental materials, namely, adhesives for dental and dentistry use, ceramic materials, rubber and metal for dental use for fillings, composite materials for dental and dental technical purposes, dental resin for temporary bridges, crowns and veneers, and dental waxes, fixing materials for dental purposes, plastic materials for dental use for fillings and dental resin for fillings; Denture base materials, namely, bonding primer materials and dental impression materials; Adhesives for dentures; Adhesives for dental purposes; Cotton swabs for medical use
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:
Tracked Text Description: Pharmaceutical preparations for use in surgery, plastic surgery, regenerative medicine, dermatology, otorhinolaryngology and ophthalmology; Pharmaceutical preparations for use in ocular or intraocular dermatological surgery, plastic surgery, regenerative medicine for the regeneration of ligament and tendon fibers, skin, dermatology, otorhinolaryngology and ophthalmology; Pharmaceutical preparations for treating skin disorders; Pharmaceutical preparations for use in dermatology; Pharmaceutical preparations for wounds; Pharmaceutical preparations for animal skin care; Pharmaceutical preparations for skin; Amino acids for medical purposes; Amino acids for medical purposes, namely, synthetic taurine; Medical adhesives for binding surgical wounds; Medical tissue adhesives for wound closure; Medical adhesives for binding wounds; Bone cement for surgical purposes; Pharmaceutical preparations for treating allergies; Oiled paper for medical purposes; Unit dose capsules, gel paper, gel sold empty for pharmaceutical use; Unit dose capsules, gelatin paper capsules and gelatin capsules sold empty for pharmaceutical use; Gauze for dressings; Capsules sold empty for pharmaceuticals; Eye patches for medical purposes; Ear bandages; Menstruation bandages; Menstruation tampons; Sanitary napkins; Sanitary panties; Absorbent wadding for dressings; Adhesive medical plasters; bandages for dressings; Liquid medical dressings; Breast-nursing pads; Denture adhesive; Dental materials, namely, adhesives for dental and dentistry use, ceramic materials, rubber and metal for dental use for fillings, composite materials for dental and dental technical purposes, dental resin for temporary bridges, crowns and veneers, and dental waxes, fixing materials for dental purposes, plastic materials for dental use for fillings and dental resin for fillings; Denture base materials, namely, bonding primer materials and dental impression materials; Adhesives for dentures; Adhesives for dental purposes; Cotton swabs for medical useClass 005 for Pharmaceutical preparations for use in ocular or intraocular dermatological surgery, plastic surgery, regenerative medicine for the regeneration of ligament and tendon fibers, skin, dermatology, otorhinolaryngology and ophthalmology; Pharmaceutical preparations for treating skin disorders; Pharmaceutical preparations for use in dermatology; Pharmaceutical preparations for wounds; Pharmaceutical preparations for animal skin care; Pharmaceutical preparations for skin; Amino acids for medical purposes; Amino acids for medical purposes, namely, synthetic taurine; Medical adhesives for binding surgical wounds; Medical tissue adhesives for wound closure; Medical adhesives for binding wounds; Bone cement for surgical purposes; Pharmaceutical preparations for treating allergies; Oiled paper for medical purposes; Unit dose capsules, gelatin paper capsules and gelatin capsules sold empty for pharmaceutical use; Gauze for dressings; Capsules sold empty for pharmaceuticals; Eye patches for medical purposes; Ear bandages; Menstruation bandages; Menstruation tampons; Sanitary napkins; Sanitary panties; Absorbent wadding for dressings; Adhesive medical plasters; bandages for dressings; Liquid medical dressings; Breast-nursing pads; Denture adhesive; Dental materials, namely, adhesives for dental and dentistry use, ceramic materials, rubber and metal for dental use for fillings, composite materials for dental and dental technical purposes, dental resin for temporary bridges, crowns and veneers, and dental waxes, fixing materials for dental purposes, plastic materials for dental use for fillings and dental resin for fillings; Denture base materials, namely, bonding primer materials and dental impression materials; Adhesives for dentures; Adhesives for dental purposes; Cotton swabs for medical use

