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. 85476614 TALTZ(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85476614) 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
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 preparationsClass 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
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)
Response Signature
Signature: /blongbottom/     Date: 08/29/2012
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: 85476614
Internet Transmission Date: Fri Aug 31 08:43:12 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20120831084312676
970-85476614-49013934f7cb1bee1429c91979a
8d95e30-N/A-N/A-20120829143320583384