Response to Office Action

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)

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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. 86888221 SYNB(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86888221/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 005 for Diagnostic products; research, development and commercialization of therapeutic products using engineered or biologically modified microbes; research, development and commercialization of diagnostic products using engineered or biologically modified microbes; Pharmaceutical preparations and therapeutic agents in the nature of engineered or biologically-modified microbes for the treatment of gastrointestinal diseases and disorders, inflammatory diseases and disorders, autoimmune diseases and disorders, metabolic diseases and disorders, genetic diseases and disorders, cancer, respiratory diseases and disorders, neurological diseases and disorders, infectious diseases and disorders, dermatological diseases and disorders, genitourinary diseases and disorders and other diseases and disorders
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: Diagnostic products; Diagnostic products, namely, diagnostic preparations for clinical or medical laboratory use; research, development and commercialization of therapeutic products using engineered or biologically modified microbes; research, development and commercialization of diagnostic products using engineered or biologically modified microbes; Pharmaceutical preparations and therapeutic agents in the nature of engineered or biologically-modified microbes for the treatment of gastrointestinal diseases and disorders, inflammatory diseases and disorders, autoimmune diseases and disorders, metabolic diseases and disorders, genetic diseases and disorders, cancer, respiratory diseases and disorders, neurological diseases and disorders, infectious diseases and disorders, dermatological diseases and disorders, genitourinary diseases and disorders and other diseases and disordersClass 005 for Diagnostic products, namely, diagnostic preparations for clinical or medical laboratory use
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 010 for Pharmaceutical preparations and therapeutic agents in the nature of engineered or biologically-modified microbes for the treatment of gastrointestinal diseases and disorders, inflammatory diseases and disorders, autoimmune diseases and disorders, metabolic diseases and disorders, genetic diseases and disorders, cancer, respiratory diseases and disorders, neurological diseases and disorders, infectious diseases and disorders, dermatological diseases and disorders, genitourinary diseases and disorders and other diseases and disorders
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 042 for Research, development and commercialization of therapeutic products using engineered or biologically modified microbes; research, development and commercialization of diagnostic products using engineered or biologically modified microbes
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
Significance of wording, letter(s), or numeral(s)
SYNB appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


FEE(S)
Fee(s) in the amount of $550 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.

Response Signature
Signature: /CMBAKER/     Date: 09/18/2016
Signatory's Name: Christine M. Baker
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 212-692-6236

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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.

        
RAM Sale Number: 86888221
RAM Accounting Date: 09/19/2016
        
Serial Number: 86888221
Internet Transmission Date: Sun Sep 18 17:31:49 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201609181731496
33472-86888221-550956557c98593b984719e7d
6d6ded9dcee999cf815e56b26aa86dcb67959a62
0-DA-7597-20160918171638956580