TEAS Request Reconsideration after FOA

PTO Form 1960 (Rev 9/2007)

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

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PTO Form 1960 (Rev 9/2007)

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

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 85476589 AFIGILE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85476589) 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 Pharmaceutical preparations, namely, pharmaceutical preparations for the diagnosis and treatment of alcohol use disorders, Alzheimer's, anxiety disorders, atherosclerosis, autoimmune diseases and disorders, blood disorders, bone and skeletal diseases and disorders, cancer, cardiovascular diseases, central nervous system diseases and disorders, cholesterol disorders, cystic fibrosis, dementia, dermatological diseases and disorders, diabetes, dyslipidemia, endocrine diseases and disorders, gastrointestinal diseases and disorders, hormonal diseases and disorders, inflammation and inflammatory diseases and disorders, kidney diseases and disorders, liver diseases and disorders, metabolic diseases and disorders, migraines, muscle diseases and disorders, neurodegenerative diseases and disorders, neurological disorders, obesity, pain, pancreatic diseases and disorders, psychiatric disorders, reproductive system diseases and disorders, sleep disorders, urological disorders; antipsychotic pharmaceutical preparations; antidepressants; Veterinary preparations, namely, vaccines, antimicrobials, antivirals, immunorestorative biopharmaceuticals, and other medicinal drugs for the prevention and treatment of viral, infectious, non-infectious and metabolic diseases in animals; medicated feed and water additives for animals; veterinary preparations for controlling and destroying vermin; namely, ectoparasiticides, insecticides and parasiticides; veterinary hormone preparations and hormone preparation implants for animals; Veterinary preparations for food safety, food animal processing and food animal processing aids, namely, bacteriophage, antimicrobials and vaccines to reduce levels of food borne pathogens carried in or on livestock, poultry or meat and to inhibit microbial decomposition in food and animal feed; diagnostic agents, tests, and preparations and substances to identify pathogens and residues of biological interest for veterinary use; Veterinary preparations for companion animals, namely to treat parasitic infections, diabetes, endocrine disorders, obesity, blood disorders, dental and oral diseases, pain, inflammation, gastrointestinal disorders, central nervous system disorders, neurological and neurodegenerative disorders, cardiovascular conditions, dermatologic conditions, urogenital and urinary conditions, osteoarthritis, otitis, wound healing, infections, allergy atopic conditions, liver diseases and disorders, nonsurgical sterilization; veterinary preparations for treating and preventing fleas on companion animals; veterinary preparations, namely vaccines for companion animals
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: Pharmaceutical preparations, namely, pharmaceutical preparations for the diagnosis and treatment of alcohol use disorders, Alzheimer's, anxiety disorders, atherosclerosis, autoimmune diseases and disorders, blood disorders, bone and skeletal diseases and disorders, cancer, cardiovascular diseases, central nervous system diseases and disorders, cholesterol disorders, cystic fibrosis, dementia, dermatological diseases and disorders, diabetes, dyslipidemia, endocrine diseases and disorders, gastrointestinal diseases and disorders, hormonal diseases and disorders, inflammation and inflammatory diseases and disorders, kidney diseases and disorders, liver diseases and disorders, metabolic diseases and disorders, migraines, muscle diseases and disorders, neurodegenerative diseases and disorders, neurological disorders, obesity, pain, pancreatic diseases and disorders, psychiatric disorders, reproductive system diseases and disorders, sleep disorders, urological disorders; antipsychotic pharmaceutical preparations; antidepressants; Veterinary preparations, namely, vaccines, antimicrobials, antivirals, immunorestorative biopharmaceuticals, and other medicinal drugs for the prevention and treatment of viral, infectious, non-infectious and metabolic diseases in animals; Veterinary preparations, namely, vaccines, oral and injectable antimicrobial preparations for the treatment and control of infectious diseases in food producing animals and livestock, immunorestorative biopharmaceuticals, and other medicinal drugs for the prevention and treatment of viral, infectious, and metabolic diseases in animals; medicated feed and water additives for animals; medicated animal feed and water additives in the nature of dietary supplements for production enhancement for livestock; veterinary preparations for controlling and destroying vermin; veterinary preparations for controlling and destroying vermin, namely, ectoparasiticides, insecticides and parasiticides; namely, ectoparasiticides, insecticides and parasiticides; Veterinary hormone preparations and hormone preparation implants for animals, namely, progesterone, estrogen and testosterone; veterinary hormone preparations and hormone preparation implants for animals; Veterinary preparations