Preliminary Amendment

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 1966 (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 1966 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

Voluntary Amendment

To the Commissioner for Trademarks:

Application serial no. 87144987 MOHRUS (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/87144987/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 Medicated transdermal patches, plasters, pads and cataplasms for relief of the aches of rheumatoid arthritis, and the aches and pains of muscles, joints and tendons; anti-inflammatory and analgesic agents; other pharmaceuticals in the form of patches, plasters, pads, cataplasms and creams for use in the treatment of lumbago, namely, muscular and fascial lumbago, spondylosis deformans discopathy, and sprain of lumbar spine, osteoarthiritis, humeroscapular periarthritis, tendinitis, tendo-vaginitis, peritendinitis, humeral epicondylitis, tennis elbow, myalgia and post-traumatic swelling and pain; adhesive plasters for medical use; bandages for dressings
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(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 4470872 registered 04/27/2001 with a renewal date of 04/27/2011 and an expiration date of 04/27/2021 ], 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: Class 005 for Medicated transdermal patches, plasters, pads and cataplasms for relief of the aches of rheumatoid arthritis, and the aches and pains of muscles, joints and tendons; anti-inflammatory and analgesic agents; other pharmaceuticals in the form of patches, plasters, pads, cataplasms and creams for use in the treatment of lumbago, namely, muscular and fascial lumbago, spondylosis deformans discopathy, and sprain of lumbar spine, osteoarthiritis, humeroscapular periarthritis, tendinitis, tendo-vaginitis, peritendinitis, humeral epicondylitis, tennis elbow, myalgia and post-traumatic swelling and pain; adhesive plasters for medical use; bandages for dressings
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(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 4470872 registered 04/27/2001 with a renewal date of 04/27/2011 and an expiration date of 04/27/2021 ], 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:
FRU0-6323611269-234455780_._CERTIFICATE_OF_TRADEMARK_REGISTRATION.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant submits a copy of Japanese Registration No. 4470872 for the MOHRUS (stylized) mark, including an English translation signed by the translator. In addition, Applicant submits a copy of the renewal documents (recorded with the Japan Patent Office Registration Division on November 9, 2010), extending the duration of the registration for 10 additional years. If the submission of this registration certificate and renewal document is sufficient to support registration under Section 44(e), Applicant hereby requests that the Examining Attorney delete the Section 1(b) intent-to-use basis from the application.


SIGNATURE(S)
Voluntary Amendment Signature
Signature: /Kazuyo Morita/     Date: 10/03/2016
Signatory's Name: Kazuyo Morita
Signatory's Position: Attorney for Applicant, Colorado Bar Member

Signatory's Phone Number: 3034732701

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.

        
Serial Number: 87144987
Internet Transmission Date: Mon Oct 03 23:55:07 EDT 2016
TEAS Stamp: USPTO/PRA-XX.XXX.XXX.XX-2016100323550772
1380-87144987-57022588534485431d9369f2ae
869c3313fcd6e599105654bf5db0bbfc6ead57a3
-N/A-N/A-20161003234455780777