Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79201834 CYSTADROPS (Stylized and/or with Design, see http://uspto.report/TM/79201834/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant claims to register the mark in standard characters in the United States.

(1) “ Under the laws of the country of the basic application and/or registration, the basic application and/or registration includes, and thus the international registration includes, the legal equivalent of a standard character claim.”

(2) “ The mark consists of standard characters without claim to any particular font style, size, or color.”

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 and medicines known as orphans for treating rare diseases and disorders including certain eye diseases or the consequences on sight of certain rare diseases such as cystinosis; sanitary and dietetic products, disinfectants for medical use in connection with the above diseases
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 and medicines known as orphans for treating rare diseases and disorders including certain eye diseases or the consequences on sight of certain rare diseases such as cystinosis; sanitary and dietetic products, disinfectants for medical use in connection with the above diseases; sanitary and dietetic products, namely, chemical preparations for sanitary use, disinfectants for sanitary purposes, disinfectants for medical use in connection with the above diseasesClass 005 for Pharmaceutical preparations and medicines known as orphans for treating rare diseases and disorders including certain eye diseases or the consequences on sight of certain rare diseases such as cystinosis; sanitary and dietetic products, namely, chemical preparations for sanitary use, disinfectants for sanitary purposes, disinfectants for medical use in connection with the above diseases

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.

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Anthony P. Venturino of VORYS, SATER, SEYMOUR AND PEASE LLP, having an address of
IPLAW@VORYS - PO BOX 2255 Columbus, Ohio 43216-2255
United States
iplaw@vorys.com
202-467-8800
202-533-9099
The attorney docket/reference number is 72972-000034 .


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
S.A. FEDIT-LORIOT ET AUTRES
CONSEILS EN PROPRIETE INDUSTRIELLE
38 avenue Hoche
F-75008 PARIS
FR

Proposed:
Anthony P. Venturino of VORYS, SATER, SEYMOUR AND PEASE LLP, having an address of
IPLAW@VORYS - PO BOX 2255 Columbus, Ohio 43216-2255
United States
iplaw@vorys.com;apventurino@vorys.com;ybourne@vorys.com
202-467-8800
202-533-9099
The docket/reference number is 72972-000034 .



ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
The wording "CYSTADROPS" appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Miscellaneous Statement
Cysteamine is a drug substance that maybe contains in the drug products, and drops are a way to administer the drug product.


SIGNATURE(S)
Response Signature
Signature: /anthony p venturino/     Date: 04/03/2017
Signatory's Name: Anthony P. Venturino
Signatory's Position: Attorney member DC bar

Signatory's Phone Number: 2024678848

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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.

Mailing Address:    Anthony P. Venturino
   VORYS, SATER, SEYMOUR AND PEASE LLP
   IPLAW@VORYS - PO BOX 2255
   Columbus, Ohio 43216-2255
        
Serial Number: 79201834
Internet Transmission Date: Mon Apr 03 11:07:27 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201704031107272
95352-79201834-580948725bc1e625fe6ce15ef
84f63b96c0b4b85146323de52765121818b99e8-
N/A-N/A-20170403105708823679