TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

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PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 85193912 has been amended as follows:

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

The Trademark Examiner has refused registration of applicant’s mark ACUGUARD for anti flea tablets for cats and dogs based on a prior registration for the mark OCU-GUARD MB, No. 2118487, for bovine vaccine owned by Boehringer Ingelheim Vetmedica, Inc.  The refusal of applicant’s application was made final by Office Action dated May 31, 2011. 

 

Applicant submits that its mark ACUGUARD for anti flea tablets for cats and dogs and the cited mark OCU-GUARD MB for bovine vaccine are not confusingly similar because of the differences between the marks and the respective goods.  Applicant reiterates the comments made in the submission filed on May 9, 2011 to the initial Office Action citing Registration No. 2118487. 

 

The owner of cited Registration No. 2118487 for the mark OCU-GUARD MB, Boehringer Ingelheim Vetmedica, Inc., which also owns a registration for the mark OCU-GUARD, No. 3339193, takes the position that the mark ACUGARD for anti flea tables for cats and dogs is not confusingly similar to the mark OCU-GUARD MB and the mark OCU-GUARD, for bovine vaccine.  Cited registrant has consented to use and registration of the mark ACUGUARD by applicant.  Attached hereto is the written consent of Boehringer Ingelheim Vetmedica, Inc. to the use and registration of the applicant’s mark ACUGUARD for anti flea tablets for cats and dogs. 

 

In view of the foregoing, favorable reconsideration of applicant’s application and acceptance of same for publication is requested. 

 

EVIDENCE
Evidence in the nature of Consent referred to in argument has been attached.
Original PDF file:
evi_1219128154-153339419_._111028_Consent_from_Boehringer_owner_of_OCU-GUARD.pdf
Converted PDF file(s) (1 page)
Evidence-1

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /johnmcone/     Date: 10/31/2011
Signatory's Name: John M. Cone
Signatory's Position: Attorney of Record

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: 85193912
Internet Transmission Date: Mon Oct 31 15:37:32 EDT 2011
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2011103115373282
0333-85193912-4807244e4a32bab92aaf741e7a
1f223bf1-N/A-N/A-20111031153339419488