| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 87141417 |
| LAW OFFICE ASSIGNED | LAW OFFICE 104 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/87141417/mark.png |
| LITERAL ELEMENT | APPLIED BIOSYSTEMS |
| 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) | |
|
In response to the Office Action issued on December 6, 2016, the Applicant requests to enter a disclaimer of the term BIOSYSTEMS and a §2(f) Claim of Acquired Distinctiveness, based on Five or More Year's Use and an Active Prior Registration for the mark APPLIED BIOSYSTEMS as a whole. Applicant has filed a separate Allegation of Use to amend the filing basis to 1(a).
Accordingly, Applicant respectfully requests that the Examining Attorney withdraw the §2(e) descriptiveness refusal and approve the application for publication. If however, the Examining Attorney maintains the descriptiveness refusal, Applicant reserves the right to argue further against the refusal at that time.
|
|
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use BIOSYSTEMS apart from the mark as shown. |
| SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use | The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement. |
| SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s) | The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4070856 |
| SIGNATURE SECTION | |
| 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 | /Phil Makrogiannis/ |
| SIGNATORY'S NAME | Phil Makrogiannis |
| SIGNATORY'S POSITION | Attorney of record, California bar member |
| SIGNATORY'S PHONE NUMBER | 760-476-6945 |
| DATE SIGNED | 05/31/2017 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Jun 01 12:25:13 EDT 2017 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XX- 20170601122513471740-8714 1417-59014ed88c4dce452b9c 6802ffd1253cadafeba96e8b2 1be5d4e3373fad1ee61bf-N/A -N/A-20170531155157027736 |
| 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) |
In response to the Office Action issued on December 6, 2016, the Applicant requests to enter a disclaimer of the term BIOSYSTEMS and a §2(f) Claim of Acquired Distinctiveness, based on Five or More Year's Use and an Active Prior Registration for the mark APPLIED BIOSYSTEMS as a whole.
Applicant has filed a separate Allegation of Use to amend the filing basis to 1(a).
Accordingly, Applicant respectfully requests that the Examining Attorney withdraw the §2(e) descriptiveness refusal and approve the application for publication. If however, the Examining Attorney maintains the descriptiveness refusal, Applicant reserves the right to argue further against the refusal at that time.