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 |
85775576 |
LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85775576 |
LITERAL ELEMENT |
NUGEN |
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. |
ARGUMENT(S) |
Applicant elects not to submit arguments at this time addressing any potential conflict between applicant's mark and pending Application Serial No. 85/206,992 on the mark NUGEN
PHARMACY.
The corresponding Australian trademark has proceeded to registration, however the certificate of registration has not yet issued.
|
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Dietetic food and substances; food for babies; baby and infant formula; powdered milk foods and products for babies and infants;
dietary supplements; vitamin preparations |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1493053 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
05/25/2012 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION
COUNTRY |
Australia |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Dietetic food and substances; Food for babies; baby
and infant formula; infant formula mixes; powdered milk foods and products for babies and infants; milk powder for babies and infants; milk powder for foodstuffs for babies and infants; milk powder
for nutritional purposes for babies and infants; dietary supplements; vitamin preparations |
FINAL DESCRIPTION |
Food for babies; baby and infant formula; infant formula mixes; milk powder for babies and infants; milk powder for foodstuffs for
babies and infants; milk powder for nutritional purposes for babies and infants; dietary supplements; vitamin preparations |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1493053 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
05/25/2012 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION
COUNTRY |
Australia |
GOODS AND/OR SERVICES SECTION (029)(current) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
Dairy products; milk and milk products including powdered milk products; edible oils and fats |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FILING BASIS |
Section 44(e) |
GOODS AND/OR SERVICES SECTION (029)(proposed) |
INTERNATIONAL CLASS |
029 |
TRACKED TEXT DESCRIPTION |
Dairy products; Dairy products excluding ice cream, ice milk and
frozen yogurt; milk and milk products including powdered milk products; milk and milk products including powdered milk
products and excluding ice cream, ice milk and frozen yogurt; edible oils and fats |
FINAL DESCRIPTION |
Dairy products excluding ice cream, ice milk and frozen yogurt; milk and milk products including powdered milk products and excluding
ice cream, ice milk and frozen yogurt; edible oils and fats |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1493053 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
05/25/2012 |
FILING BASIS |
Section 44(e) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Michael C. Gilchrist/ |
SIGNATORY'S NAME |
Michael C. Gilchrist |
SIGNATORY'S POSITION |
Attorney of record, Iowa bar member |
SIGNATORY'S PHONE NUMBER |
515-288-3667 |
DATE SIGNED |
06/13/2013 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jun 13 16:59:56 EDT 2013 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0130613165956647704-85775
576-50011a4bb9d641a45be33
334b948e7227cf413134ee8eb
dabf53d6f564d189d0-N/A-N/
A-20130613165708636089 |
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.
85775576 NUGEN(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85775576) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant elects not to submit arguments at this time addressing any potential conflict between applicant's mark and pending Application Serial No. 85/206,992 on the mark NUGEN
PHARMACY.
The corresponding Australian trademark has proceeded to registration, however the certificate of registration has not yet issued.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Dietetic food and substances; food for babies; baby and infant formula; powdered milk foods and products for babies and infants; dietary supplements; vitamin
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Australia application number 1493053 filed 05/25/2012]. 15 U.S.C.Section
1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Australia registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Dietetic food and substances;
Food for babies;
baby and infant formula;
infant formula mixes;
powdered milk foods and products for babies and infants;
milk powder
for babies and infants;
milk powder for foodstuffs for babies and infants;
milk powder for nutritional purposes for babies
and infants;
dietary supplements;
vitamin preparationsClass 005 for Food for babies; baby and infant formula; infant formula mixes; milk
powder for babies and infants; milk powder for foodstuffs for babies and infants; milk powder for nutritional purposes for babies and infants; dietary supplements; vitamin preparations
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Australia application number 1493053 filed 05/25/2012]. 15 U.S.C.Section
1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Australia registration number __________ registered __________
with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Dairy products; milk and milk products including powdered milk products; edible oils and fats
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.
Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign
registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Dairy products;
Dairy products excluding ice cream, ice milk and frozen yogurt;
milk and milk products including powdered milk products;
milk and milk products including powdered milk products and excluding ice cream,
ice milk and frozen yogurt;
edible oils and fatsClass 029 for Dairy products excluding ice cream, ice milk and frozen yogurt; milk and milk products including
powdered milk products and excluding ice cream, ice milk and frozen yogurt; edible oils and fats
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Australia application number 1493053 filed 05/25/2012]. 15 U.S.C.Section
1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________
with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
SIGNATURE(S)
Response Signature
Signature: /Michael C. Gilchrist/ Date: 06/13/2013
Signatory's Name: Michael C. Gilchrist
Signatory's Position: Attorney of record, Iowa bar member
Signatory's Phone Number: 515-288-3667
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: 85775576
Internet Transmission Date: Thu Jun 13 16:59:56 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2013061316595664
7704-85775576-50011a4bb9d641a45be33334b9
48e7227cf413134ee8ebdabf53d6f564d189d0-N
/A-N/A-20130613165708636089