Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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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. 85467218 SKYLA (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85467218) 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 Amino acids for medical or veterinary purposes; Bacterial and bacteriological preparations for medical or veterinary purposes; Biochemical preparations for medical or veterinary purposes; Biological and chemical preparations and reagents for medical or veterinary use; Biological indicators for monitoring sterilization processes for medical or veterinary purposes; Biological tissue cultures for veterinary purposes; Chemical reagents for medical or veterinary purposes; Clinical medical reagents for processing human whole blood and its components for use in blood transfusions stored in bags, bottles, syringes and other such containers used to store such substances in the medical field; Diagnostic preparations for medical or veterinary purposes; Diagnostic reagents and contrast media for medical use; Drug testing kits comprised of medical diagnostic reagents and assays for testing body fluids; Electrophoresis gels for medical or veterinary purposes; Greases and petroleum jelly for medical or veterinary purposes; Medical diagnostic reagents and assays for testing of body fluids; Medical diagnostic reagents and assays for testing body fluids for microorganisms; Medical diagnostic reagents for the analysis of body fluids; Molecular complex for the delivery of non-radical oxygen for medicinal, surgical, therapeutic or veterinary purposes; Nucleic acid sequences and chemical reagents for medical and veterinary purposes; Plant extracts for medical, veterinary and pharmaceutical purposes; Reagents and media for medical and veterinary diagnostic purposes; Reagents for medical 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: Amino acids for medical or veterinary purposes; Bacterial and bacteriological preparations for medical or veterinary purposes; Biochemical preparations for medical or veterinary purposes; Biochemical preparations for medical or veterinary purposes, namely, preparations for blood analysis and body fluid analysis; Biological and chemical preparations and reagents for medical or veterinary use; Biological and chemical preparations and reagents for medical or veterinary use, namely, reagents for biochemistry analysis, immunoassay and nucleic acid testing; Biological indicators for monitoring sterilization processes for medical or veterinary purposes; Biological tissue cultures for veterinary purposes; Chemical reagents for medical or veterinary purposes; Clinical medical reagents for processing human whole blood and its components for use in blood transfusions stored in bags, bottles, syringes and other such containers used to store such substances in the medical field; Diagnostic preparations for medical or veterinary purposes; Diagnostic reagents and contrast media for medical use; Drug testing kits comprised of medical diagnostic reagents and assays for testing body fluids; Electrophoresis gels for medical or veterinary purposes; Greases and petroleum jelly for medical or veterinary purposes; Medical diagnostic reagents and assays for testing of body fluids; Medical diagnostic reagents and assays for testing body fluids for microorganisms; Medical diagnostic reagents for the analysis of body fluids; Molecular complex for the delivery of non-radical oxygen for medicinal, surgical, therapeutic or veterinary purposes; Nucleic acid sequences and chemical reagents for medical and veterinary purposes; Plant extracts for medical, veterinary and pharmaceutical purposes; Reagents and media for medical and veterinary diagnostic purposes; Reagents for medical useClass 005 for Amino acids for medical or veterinary purposes; Bacterial and bacteriological preparations for medical or veterinary purposes; Biochemical preparations for medical or veterinary purposes, namely, preparations for blood analysis and body fluid analysis; Biological and chemical preparations and reagents for medical or veterinary use, namely, reagents for biochemistry analysis, immunoassay and nucleic acid testing; Biological indicators for monitoring sterilization processes for medical or veterinary purposes; Biological tissue cultures for veterinary purposes; Chemical reagents for medical or veterinary purposes; Clinical medical reagents for processing human whole blood and its components for use in blood transfusions stored in bags, bottles, syringes and other such containers used to store such substances in the medical field; Diagnostic preparations for medical or veterinary purposes; Diagnostic reagents and contrast media for medical use; Drug testing kits comprised of medical diagnostic reagents and assays for testing body fluids; Electrophoresis gels for medical or veterinary purposes; Greases and petroleum jelly for medical or veterinary purposes; Medical diagnostic reagents and assays for testing of body fluids; Medical diagnostic reagents and assays for testing body fluids for microorganisms; Medical diagnostic reagents for the analysis of body fluids; Molecular complex for the delivery of non-radical oxygen for medicinal, surgical, therapeutic or veterinary purposes; Nucleic acid sequences and chemical reagents for medical and veterinary purposes; Plant extracts for medical, veterinary and pharmaceutical purposes; Reagents and media for medical and veterinary diagnostic purposes; Reagents for medical 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
Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 3803996 and 3845790.


SIGNATURE(S)
Response Signature
Signature: /Nelson A. Quintero/     Date: 03/26/2012
Signatory's Name: Nelson A. Quintero
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 310-909-8535

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: 85467218
Internet Transmission Date: Mon Mar 26 14:07:11 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20120326140711967
858-85467218-49066b1fa1cc3f1b49f1e6631ed
6fa4cac-N/A-N/A-20120326134357521369