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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Eyeglasses for 3D movie theaters; Binoculars; Lenses for binoculars; Monocles; Lenses for monocles; Optical lenses; Cameras; Eyeglasses for 3D television sets; Satellite-aided navigation systems; Telephones; Portable telephones; Wearable portable telephones; Global positioning system (GPS) apparatus; Digital audio and video recorders and players; Computers; Computer peripheral devices; Personal digital assistants; Wearable computers; Wearable computer peripherals; Wearable personal digital assistants; Computer operating programs, recorded; Computer operating software; Computer operating programs; Dust masks; Gas masks; Welding masks; Protection mask; Nose plugs for protection from dust; Dust protective nose masks; Nose plugs, namely, nasal filtration devices; Protection masks for harmful substance isolation use; Eyeglasses; Eyewear; Spectacles; Sunglasses; Eyeglasses for show; Spectacles, namely, eyeglasses and goggles; Contact lenses; Eyeglass lenses; Spectacle glasses; Spectacle lenses; Sunglass lenses; Spectacle frames; Eyeglass cords; Eyeglass chains; Containers for contact lenses; Spectacle cases; spectacle temples; Nose pads sold as a component part of spectacle frames; Hinges sold as a component part of spectacle frames; Ear pads sold as a component part of spectacle frames; Bridges sold as a component part of spectacle frames; Pince-nez; Pince-nez mountings; Pince-nez cords; Pince-nez chains; Pince-nez cases
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:
Tracked Text Description: Eyeglasses for 3D movie theaters; Binoculars; Lenses for binoculars; Monocles; Lenses for monocles; Optical lenses; Cameras; Eyeglasses for 3D television sets; Satellite-aided navigation systems; Telephones; Portable telephones; Wearable portable telephones; Global positioning system (GPS) apparatus; Global Positioning System (GPS) device; Digital audio and video recorders and players; Computers; Computer peripheral devices; Personal digital assistants; Wearable computers; Wearable computer peripherals; Wearable personal digital assistants; Computer operating programs, recorded; Computer operating software; Computer operating programs; Dust masks; Gas masks; Welding masks; Protection mask; Nose plugs for protection from dust; Dust protective nose masks; Nose plugs, namely, nasal filtration devices; Nose plugs, namely, nasal filtration devices to protect users from hazardous materials in the nature of dust; Protection masks for harmful substance isolation use; Eyeglasses; Eyewear; Spectacles; Sunglasses; Eyeglasses for show; Spectacles, namely, eyeglasses and goggles; Contact lenses; Eyeglass lenses; Spectacle glasses; Spectacle lenses; Sunglass lenses; Spectacle frames; Eyeglass cords; Eyeglass chains; Containers for contact lenses; Spectacle cases; spectacle temples; Nose pads sold as a component part of spectacle frames; Hinges sold as a component part of spectacle frames; Ear pads sold as a component part of spectacle frames; Bridges sold as a component part of spectacle frames; Pince-nez; Pince-nez mountings; Pince-nez cords; Pince-nez chains; Pince-nez casesClass 009 for Eyeglasses for 3D movie theaters; Binoculars; Lenses for binoculars; Monocles; Lenses for monocles; Optical lenses; Cameras; Eyeglasses for 3D television sets; Satellite-aided navigation systems; Telephones; Portable telephones; Wearable portable telephones; Global Positioning System (GPS) device; Digital audio and video recorders and players; Computers; Computer peripheral devices; Personal digital assistants; Wearable computers; Wearable computer peripherals; Wearable personal digital assistants; Computer operating programs, recorded; Computer operating software; Computer operating programs; Dust masks; Gas masks; Welding masks; Protection mask; Nose plugs for protection from dust; Dust protective nose masks; Nose plugs, namely, nasal filtration devices to protect users from hazardous materials in the nature of dust; Protection masks for harmful substance isolation use; Eyeglasses; Eyewear; Spectacles; Sunglasses; Eyeglasses for show; Spectacles, namely, eyeglasses and goggles; Contact lenses; Eyeglass lenses; Spectacle glasses; Spectacle lenses; Sunglass lenses; Spectacle frames; Eyeglass cords; Eyeglass chains; Containers for contact lenses; Spectacle cases; spectacle temples; Nose pads sold as a component part of spectacle frames; Hinges sold as a component part of spectacle frames; Ear pads sold as a component part of spectacle frames; Bridges sold as a component part of spectacle frames; Pince-nez; Pince-nez mountings; Pince-nez cords; Pince-nez chains; Pince-nez cases

