Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
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 |
86760348 |
LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
MARK SECTION |
MARK FILE NAME |
http://tmng-al.gov.uspto.report/resting2/api/img/86760348/large |
LITERAL ELEMENT |
ESBRIET (PIRFENIDONE) INSPIRATION PROGRAM |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of A SQUARE TURNED 45 DEGREES WITH LINES INSIDE THE SQUARE MEETING AT THE CENTER FORMING TRIANGLES. |
GOODS AND/OR SERVICES SECTION (016)(current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Printed materials in the field of idiopathic pulmonary fibrosis |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016)(proposed) |
INTERNATIONAL CLASS |
016 |
TRACKED TEXT DESCRIPTION |
Printed materials in the field of idiopathic pulmonary fibrosis; Printed materials, namely, brochures in the field of idiopathic pulmonary fibrosis |
FINAL DESCRIPTION |
Printed materials, namely, brochures in the field of idiopathic pulmonary fibrosis |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Administration of patient information for others and operation of telephone call centers for others |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Administration of patient information for others and operation of telephone call centers for
others; Administration services, namely, managing a database of patient information for others; operation of telephone call
centers for others |
FINAL DESCRIPTION |
Administration services, namely, managing a database of patient information for others; operation of telephone call centers for
others |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Educational services, namely, classes, seminars, lectures, counseling and information services all in the field of the diagnosis and
treatment of idiopathic pulmonary fibrosis |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Educational services, namely, classes, seminars, lectures, counseling and information services all in
the field of the diagnosis and treatment of idiopathic pulmonary fibrosis; Educational services, namely, providing classes, seminars, and lectures, all in the
field of the diagnosis and treatment of idiopathic pulmonary fibrosis |
FINAL DESCRIPTION |
Educational services, namely, providing classes, seminars, and lectures, all in the field of the diagnosis and treatment of idiopathic
pulmonary fibrosis |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (044)(class added) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Information services in the field of diagnosing and treating idiopathic pulmonary fibrosis |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use "PIRFENIDONE" and "PROGRAM" apart from the mark as shown. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the wording "ESBRIET (PIRFENIDONE) INSPIRATION PROGRAM" appearing to the right of a square turned 45 degrees with lines
inside the square meeting at the center forming triangles. |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/SHAMEEK GHOSE/ |
SIGNATORY'S NAME |
SHAMEEK GHOSE |
SIGNATORY'S POSITION |
PATENT AND TRADEMARK COUNSEL & AUTHORIZED CORPORATE SIGNATORY |
SIGNATORY'S PHONE NUMBER |
650-467-1936 |
DATE SIGNED |
03/15/2016 |
RESPONSE SIGNATURE |
/SHAMEEK GHOSE/ |
SIGNATORY'S NAME |
SHAMEEK GHOSE |
SIGNATORY'S POSITION |
PATENT AND TRADEMARK COUNSEL AND AUTHORIZED CORPORATE SIGNATORY |
SIGNATORY'S PHONE NUMBER |
650-467-1936 |
DATE SIGNED |
03/15/2016 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Mar 15 14:54:53 EDT 2016 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0160315145453789472-86760
348-5506ebfef46c59090c273
df88b39dbed27d3fa937a4a2a
3bc4064107f1025ca5af-DA-1
223-20160315141137110230 |
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
86760348 ESBRIET (PIRFENIDONE) INSPIRATION PROGRAM (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86760348/large) 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 016 for Printed materials in the field of idiopathic pulmonary fibrosis
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: Printed materials in the field of idiopathic pulmonary fibrosis;
Printed materials, namely,
brochures in the field of idiopathic pulmonary fibrosisClass 016 for Printed materials, namely, brochures in the field of idiopathic pulmonary fibrosis
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Administration of patient information for others and operation of telephone call centers for others
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: Administration of patient information for others and operation of telephone call centers for others;
Administration services, namely, managing a database of patient information for others;
operation of telephone call centers for othersClass 035 for
Administration services, namely, managing a database of patient information for others; operation of telephone call centers for others
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services, namely, classes, seminars, lectures, counseling and information services all in the field of the diagnosis and treatment of idiopathic pulmonary
fibrosis
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: Educational services, namely, classes, seminars, lectures, counseling and information services all in the field of the diagnosis and
treatment of idiopathic pulmonary fibrosis;
Educational services, namely, providing classes, seminars, and lectures, all in the field of the diagnosis and
treatment of idiopathic pulmonary fibrosisClass 041 for Educational services, namely, providing classes, seminars, and lectures, all in the field of the diagnosis and treatment of idiopathic
pulmonary fibrosis
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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 044 for Information services in the field of diagnosing and treating idiopathic pulmonary fibrosis
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
Disclaimer
No claim is made to the exclusive right to use "PIRFENIDONE" and "PROGRAM" apart from the mark as shown.
Description of mark
The mark consists of the wording "ESBRIET (PIRFENIDONE) INSPIRATION PROGRAM" appearing to the right of a square turned 45 degrees with lines inside the square meeting at the center forming
triangles.
FEE(S)
Fee(s) in the amount of $275 is being submitted.
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /SHAMEEK GHOSE/ Date: 03/15/2016
Signatory's Name: SHAMEEK GHOSE
Signatory's Position: PATENT AND TRADEMARK COUNSEL & AUTHORIZED CORPORATE SIGNATORY
Signatory's Phone Number: 650-467-1936
Response Signature
Signature: /SHAMEEK GHOSE/ Date: 03/15/2016
Signatory's Name: SHAMEEK GHOSE
Signatory's Position: PATENT AND TRADEMARK COUNSEL AND AUTHORIZED CORPORATE SIGNATORY
Signatory's Phone Number: 650-467-1936
The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal
authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power
of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.
RAM Sale Number: 86760348
RAM Accounting Date: 03/16/2016
Serial Number: 86760348
Internet Transmission Date: Tue Mar 15 14:54:53 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2016031514545378
9472-86760348-5506ebfef46c59090c273df88b
39dbed27d3fa937a4a2a3bc4064107f1025ca5af
-DA-1223-20160315141137110230