for food safety, food animal processing and food animal processing aids, namely, bacteriophage, antimicrobials and vaccines to reduce levels of food borne pathogens carried in or on livestock, poultry or meat and to inhibit microbial decomposition in food and animal feed; veterinary preparations, namely, medical diagnostic agents, tests, and preparations and substances to identify pathogens and residues of biological interest for veterinary use; diagnostic agents, tests, and preparations and substances to identify pathogens and residues of biological interest for veterinary use; Veterinary preparations for companion animals, namely to treat parasitic infections, diabetes, endocrine disorders, obesity, blood disorders, dental and oral diseases, pain, inflammation, gastrointestinal disorders, central nervous system disorders, neurological and neurodegenerative disorders, cardiovascular conditions, dermatologic conditions, urogenital and urinary conditions, osteoarthritis, otitis, wound healing, infections, allergy atopic conditions, liver diseases and disorders and nonsurgical sterilization, namely, hormones for the control/prevention of reproductive functions; Veterinary preparations for companion animals, namely to treat parasitic infections, diabetes, endocrine disorders, obesity, blood disorders, dental and oral diseases, pain, inflammation, gastrointestinal disorders, central nervous system disorders, neurological and neurodegenerative disorders, cardiovascular conditions, dermatologic conditions, urogenital and urinary conditions, osteoarthritis, otitis, wound healing, infections, allergy atopic conditions, liver diseases and disorders, nonsurgical sterilization; veterinary preparations for treating and preventing fleas on companion animals; veterinary preparations, namely vaccines for companion animalsClass 005 for Pharmaceutical preparations, namely, pharmaceutical preparations for the diagnosis and treatment of alcohol use disorders, Alzheimer's, anxiety disorders, atherosclerosis, autoimmune diseases and disorders, blood disorders, bone and skeletal diseases and disorders, cancer, cardiovascular diseases, central nervous system diseases and disorders, cholesterol disorders, cystic fibrosis, dementia, dermatological diseases and disorders, diabetes, dyslipidemia, endocrine diseases and disorders, gastrointestinal diseases and disorders, hormonal diseases and disorders, inflammation and inflammatory diseases and disorders, kidney diseases and disorders, liver diseases and disorders, metabolic diseases and disorders, migraines, muscle diseases and disorders, neurodegenerative diseases and disorders, neurological disorders, obesity, pain, pancreatic diseases and disorders, psychiatric disorders, reproductive system diseases and disorders, sleep disorders, urological disorders; antipsychotic pharmaceutical preparations; antidepressants; Veterinary preparations, namely, vaccines, oral and injectable antimicrobial preparations for the treatment and control of infectious diseases in food producing animals and livestock, immunorestorative biopharmaceuticals, and other medicinal drugs for the prevention and treatment of viral, infectious, and metabolic diseases in animals; medicated animal feed and water additives in the nature of dietary supplements for production enhancement for livestock; veterinary preparations for controlling and destroying vermin, namely, ectoparasiticides, insecticides and parasiticides; Veterinary hormone preparations and hormone preparation implants for animals, namely, progesterone, estrogen and testosterone; Veterinary preparations for food safety, food animal processing and food animal processing aids, namely, bacteriophage, antimicrobials and vaccines to reduce levels of food borne pathogens carried in or on livestock, poultry or meat and to inhibit microbial decomposition in food and animal feed; veterinary preparations, namely, medical diagnostic agents, tests, and preparations and substances to identify pathogens and residues of biological interest for veterinary use; Veterinary preparations for companion animals, namely to treat parasitic infections, diabetes, endocrine disorders, obesity, blood disorders, dental and oral diseases, pain, inflammation, gastrointestinal disorders, central nervous system disorders, neurological and neurodegenerative disorders, cardiovascular conditions, dermatologic conditions, urogenital and urinary conditions, osteoarthritis, otitis, wound healing, infections, allergy atopic conditions, liver diseases and disorders and nonsurgical sterilization, namely, hormones for the control/prevention of reproductive functions; veterinary preparations for treating and preventing fleas on companion animals; veterinary preparations, namely vaccines for companion animals
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.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /reljr44/     Date: 02/08/2013
Signatory's Name: Robert E. Lee, Jr.
Signatory's Position: Assistant General Patent Counsel

Signatory's Phone Number: 317-276-9624

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: 85476589
Internet Transmission Date: Fri Feb 08 12:57:35 EST 2013
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XX-20130208125735438
856-85476589-5002de99cb15a5f8db2c1c4a58d
8c2d1be04466ff465c829fbf1c4a7cbdc869c9-N
/A-N/A-20130208124918839566