TEAS Response to Suspension Inquiry

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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 87671325 OPTIMA(Standard Characters, see http://uspto.report/TM/87671325/mark.png) has been amended as follows:
FOREIGN APPLICATION(S)
The foreign application No(s). 016684151 has/have now abandoned. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Advertising, marketing and sales promotion; organizational inventory management; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; trading, also via the Internet, namely, operating a marketplace where others may negotiate transactions for used, overhauled and refurbished packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [European Union Trademark - EUTM application number 016684151 filed 05/05/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 035 for Advertising, marketing and sales promotion; organizational inventory management; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; trading, also via the Internet, namely, operating a marketplace where others may negotiate transactions for used, overhauled and refurbished packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [ application number filed ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : System experiences issues when trying to connect to message retriever

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Construction, installation, repair, reconstruction, overhauling, servicing and maintenance of machines, equipment and components, namely packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [European Union Trademark - EUTM application number 016684151 filed 05/05/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 037 for Construction, installation, repair, reconstruction, overhauling, servicing and maintenance of machines, equipment and components, namely packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [ application number filed ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : System experiences issues when trying to connect to message retriever

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Instruction and further training namely, the planning, arranging and conducting of seminars, workshops, educational symposiums, and educational conferences on the subject of safety, operation, repair of packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [European Union Trademark - EUTM application number 016684151 filed 05/05/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 041 for Instruction and further training namely, the planning, arranging and conducting of seminars, workshops, educational symposiums, and educational conferences on the subject of safety, operation, repair of packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [ application number filed ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : System experiences issues when trying to connect to message retriever

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for IT services, in particular development, programming and implementation of software, development of computer hardware; IT services, in particular research and development and implementation of computers and computer systems, namely, monitoring of computer systems by remote access; providing technical information on packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; technical consulting on packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; technical monitoring and inspection services, namely, monitoring and inspection of packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; monitoring and optimizing of industrial procedures, namely, procedures relating to packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [European Union Trademark - EUTM application number 016684151 filed 05/05/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 042 for IT services, in particular development, programming and implementation of software, development of computer hardware; IT services, in particular research and development and implementation of computers and computer systems, namely, monitoring of computer systems by remote access; providing technical information on packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; technical consulting on packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; technical monitoring and inspection services, namely, monitoring and inspection of packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; monitoring and optimizing of industrial procedures, namely, procedures relating to packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [ application number filed ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : System experiences issues when trying to connect to message retriever


The applicant's current attorney information: Nicole M. Murray. Other appointed attorneys are Nicole M. Murray. Nicole M. Murray of QUARLES & BRADY LLP, and the attorney(s) is located at

      300 NORTH LASALLE ST., STE. 4000
      CHICAGO, Illinois
      US
The docket/reference number is 145047.00027.

The phone number is 312-715-5241.

The fax number is 312.632.1780.

The email address is tm-dept@quarles.com

The applicants proposed attorney information: Nicole M. Murray. Other appointed attorneys are Lori S. Meddings, Joel E. Tragesser, Marta S. Levine, Hillary J. Wucherer, Bennett J. Berson, Omotara Akinwande, Jordan R. Downham, Li Zhu, Megan Q. Peccarelli, Katelin V. Drass. Nicole M. Murray of QUARLES & BRADY LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      300 NORTH LASALLE ST., STE. 4000
      CHICAGO, Illinois 60654
      United States
The docket/reference number is 145047.00027.

The phone number is 312-715-5241.

The fax number is 312.632.1780.

The email address is tm-dept@quarles.com

Nicole M. Murray submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: NICOLE M. MURRAY. Other appointed attorneys are Nicole M. Murray. NICOLE M. MURRAY of QUARLES & BRADY LLP, and the attorney(s) is located at

      300 NORTH LASALLE ST., STE. 4000
      CHICAGO, Illinois
      US
The docket/reference number is 145047.00027.

The phone number is 312-715-5241.

The fax number is 312.632.1780.

The email address is tm-dept@quarles.com

The applicants proposed correspondence information: Nicole M. Murray. Nicole M. Murray of QUARLES & BRADY LLP, is located at

      300 NORTH LASALLE ST., STE. 4000
      CHICAGO, Illinois 60654
      United States
The docket/reference number is 145047.00027.

The phone number is 312-715-5241.

The fax number is 312.632.1780.

The email address is tm-dept@quarles.com

Response Suspension Inquiry Signature
Signature: /Omotara Akinwande/     Date: 10/11/2019
Signatory's Name: Omotara Akinwande
Signatory's Position: Associate Attorney, Quarles & Brady LLP, Illinois Bar member
Signatory's Phone Number: 312.715.2760

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.

Mailing Address:    NICOLE M. MURRAY
   QUARLES & BRADY LLP
   
   300 NORTH LASALLE ST., STE. 4000
   CHICAGO, Illinois
Mailing Address:    Nicole M. Murray
   QUARLES & BRADY LLP
   300 NORTH LASALLE ST., STE. 4000
   CHICAGO, Illinois 60654
        
Serial Number: 87671325
Internet Transmission Date: Fri Oct 11 15:30:53 EDT 2019
TEAS Stamp: USPTO/RSI-X.XX.XXX.XXX-20191011153053374
990-87671325-61074e8839ba0ba7160d29a462d
1a107e755e4bcb41654596e5d7fdb58a6fec2-N/
A-N/A-20191011115745626573