Request for Reinstatement Received

ONGENTYS

Bial-Portela & Ca., S.A.

Request for Reinstatement

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 No Form Number (Rev 01/2012)
OMB No. 0651-0061 (Exp 09/30/2021)

Request for Reinstatement


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87287410
MARK SECTION
MARK FILE NAME http://uspto.report/TM/87287410/mark.png
LITERAL ELEMENT ONGENTYS
FORM TEXT
On December 9, 2018, the USPTO issued an Office Action in connection with Bial-Portela & Ca., S.A.'s ("Applicant") trademark application to register ONGENTYS (U.S. Trademark Ser. No. 87/287,410).  The Office Action advised:  

"If applicant does not respond to this Office action within the six-month period for response, the following goods and/or services in International Class(es) 5 will be deleted from the application:  'preparations for destroying vermin; Fungicides; Herbicides.'   The application will then proceed with the following goods and/or services in International Class(es) 5 only:  'Pharmaceutical preparations for the treatment of diseases and disorders of the central and peripheral nervous system, movement disorders, Parkinson's disease and Parkinsonian disorders and restless legs syndrome; dietetic foods and beverages adapted for medical use; food for babies; plasters for medical purposes; materials for dressings, namely, wound dressings; material for stopping teeth; dental wax; disinfectants.'"   

Instead of deleting "preparations for destroying vermin; Fungicides; Herbicides" from the application, the entire application was abandoned on July 24, 2019.  Applicant requests that the instant application be reinstated due to this USPTO error.  As can be seen from the language of the attached Office Action, the abandonment of the application was not an outcome that Applicant had expected.


        ATTACHMENT(S)
       ORIGINAL PDF FILE 87287410_2019712111622346.pdf
       CONVERTED PDF FILE(S)
       (6 pages)
\\TICRS\EXPORT17\IMAGEOUT17\872\874\87287410\xml18\RRI0002.jpg
        \\TICRS\EXPORT17\IMAGEOUT17\872\874\87287410\xml18\RRI0003.jpg
        \\TICRS\EXPORT17\IMAGEOUT17\872\874\87287410\xml18\RRI0004.jpg
        \\TICRS\EXPORT17\IMAGEOUT17\872\874\87287410\xml18\RRI0005.jpg
        \\TICRS\EXPORT17\IMAGEOUT17\872\874\87287410\xml18\RRI0006.jpg
        \\TICRS\EXPORT17\IMAGEOUT17\872\874\87287410\xml18\RRI0007.jpg
REASON FOR REINSTATEMENT I am requesting reinstatement of my application. I have attached other evidence, or factual information supported by a declaration demonstrating Office error in abandoning the application.
SIGNATURE SECTION
DECLARATION SIGNATURE /Ryan A. McGonigle/
SIGNATORY'S NAME Ryan A. McGonigle
SIGNATORY'S POSITION Attorney of Record, New Jersey and New York Bar Member
SIGNATORY'S PHONE NUMBER 6462187537
DATE SIGNED 08/12/2019
SUBMISSION SIGNATURE /Ryan A. McGonigle/
SIGNATORY'S NAME Ryan A. McGonigle
SIGNATORY'S POSITION Attorney of Record, New York and New Jersey Bar Member
SIGNATORY'S PHONE NUMBER 6462187537
DATE SIGNED 08/12/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Aug 12 11:19:51 EDT 2019
TEAS STAMP USPTO/RRI-XXX.XXX.X.X-201
90812111951418032-8728741
0-20190812110912070765-N/
A-N/A-2019081211091207076
5



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 No Form Number (Rev 01/2012)
OMB No. 0651-0061 (Exp 09/30/2021)

Request for Reinstatement


To the Commissioner for Trademarks:



The following is submitted for application serial number: 87287410

FORM TEXT:

On December 9, 2018, the USPTO issued an Office Action in connection with Bial-Portela & Ca., S.A.'s ("Applicant") trademark application to register ONGENTYS (U.S. Trademark Ser. No. 87/287,410).  The Office Action advised:  

"If applicant does not respond to this Office action within the six-month period for response, the following goods and/or services in International Class(es) 5 will be deleted from the application:  'preparations for destroying vermin; Fungicides; Herbicides.'   The application will then proceed with the following goods and/or services in International Class(es) 5 only:  'Pharmaceutical preparations for the treatment of diseases and disorders of the central and peripheral nervous system, movement disorders, Parkinson's disease and Parkinsonian disorders and restless legs syndrome; dietetic foods and beverages adapted for medical use; food for babies; plasters for medical purposes; materials for dressings, namely, wound dressings; material for stopping teeth; dental wax; disinfectants.'"   

Instead of deleting "preparations for destroying vermin; Fungicides; Herbicides" from the application, the entire application was abandoned on July 24, 2019.  Applicant requests that the instant application be reinstated due to this USPTO error.  As can be seen from the language of the attached Office Action, the abandonment of the application was not an outcome that Applicant had expected.





FORM FILE NAME(S):

Original PDF file:
87287410_2019712111622346.pdf
Converted PDF file(s) (6 pages)
Attachments-1
Attachments-2
Attachments-3
Attachments-4
Attachments-5
Attachments-6

REASON FOR REINSTATEMENT
I am requesting reinstatement of my application. I have attached other evidence, or factual information supported by a declaration demonstrating Office error in abandoning the application.
SIGNATURE(S)
Declaration Signature
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, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /Ryan A. McGonigle/      Date: 08/12/2019
Signatory's Name: Ryan A. McGonigle
Signatory's Position: Attorney of Record, New Jersey and New York Bar Member
Signatory's Phone Number: 6462187537

Submission Signature
Signature: /Ryan A. McGonigle/     Date: 08/12/2019
Signatory's Name: Ryan A. McGonigle
Signatory's Position: Attorney of Record, New York and New Jersey Bar Member
Signatory's Phone Number: 6462187537

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 87287410
Internet Transmission Date: Mon Aug 12 11:19:51 EDT 2019
TEAS Stamp: USPTO/RRI-XXX.XXX.X.X-201908121119514180
32-87287410-20190812110912070765-N/A-N/A
-20190812110912070765


Request for Reinstatement Received [image/jpeg]

Request for Reinstatement Received [image/jpeg]

Request for Reinstatement Received [image/jpeg]

Request for Reinstatement Received [image/jpeg]

Request for Reinstatement Received [image/jpeg]

Request for Reinstatement Received [image/jpeg]


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