Response to Office Action

ABONT SYRINGE

Galderma S.A.

Response to Office Action

PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 79305222
LAW OFFICE ASSIGNED LAW OFFICE 128
MARK SECTION
MARK FILE NAME http://uspto.report/TM/79305222/mark.png
LITERAL ELEMENT ABONT SYRINGE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The stylized word aboNT and a drawing of half a syringe.
OWNER SECTION (current)
NAME Galderma S.A.
EMAIL XXXX
OWNER SECTION (proposed)
NAME Galderma S.A.
EMAIL XXXX
ARGUMENT(S)
The Examining Attorney has issued a 2(d) refusal claiming the applied-for mark is likely to be confused with the mark in U.S. Registration No. 5443036. Applicant has filed a Petition to Cancel U.S. Registration No. 5443036. As such, Applicant requests that this application be suspended pending the resolution of this cancellation action.
GOODS AND/OR SERVICES SECTION (005) (no change)
GOODS AND/OR SERVICES SECTION (010) (current)
INTERNATIONAL CLASS 010
DESCRIPTION
Medical devices, namely, implants in gel form sold individually or in a set for use in filling lines, wrinkles, scars, lips, for tightening the face and body and for rejuvenating the skin; syringes for medical purposes; injection syringes; injection devices for pharmaceutical products; medical devices, namely, implants for use in the field of skin care and skin treatments
GOODS AND/OR SERVICES SECTION (010) (proposed)
INTERNATIONAL CLASS 010
TRACKED TEXT DESCRIPTION
Medical devices, namely, implants in gel form sold individually or in a set for use in filling lines, wrinkles, scars, lips, for tightening the face and body and for rejuvenating the skin; Medical devices, namely, implants comprised of artificial material in gel form sold individually or in a set for use in filling lines, wrinkles, scars, lips, for tightening the face and body and for rejuvenating the skin; syringes for medical purposes; injection syringes; injection devices for pharmaceutical products; medical devices, namely, implants for use in the field of skin care and skin treatments; medical devices, namely, implants comprised of artificial material for use in the field of skin care and skin treatments
FINAL DESCRIPTION
Medical devices, namely, implants comprised of artificial material in gel form sold individually or in a set for use in filling lines, wrinkles, scars, lips, for tightening the face and body and for rejuvenating the skin; syringes for medical purposes; injection syringes; injection devices for pharmaceutical products; medical devices, namely, implants comprised of artificial material for use in the field of skin care and skin treatments
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the stylized wording "ABONT SYRINGE" with the word "SYRINGE" appearing above a design of the bottom half of a syringe.
CORRESPONDENCE INFORMATION (current)
NAME Camille M. Miller
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE cmiller@cozen.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER GALD0852WOUS
CORRESPONDENCE INFORMATION (proposed)
NAME Camille M. Miller
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE cmiller@cozen.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) lcosta@cozen.com; treginelli@cozen.com
DOCKET/REFERENCE NUMBER GALD0852WOUS
SIGNATURE SECTION
RESPONSE SIGNATURE /Camille M. Miller/
SIGNATORY'S NAME Camille M. Miller
SIGNATORY'S POSITION Attorney
SIGNATORY'S PHONE NUMBER 2156657273
DATE SIGNED 09/08/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Wed Sep 08 15:42:38 ET 2021
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20210908154238790064-7930
5222-7814e440ac49a9d214b8
c1807342b210f546b3a075f41
113ec91f64ff41a82272-N/A-
N/A-20210908152800514520



PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 79305222 ABONT SYRINGE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/7930522 2/large) has been amended as follows:

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

The Examining Attorney has issued a 2(d) refusal claiming the applied-for mark is likely to be confused with the mark in U.S. Registration No. 5443036. Applicant has filed a Petition to Cancel U.S. Registration No. 5443036. As such, Applicant requests that this application be suspended pending the resolution of this cancellation action.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Medical devices, namely, implants in gel form sold individually or in a set for use in filling lines, wrinkles, scars, lips, for tightening the face and body and for rejuvenating the skin; syringes for medical purposes; injection syringes; injection devices for pharmaceutical products; medical devices, namely, implants for use in the field of skin care and skin treatments
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: Medical devices, namely, implants in gel form sold individually or in a set for use in filling lines, wrinkles, scars, lips, for tightening the face and body and for rejuvenating the skin; Medical devices, namely, implants comprised of artificial material in gel form sold individually or in a set for use in filling lines, wrinkles, scars, lips, for tightening the face and body and for rejuvenating the skin; syringes for medical purposes; injection syringes; injection devices for pharmaceutical products; medical devices, namely, implants for use in the field of skin care and skin treatments; medical devices, namely, implants comprised of artificial material for use in the field of skin care and skin treatmentsClass 010 for Medical devices, namely, implants comprised of artificial material in gel form sold individually or in a set for use in filling lines, wrinkles, scars, lips, for tightening the face and body and for rejuvenating the skin; syringes for medical purposes; injection syringes; injection devices for pharmaceutical products; medical devices, namely, implants comprised of artificial material for use in the field of skin care and skin treatments

Webpage URL: None Provided
Webpage Date of Access: None Provided


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: Galderma S.A.      Email Address: XXXX

Proposed: Galderma S.A.,
      Email Address: XXXX

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "ABONT SYRINGE" with the word "SYRINGE" appearing above a design of the bottom half of a syringe.
Correspondence Information (current):
      Camille M. Miller
      PRIMARY EMAIL FOR CORRESPONDENCE: cmiller@cozen.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is GALD0852WOUS.
Correspondence Information (proposed):
      Camille M. Miller
      PRIMARY EMAIL FOR CORRESPONDENCE: cmiller@cozen.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lcosta@cozen.com; treginelli@cozen.com

The docket/reference number is GALD0852WOUS.

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).

SIGNATURE(S)
Response Signature
Signature: /Camille M. Miller/     Date: 09/08/2021
Signatory's Name: Camille M. Miller
Signatory's Position: Attorney

Signatory's Phone Number: 2156657273 Signature method: Signed directly within the form

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:    Camille M. Miller
   Cozen O'Connor
   Suite 2800
   1650 Market Street
   Philadelphia, Pennsylvania 19103
Mailing Address:    Camille M. Miller
   Cozen O'Connor
   Suite 2800
   1650 Market Street
   Philadelphia, Pennsylvania 19103
        
Serial Number: 79305222
Internet Transmission Date: Wed Sep 08 15:42:38 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202109081542387
90064-79305222-7814e440ac49a9d214b8c1807
342b210f546b3a075f41113ec91f64ff41a82272
-N/A-N/A-20210908152800514520



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