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 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88017344 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 124 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88017344/mark.png |
| LITERAL ELEMENT |
GLYCOLIX ELITE |
| 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) |
| Applicant Topix Pharmaceuticals, Inc. respectfully requests that the Examining Attorney withdraw the requirement that the term "glycolic" be
disclaimed because the trademark GLYCOLIX is an arbitrary term that the Applicant has used to identify the source of its products for over two decades. In the alternative, Applicant respectfully
seeks registration without a disclaimer because the GLYCOLIX element has become distinctive of the Applicant's goods by reason of the Applicant's substantially exclusive and continuous use of the
mark in commerce since at least as early as 1996. |
| ADDITIONAL STATEMENTS SECTION |
| SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use |
GLYCOLIX 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. |
| SIGNATURE SECTION |
| ORIGINAL PDF FILE |
HS_414230130-151351247_._GLYCOLIX_ELITE_-_Acquired_Distinctiveness_Declaration-c.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\880\173\88017344\xml6\ROA0002.JPG |
| SIGNATORY'S NAME |
Lisa Alviti |
| SIGNATORY'S POSITION |
Director of Marketing |
| RESPONSE SIGNATURE |
/HST/ |
| SIGNATORY'S NAME |
H. Straat Tenney |
| SIGNATORY'S POSITION |
Attorney of record, New York bar member |
| SIGNATORY'S PHONE NUMBER |
212-912-2915 |
| DATE SIGNED |
04/24/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Wed Apr 24 15:17:48 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-X.XX.XXX.XXX-20
190424151748810342-880173
44-620a55150baa26231eda0b
76419f354be7e75bc8fa4524b
72295d14a62e84e933e-N/A-N
/A-20190424151351247412 |
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 09/20/2020) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
88017344 GLYCOLIX ELITE(Standard Characters, see http://uspto.report/TM/88017344/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant Topix Pharmaceuticals, Inc. respectfully requests that the Examining Attorney withdraw the requirement that the term "glycolic" be disclaimed because the trademark GLYCOLIX is an arbitrary
term that the Applicant has used to identify the source of its products for over two decades. In the alternative, Applicant respectfully seeks registration without a disclaimer because the GLYCOLIX
element has become distinctive of the Applicant's goods by reason of the Applicant's substantially exclusive and continuous use of the mark in commerce since at least as early as 1996.
ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
GLYCOLIX 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.
SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_414230130-151351247_._GLYCOLIX_ELITE_-_Acquired_Distinctiveness_Declaration-c.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Lisa Alviti
Signatory's Position: Director of Marketing
Response Signature
Signature: /HST/ Date: 04/24/2019
Signatory's Name: H. Straat Tenney
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 212-912-2915
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: 88017344
Internet Transmission Date: Wed Apr 24 15:17:48 EDT 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20190424151748810
342-88017344-620a55150baa26231eda0b76419
f354be7e75bc8fa4524b72295d14a62e84e933e-
N/A-N/A-20190424151351247412
