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 |
85967909 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85967909 |
LITERAL ELEMENT |
CRESEMBA |
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 |
Pharmaceutical preparations and substances, namely antifungals |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2013-42825 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
06/05/2013 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Pharmaceutical preparations and substances, namely antifungals |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2013-42825 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
06/05/2013 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
5627393 |
FOREIGN REGISTRATION
COUNTRY |
Japan |
FOREIGN REGISTRATION
DATE |
11/01/2013 |
FOREIGN EXPIRATION DATE |
11/01/2023 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-38104128234-172539182_._Registration_Certificate_No.5627393.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\859\679\85967909\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\859\679\85967909\xml4\ROA0003.JPG |
ORIGINAL PDF FILE |
FRU0-38104128234-172539182_._CRESEMBA_Translation_of_the_registration_certificate.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\859\679\85967909\xml4\ROA0004.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Applicant wishes to delete the 1(b) basis for registration subject to the USPTO's acceptance of the perfected section 44(e) basis. |
SIGNATURE SECTION |
ORIGINAL PDF FILE |
HS_38104128234-172539182_._Declaration_CRESEMBA.PDF |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\859\679\85967909\xml4\ROA0005.JPG |
SIGNATORY'S NAME |
Hiroshi Morita |
SIGNATORY'S POSITION |
Vice President, Intellectual Property |
SIGNATORY'S PHONE NUMBER |
contact attorney of record |
RESPONSE SIGNATURE |
/Jill K. Tomlinson/ |
SIGNATORY'S NAME |
Jill K. Tomlinson |
SIGNATORY'S POSITION |
Attorney for the applicant, New York State bar member |
SIGNATORY'S PHONE NUMBER |
212-775-8753 |
DATE SIGNED |
01/10/2014 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Jan 10 13:03:42 EST 2014 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20140110130342406799-8596
7909-500a82a6f8b7928dafea
1f208ada7929d556fbced6cd8
1ced1a428ae5d6b554c7f-N/A
-N/A-20140110123938952883 |
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.
85967909 CRESEMBA(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85967909) 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 and substances, namely antifungals
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[ Japan application number 2013-42825 filed 06/05/2013]. 15 U.S.C.Section
1126(d), as amended.
Proposed: Class 005 for Pharmaceutical preparations and substances, namely antifungals
Deleted Filing Basis: 1(b)
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 [ Japan application number 2013-42825 filed 06/05/2013]. 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 [ Japan registration number 5627393 registered 11/01/2013 with a
renewal date of __________ and an expiration date of 11/01/2023 ], 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.
Original PDF file:
FRU0-38104128234-172539182_._Registration_Certificate_No.5627393.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2
Original PDF file:
FRU0-38104128234-172539182_._CRESEMBA_Translation_of_the_registration_certificate.pdf
Converted PDF file(s) ( 1 page)
Foreign Registration-1
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant wishes to delete the 1(b) basis for registration subject to the USPTO's acceptance of the perfected section 44(e) basis.
SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_38104128234-172539182_._Declaration_CRESEMBA.PDF
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Hiroshi Morita
Signatory's Position: Vice President, Intellectual Property
Signatory's Phone Number: contact attorney of record
Response Signature
Signature: /Jill K. Tomlinson/ Date: 01/10/2014
Signatory's Name: Jill K. Tomlinson
Signatory's Position: Attorney for the applicant, New York State bar member
Signatory's Phone Number: 212-775-8753
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: 85967909
Internet Transmission Date: Fri Jan 10 13:03:42 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201401101303424
06799-85967909-500a82a6f8b7928dafea1f208
ada7929d556fbced6cd81ced1a428ae5d6b554c7
f-N/A-N/A-20140110123938952883