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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Surgical thread; teething rings; Ice bag pillows for medical purposes; Triangular elastic bandages; Supportive bandages; Surgical catguts; Feeding cups for medical purposes; Dropping pipettes for medical purposes; Teats; Medical ice bags; Medical apparatus, namely, dispensers for plastic ice bags and rubber ice bags; Baby bottles; Nursing bottles; Finger guards for medical purposes; Heating pads for medical purposes, Cooling pads for medical purposes, Heating apparatus used for medical and surgical equipment used during medical and surgical procedures, Cooling apparatus used for medical and surgical equipment used during medical and surgical procedures; Chemically activated hot and cold gel packs for medical purposes; Chemically activated hot and/or cold compresses; Chemically activated hot and/or ice packs for therapeutic use; Artificial tympanic membranes; Prosthetic limbs, namely, legs, feet, arms and hands; Putty for use in the replacement of bones; Filling materials, namely, putty for use in the replacement of bones; Prosthetic and filling materials, namely, artificial materials for use in the replacement of bones as well as natural bones; Artificial bone growth media; Artificial bone parts to be implanted in natural bones; ear plugs for noise reduction; Ear plugs for sleeping; Ear plugs for soundproofing; Anesthetic masks; Artificial limbs; Artificial eyes; Artificial bones for implantation; Artificial joints; Artificial teeth; Goods of metal, plastics or ceramic for medical use, namely, pins for artificial teeth; Ophthalmoscopes; Eye testing machines and apparatus; Dental implants; Artificial skin for surgical purposes; Hearing aids for the deaf; External nasal dilators; Medical lifting devices for assisting and moving physically disabled individuals, the elderly and patients; Posture correction device, namely, an adjustable harness to correct one's posture for medical purposes; Medical instruments, namely, orthopedic apparatus and instruments; Apparatus for assisting physically disabled individuals, the elderly and patients, namely, braces, straps, splints, supports, wraps, guard rails, walkers and canes; Surgical masks; Walking aids for physically disabled individuals, the elderly and patients, namely, walking frames; Crutches; Masks for use by medical personnel; Sanitary masks for medical purposes; Sanitary masks for medical wellness purposes; Medical nose plugs for filtration and protection from allergens and dust; Sanitary masks for dust and allergen isolation for medical purposes; Sanitary masks for germ, fungus, pollen, virus isolation purposes
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:
Tracked Text Description: Surgical thread; teething rings; Ice bag pillows for medical purposes; Triangular elastic bandages; Supportive bandages; Surgical catguts; Feeding cups for medical purposes; Dropping pipettes for medical purposes; Teats; Medical ice bags; Medical apparatus, namely, dispensers for plastic ice bags and rubber ice bags; Baby bottles; Nursing bottles; Finger guards for medical purposes; Heating pads for medical purposes, Cooling pads for medical purposes, Heating apparatus used for medical and surgical equipment used during medical and surgical procedures, Cooling apparatus used for medical and surgical equipment used during medical and surgical procedures; Chemically activated hot and cold gel packs for medical purposes; Chemically activated hot and/or cold compresses; Chemically activated hot and/or ice packs for therapeutic use; Artificial tympanic membranes; Prosthetic limbs, namely, legs, feet, arms and hands; Putty for use in the replacement of bones; Filling materials, namely, putty for use in the replacement of bones; Prosthetic and filling materials, namely, artificial materials for use in the replacement of bones as well as natural bones; Artificial bone growth media; Artificial bone parts to be implanted in natural bones; ear plugs for noise reduction; Ear plugs for sleeping; Ear plugs for soundproofing; Anesthetic masks; Artificial limbs; Artificial eyes; Artificial bones for implantation; Artificial joints; Artificial teeth; Goods of metal, plastics or ceramic for medical use, namely, pins for artificial teeth; Ophthalmoscopes; Eye testing machines and apparatus; Dental implants; Artificial skin for surgical purposes; Hearing aids for the deaf; External nasal dilators; Medical lifting devices for assisting and moving physically disabled individuals, the elderly and patients; Medical lifting devices for assisting and moving physically disabled individuals, the elderly and