Response to Office Action

RAPZEDIN

Eli Lilly and Company

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 85350723
LAW OFFICE ASSIGNED LAW OFFICE 116
MARK SECTION
MARK http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85350723
LITERAL ELEMENT RAPZEDIN
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 005
DESCRIPTION
Veterinary preparations for companion animals in the treatment of weight loss, obesity, urine spraying, wound healing, hyperthyroidism, chronic pain, inflammation, gastrointestinal disorders, neurodegenerative disorders, parasitic infestations, neurological disorders, endocrine disorders, anxiety, hypertension, dermatitis, cancer, anemia associated with chronic renal failure, fleas, pain associated with orthopedic and soft tissue surgery, chronic kidney disease, and emesis; preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; veterinary preparations for the treatment, control and symptomatic relief of infectious and metabolic diseases of livestock; dietary food supplements for animals; antimicrobials for inhibiting microbiological decomposition in food and animal feed for food safety and food animal processing; antimicrobials for cleaning the animal during food animal processing; antimicrobials for inhibiting microbiological decomposition in food and animal feed for food safety and food animal processing; pathogen reduction that is in or on animals and that take the form of bacteria contaminants in meat which may be found in the livestock's digestive systems, or on the livestock during the harvest and processing phases; antibacterial pharmaceuticals; production enhancement for livestock, namely, medicated feed and medicated water additives; medicated feed additives and medicated water additives for livestock; diagnostic agents, preparations and substances to identify pathogens or residues of biological interest for veterinary use
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 005
TRACKED TEXT DESCRIPTION
Veterinary preparations for companion animals in the treatment of weight loss, obesity, urine spraying, wound healing, hyperthyroidism, chronic pain, inflammation, gastrointestinal disorders, neurodegenerative disorders, parasitic infestations, neurological disorders, endocrine disorders, anxiety, hypertension, dermatitis, cancer, anemia associated with chronic renal failure, fleas, pain associated with orthopedic and soft tissue surgery, chronic kidney disease, and emesis; preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; veterinary preparations for the treatment, control and symptomatic relief of infectious and metabolic diseases of livestock; dietary food supplements for animals; antimicrobials for inhibiting microbiological decomposition in food and animal feed for food safety and food animal processing; antimicrobials for cleaning the animal during food animal processing; antimicrobials for inhibiting microbiological decomposition in food and animal feed for food safety and food animal processing; pathogen reduction that is in or on animals and that take the form of bacteria contaminants in meat which may be found in the livestock's digestive systems, or on the livestock during the harvest and processing phases; pathogen reduction treatment preparation for use on treating bacteria contaminants in meat which may be found in the livestock's digestive systems, or on the livestock during the harvest and processing phases; antibacterial pharmaceuticals; production enhancement for livestock, namely, medicated feed and medicated water additives; veterinary preparation for use in livestock, namely, medicated feed and medicated water additives; medicated feed additives and medicated water additives for livestock; diagnostic agents, preparations and substances to identify pathogens or residues of biological interest for veterinary use
FINAL DESCRIPTION
Veterinary preparations for companion animals in the treatment of weight loss, obesity, urine spraying, wound healing, hyperthyroidism, chronic pain, inflammation, gastrointestinal disorders, neurodegenerative disorders, parasitic infestations, neurological disorders, endocrine disorders, anxiety, hypertension, dermatitis, cancer, anemia associated with chronic renal failure, fleas, pain associated with orthopedic and soft tissue surgery, chronic kidney disease, and emesis; preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; veterinary preparations for the treatment, control and symptomatic relief of infectious and metabolic diseases of livestock; dietary food supplements for animals; antimicrobials for inhibiting microbiological decomposition in food and animal feed for food safety and food animal processing; antimicrobials for cleaning the animal during food animal processing; antimicrobials for inhibiting microbiological decomposition in food and animal feed for food safety and food animal processing; pathogen reduction treatment preparation for use on treating bacteria contaminants in meat which may be found in the livestock's digestive systems, or on the livestock during the harvest and processing phases; antibacterial pharmaceuticals; veterinary preparation for use in livestock, namely, medicated feed and medicated water additives; medicated feed additives and medicated water additives for livestock; diagnostic agents, preparations and substances to identify pathogens or residues of biological interest for veterinary use
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
SIGNIFICANCE OF MARK RAPZEDIN appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.
SIGNATURE SECTION
RESPONSE SIGNATURE /blongbottom/
SIGNATORY'S NAME Bruce W. Longbottom
SIGNATORY'S POSITION Assistant General Counsel
SIGNATORY'S PHONE NUMBER 317-651-1346
DATE SIGNED 02/07/2012
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Feb 08 08:52:51 EST 2012
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
120208085251129031-853507
23-490b1f1f957dded2f3b9f6
3533423dcf877-N/A-N/A-201
20207154359938389



PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 85350723 RAPZEDIN(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85350723) 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 Veterinary preparations for companion animals in the treatment of weight loss, obesity, urine spraying, wound healing, hyperthyroidism, chronic pain, inflammation, gastrointestinal disorders, neurodegenerative disorders, parasitic infestations, neurological disorders, endocrine disorders, anxiety, hypertension, dermatitis, cancer, anemia associated with chronic renal failure, fleas, pain associated with orthopedic and soft tissue surgery, chronic kidney disease, and emesis; preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; veterinary preparations for the treatment, control and symptomatic relief of infectious and metabolic diseases of livestock; dietary food supplements for animals; antimicrobials for inhibiting microbiological decomposition in food and animal feed for food safety and food animal processing; antimicrobials for cleaning the animal during food animal processing; antimicrobials for inhibiting microbiological decomposition in food and animal feed for food safety and food animal processing; pathogen reduction that is in or on animals and that take the form of bacteria contaminants in meat which may be found in the livestock's digestive systems, or on the livestock during the harvest and processing phases; antibacterial pharmaceuticals; production enhancement for livestock, namely, medicated feed and medicated water additives; medicated feed additives and medicated water additives for livestock; diagnostic agents, preparations and substances to identify pathogens or residues of biological interest for veterinary use
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Veterinary preparations for companion animals in the treatment of weight loss, obesity, urine spraying, wound healing, hyperthyroidism, chronic pain, inflammation, gastrointestinal disorders, neurodegenerative disorders, parasitic infestations, neurological disorders, endocrine disorders, anxiety, hypertension, dermatitis, cancer, anemia associated with chronic renal failure, fleas, pain associated with orthopedic and soft tissue surgery, chronic kidney disease, and emesis; preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; veterinary preparations for the treatment, control and symptomatic relief of infectious and metabolic diseases of livestock; dietary food supplements for animals; antimicrobials for inhibiting microbiological decomposition in food and animal feed for food safety and food animal processing; antimicrobials for cleaning the animal during food animal processing; antimicrobials for inhibiting microbiological decomposition in food and animal feed for food safety and food animal processing; pathogen reduction that is in or on animals and that take the form of bacteria contaminants in meat which may be found in the livestock's digestive systems, or on the livestock during the harvest and processing phases; pathogen reduction treatment preparation for use on treating bacteria contaminants in meat which may be found in the livestock's digestive systems, or on the livestock during the harvest and processing phases; antibacterial pharmaceuticals; production enhancement for livestock, namely, medicated feed and medicated water additives; veterinary preparation for use in livestock, namely, medicated feed and medicated water additives; medicated feed additives and medicated water additives for livestock; diagnostic agents, preparations and substances to identify pathogens or residues of biological interest for veterinary useClass 005 for Veterinary preparations for companion animals in the treatment of weight loss, obesity, urine spraying, wound healing, hyperthyroidism, chronic pain, inflammation, gastrointestinal disorders, neurodegenerative disorders, parasitic infestations, neurological disorders, endocrine disorders, anxiety, hypertension, dermatitis, cancer, anemia associated with chronic renal failure, fleas, pain associated with orthopedic and soft tissue surgery, chronic kidney disease, and emesis; preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; veterinary preparations for the treatment, control and symptomatic relief of infectious and metabolic diseases of livestock; dietary food supplements for animals; antimicrobials for inhibiting microbiological decomposition in food and animal feed for food safety and food animal processing; antimicrobials for cleaning the animal during food animal processing; antimicrobials for inhibiting microbiological decomposition in food and animal feed for food safety and food animal processing; pathogen reduction treatment preparation for use on treating bacteria contaminants in meat which may be found in the livestock's digestive systems, or on the livestock during the harvest and processing phases; antibacterial pharmaceuticals; veterinary preparation for use in livestock, namely, medicated feed and medicated water additives; medicated feed additives and medicated water additives for livestock; diagnostic agents, preparations and substances to identify pathogens or residues of biological interest for veterinary use
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
RAPZEDIN appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /blongbottom/     Date: 02/07/2012
Signatory's Name: Bruce W. Longbottom
Signatory's Position: Assistant General Counsel

Signatory's Phone Number: 317-651-1346

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.

        
Serial Number: 85350723
Internet Transmission Date: Wed Feb 08 08:52:51 EST 2012
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20120208085251129
031-85350723-490b1f1f957dded2f3b9f635334
23dcf877-N/A-N/A-20120207154359938389



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