TEAS Petition to Revive Abandon Applic

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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 79281774 SOLARIS (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/7928177 4/large) has been amended as follows: PETITION
Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.RESPONSE TO OFFICE ACTION

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

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 3184227, 5897754 and 2912841. Applicant submits a revised listing of goods that avoids conflict with US 5897754 in IC 009 for orbital shakers and US 3184227 and 2912841 for heating apparatus in IC 011 registered to different owners. The difference in impression and amended goods in view of the high-sophistication level of consumers, reconsideration of the refusal is requested (see, American Optical v. Autotrol, 175 USPQ (BNA) (TTAB 1972)(sophistication level of consumers in scientific goods, etc.).

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Scientific, research, weighing apparatus and instruments; apparatus and instruments for recording, transmitting and reproducing positioning data; laboratory apparatus; apparatus for fermentation; temperature sensing apparatus for scientific use; analyzer [other than for medical use]; bioreactors for laboratory use, for cell culturing, for research use; peripheral devices for computers; software and applications for mobile devices; digital sensors; digital sensory devices
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: Scientific, research, weighing apparatus and instruments; Scientific, research, weighing apparatus and instruments, namely process tanks for tangential-flow filtration; apparatus and instruments for recording, transmitting and reproducing positioning data; apparatus and instruments for recording, transmitting and reproducing positioning data, namely process control systems for use in fermenters and bioreactors industry; laboratory apparatus; apparatus for fermentation being fermenter apparatus for laboratory use; apparatus for fermentation; temperature sensing apparatus for scientific use; analyzer other than for medical use, namely liquid analyzer, gas analyzer, electronic analyzer for testing the presence of micro-organisms; analyzer [other than for medical use]; bioreactors for laboratory use, for cell culturing, for research use; peripheral devices for computers; downloadable software applications for mobile devices for use in process data management, data monitoring and quality control in the fermenters and bioreactors industry; software and applications for mobile devices; optical, proximity, conductive, electric, radar and biomass digital sensors; digital sensors; digital sensory devices, namely pH sensors, dissolved oxygen sensors, level sensors, conductivity sensors and biomass sensors; digital sensory devicesClass 009 for Scientific, research, weighing apparatus and instruments, namely process tanks for tangential-flow filtration; apparatus and instruments for recording, transmitting and reproducing positioning data, namely process control systems for use in fermenters and bioreactors industry; apparatus for fermentation being fermenter apparatus for laboratory use; temperature sensing apparatus for scientific use; analyzer other than for medical use, namely liquid analyzer, gas analyzer, electronic analyzer for testing the presence of micro-organisms; bioreactors for laboratory use, for cell culturing, for research use; peripheral devices for computers; downloadable software applications for mobile devices for use in process data management, data monitoring and quality control in the fermenters and bioreactors industry; optical, proximity, conductive, electric, radar and biomass digital sensors; digital sensory devices, namely pH sensors, dissolved oxygen sensors, level sensors, conductivity sensors and biomass sensors

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:

Current:
Class 011 for Heating utensils, apparatus and installations; industrialwater and sewage treatment installations; sanitary installations; biological reactors; bioreactors for use in the treatment of waste; bioreactors for use in the treatment of wastewater; sterilizing installations; sterilization autoclaves; electrical autoclaves for use in sterilization; autoclaves [not for medica use]; sterilizers; reactor vessels; level controlling valves in tanks; hot water cylinders; filter elements for the air vents of water supply tanks
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: Heating utensils, apparatus and installations; Industrial water and sewage treatment installations being water purification installations; industrialwater and sewage treatment installations; sanitary installations in the nature of laboratory tanks and steam sterilizers; sanitary installations; biological reactors, namely, bioreactors for use in the treatment of waste; biological reactors; bioreactors for use in the treatment of wastewater; bioreactors for use in the treatment of waste; sterilizing installations, being electrical or steam SIP (Sterilization-in-Place) systems for use in the pharmaceutical industry, food industry, biotech industry and wastewater industry; electrical autoclaves for use in sterilization; sterilizing installations; sterilizers; sterilization autoclaves; reactor vessels being biogas fermentation reactors, namely, percolating fermenters and dry fermenters; level controlling valves as part of water purification tanks; autoclaves [not for medica use]; filter elements for the air vents of water supply tanks; reactor vessels; level controlling valves in tanks; hot water cylindersClass 011 for Industrial water and sewage treatment installations being water purification installations; sanitary installations in the nature of laboratory tanks and steam sterilizers; biological reactors, namely, bioreactors for use in the treatment of waste; bioreactors for use in the treatment of wastewater; sterilizing installations, being electrical or steam SIP (Sterilization-in-Place) systems for use in the pharmaceutical industry, food industry, biotech industry and wastewater industry; electrical autoclaves for use in sterilization; sterilizers; reactor vessels being biogas fermentation reactors, namely, percolating fermenters and dry fermenters; level controlling valves as part of water purification tanks; filter elements for the air vents of water supply tanks

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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: SOLARIS BIOTECHNOLOGY S.R.L. a(n) Società a Responsabilità Limitata (limited liability company) legally organized under the laws of Minnesota      Email Address: XXXX

Proposed: SOLARIS BIOTECHNOLOGY S.R.L., Società a Responsabilità Limitata (limited liability company) legally organized under the laws of Italy
      Email Address: XXXX
Correspondence Information (current):
      Jason L DeFrancesco
      PRIMARY EMAIL FOR CORRESPONDENCE: jdefrancesco@hillwallack.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocket@hillwallack.com
Correspondence Information (proposed):
      Jason L DeFrancesco
      PRIMARY EMAIL FOR CORRESPONDENCE: jdefrancesco@hillwallack.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocket@hillwallack.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)

Signature: /Jason DeFrancesco/      Date: 12/18/2020
Signatory's Name: Jason DeFrancesco
Signatory's Position: Attorney of Record, DC Bar member

Response Signature
Signature: /Jason DeFrancesco/     Date: 12/18/2020
Signatory's Name: Jason DeFrancesco
Signatory's Position: Attorney of record, DC Bar member

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Jason L DeFrancesco
   
   
   21 Roszel Rd.
   Princeton, New Jersey 08540
Mailing Address:    Jason L DeFrancesco
   21 Roszel Rd.
   Princeton, New Jersey 08540
        
RAM Sale Number: 79281774
RAM Accounting Date: 12/18/2020
        
Serial Number: 79281774
Internet Transmission Date: Fri Dec 18 13:31:47 ET 2020
TEAS Stamp: USPTO/POA-XX.XXX.XX.XXX-2020121813314778
4454-79281774-750da762bb886718ed9abe83f5
d8ac59665ec8265663cae49a477a22e8326a41e-
DA-31476633-20201218130809418098