patients, namely, invalid lifts; Posture correction device, namely, an adjustable harness to correct one's posture for medical purposes; Medical instruments, namely, orthopedic apparatus and instruments; Apparatus for assisting physically disabled individuals, the elderly and patients, namely, braces, straps, splints, supports, wraps, guard rails, walkers and canes; Medical apparatus for assisting physically disabled individuals, the elderly and patients, namely, orthopedic braces, straps, splints, supports, wraps, guard rails specially adapted for diagnostic and therapeutic use, walkers and canes; Surgical masks; Walking aids for physically disabled individuals, the elderly and patients, namely, walking frames; Crutches; Masks for use by medical personnel; Sanitary masks for medical purposes; Sanitary masks for medical wellness purposes; Medical nose plugs for filtration and protection from allergens and dust; Sanitary masks for dust and allergen isolation for medical purposes; Sanitary masks for germ, fungus, pollen, virus isolation purposesClass 010 for Surgical thread; teething rings; Ice bag pillows for medical purposes; Triangular elastic bandages; Supportive bandages; Surgical catguts; Feeding cups for medical purposes; Dropping pipettes for medical purposes; Teats; Medical ice bags; Medical apparatus, namely, dispensers for plastic ice bags and rubber ice bags; Baby bottles; Nursing bottles; Finger guards for medical purposes; Heating pads for medical purposes, Cooling pads for medical purposes, Heating apparatus used for medical and surgical equipment used during medical and surgical procedures, Cooling apparatus used for medical and surgical equipment used during medical and surgical procedures; Chemically activated hot and cold gel packs for medical purposes; Chemically activated hot and/or cold compresses; Chemically activated hot and/or ice packs for therapeutic use; Artificial tympanic membranes; Prosthetic limbs, namely, legs, feet, arms and hands; Putty for use in the replacement of bones; Filling materials, namely, putty for use in the replacement of bones; Prosthetic and filling materials, namely, artificial materials for use in the replacement of bones as well as natural bones; Artificial bone growth media; Artificial bone parts to be implanted in natural bones; ear plugs for noise reduction; Ear plugs for sleeping; Ear plugs for soundproofing; Anesthetic masks; Artificial limbs; Artificial eyes; Artificial bones for implantation; Artificial joints; Artificial teeth; Goods of metal, plastics or ceramic for medical use, namely, pins for artificial teeth; Ophthalmoscopes; Eye testing machines and apparatus; Dental implants; Artificial skin for surgical purposes; Hearing aids for the deaf; External nasal dilators; Medical lifting devices for assisting and moving physically disabled individuals, the elderly and patients, namely, invalid lifts; Posture correction device, namely, an adjustable harness to correct one's posture for medical purposes; Medical instruments, namely, orthopedic apparatus and instruments; Medical apparatus for assisting physically disabled individuals, the elderly and patients, namely, orthopedic braces, straps, splints, supports, wraps, guard rails specially adapted for diagnostic and therapeutic use, walkers and canes; Surgical masks; Walking aids for physically disabled individuals, the elderly and patients, namely, walking frames; Crutches; Masks for use by medical personnel; Sanitary masks for medical purposes; Sanitary masks for medical wellness purposes; Medical nose plugs for filtration and protection from allergens and dust; Sanitary masks for dust and allergen isolation for medical purposes; Sanitary masks for germ, fungus, pollen, virus isolation purposes

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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant respectfully requests that as this is a Final Action and the only issues are pertaining to the identification of goods, if there are still matters that need to be further addressed, that the Examiner kindly contact Applicant's counsel to resolve any remaining issues, if any.


SIGNATURE(S)
Request for Reconsideration Signature
Signature: /RLD/     Date: 03/11/2014
Signatory's Name: Renee L. Duff
Signatory's Position: Attorney of record, NY bar member

Signatory's Phone Number: 914-723-7418

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.

        
Serial Number: 79138878
Internet Transmission Date: Tue Mar 11 18:20:53 EDT 2014
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XXX-2014031118205341
4144-79138878-500613aaa17c8714b01233c19a
f0bacb98fd5b9d874d04b42739aa4863c3eecf3-
N/A-N/A-20140311181500053584