Response to Office Action

BOARD CERTIFIED VETERINARY DERMATOLOGIST

American College of Veterinary Dermatology

Response to Office Action

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 88063735
LAW OFFICE ASSIGNED LAW OFFICE 110
MARK SECTION
MARK http://uspto.report/TM/88063735/mark.png
LITERAL ELEMENT BOARD CERTIFIED VETERINARY DERMATOLOGIST
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)
The Applicant submits 19 separate webpages that include veterinarians who have passed the board exams of the Applicant and how now refer to themselves as a "Board Certified Veterinary Dermatologist". The Examiner notes that the terms appear hundreds of times on the Internet, however, many of those hits are likely these veterinarians who have been authorized by the Applicant to use the term. Finally, the Applicant amends the Trademark application to the Supplemental Register.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_67180181191-20190723203116354060_._Use_in_Commerce_2019.pdf
       CONVERTED PDF FILE(S)
       (19 pages)
\\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0015.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0016.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0017.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0019.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0020.JPG
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS B
DESCRIPTION
development, administrating, examining, certifying, and overseeing of veterinary dermatology specialty training for veterinarians; sponsoring research advancing the understanding of veterinary dermatology; sponsoring and providing veterinary dermatology education to practicing veterinarians, including under-served areas across the globe; providing to pet owners educational information in the field of dermatology
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/31/1985
        FIRST USE IN COMMERCE DATE At least as early as 12/31/1985
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS B
TRACKED TEXT DESCRIPTION
development, administrating, examining, certifying, and overseeing of veterinary dermatology specialty training for veterinarians; Veterinary dermatology services; sponsoring research advancing the understanding of veterinary dermatology; sponsoring and providing veterinary dermatology education to practicing veterinarians, including under-served areas across the globe; providing to pet owners educational information in the field of dermatology
FINAL DESCRIPTION Veterinary dermatology services
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/31/1985
       FIRST USE IN COMMERCE DATE At least as early as 12/31/1985
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPU0-67180181191-20190723203116354060_._Use_in_Commerce_2019.pdf
       CONVERTED PDF FILE(S)
       (19 pages)
\\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0021.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0022.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0023.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0024.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0025.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0026.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0027.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0028.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0029.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0030.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0031.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0032.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0033.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0034.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0035.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0036.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0037.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0038.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\637\88063735\xml11\ROA0039.JPG
       SPECIMEN DESCRIPTION The Applicant has provided 19 separate specimens of use from various veterinarians who have been authorized to use the trademark by the certifier. Some specimens of use prominently display the mark either in bold, capitalization, or in larger font than the surrounding text
ADDITIONAL STATEMENTS SECTION
SUPPLEMENTAL REGISTER The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').
MISCELLANEOUS STATEMENT The Examiner notes there is a problem with the certification statement. The Applicant adopts the Examiner's proposal and states as follows: The certification mark, as used by persons authorized by the certifier, certifies that the services provided are performed by a person who has met the standards and requirements established by the certifier with respect to experience, educational requirements, and passage of examinations given by the certifier.
SIGNATURE SECTION
DECLARATION SIGNATURE /Mathew J. Temmerman/
SIGNATORY'S NAME Mathew J. Temmerman
SIGNATORY'S POSITION Attorney of Record, CA Bar 232407
SIGNATORY'S PHONE NUMBER 4152938436
DATE SIGNED 07/23/2019
RESPONSE SIGNATURE /Mathew J. Temmerman/
SIGNATORY'S NAME Mathew J. Temmerman
SIGNATORY'S POSITION Attorney for Applicant, CA Bar 232407
SIGNATORY'S PHONE NUMBER 4152938436
DATE SIGNED 07/23/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jul 23 20:44:20 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20190723204420773130-8806
3735-620ee2158e42ece88171
271adb9b575fdfccf38626ac8
c72d1ca9796ec9876-N/A-N/A
-20190723203116354060



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. 88063735 BOARD CERTIFIED VETERINARY DERMATOLOGIST(Standard Characters, see http://uspto.report/TM/88063735/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Applicant submits 19 separate webpages that include veterinarians who have passed the board exams of the Applicant and how now refer to themselves as a "Board Certified Veterinary Dermatologist". The Examiner notes that the terms appear hundreds of times on the Internet, however, many of those hits are likely these veterinarians who have been authorized by the Applicant to use the term. Finally, the Applicant amends the Trademark application to the Supplemental Register.

EVIDENCE

Original PDF file:
evi_67180181191-20190723203116354060_._Use_in_Commerce_2019.pdf
Converted PDF file(s) ( 19 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class B for development, administrating, examining, certifying, and overseeing of veterinary dermatology specialty training for veterinarians; sponsoring research advancing the understanding of veterinary dermatology; sponsoring and providing veterinary dermatology education to practicing veterinarians, including under-served areas across the globe; providing to pet owners educational information in the field of dermatology
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1985 and first used in commerce at least as early as 12/31/1985 , and is now in use in such commerce.

Proposed:
Tracked Text Description: development, administrating, examining, certifying, and overseeing of veterinary dermatology specialty training for veterinarians; Veterinary dermatology services; sponsoring research advancing the understanding of veterinary dermatology; sponsoring and providing veterinary dermatology education to practicing veterinarians, including under-served areas across the globe; providing to pet owners educational information in the field of dermatologyClass B for Veterinary dermatology services
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1985 and first used in commerce at least as early as 12/31/1985 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class B . The specimen(s) submitted consists of The Applicant has provided 19 separate specimens of use from various veterinarians who have been authorized to use the trademark by the certifier. Some specimens of use prominently display the mark either in bold, capitalization, or in larger font than the surrounding text .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-67180181191-20190723203116354060_._Use_in_Commerce_2019.pdf
Converted PDF file(s) ( 19 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Specimen File17
Specimen File18
Specimen File19

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


Miscellaneous Statement
The Examiner notes there is a problem with the certification statement. The Applicant adopts the Examiner's proposal and states as follows: The certification mark, as used by persons authorized by the certifier, certifies that the services provided are performed by a person who has met the standards and requirements established by the certifier with respect to experience, educational requirements, and passage of examinations given by the certifier.


SIGNATURE(S)
Declaration Signature

DECLARATION: 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 or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /Mathew J. Temmerman/      Date: 07/23/2019
Signatory's Name: Mathew J. Temmerman
Signatory's Position: Attorney of Record, CA Bar 232407
Signatory's Phone Number: 4152938436


Response Signature
Signature: /Mathew J. Temmerman/     Date: 07/23/2019
Signatory's Name: Mathew J. Temmerman
Signatory's Position: Attorney for Applicant, CA Bar 232407

Signatory's Phone Number: 4152938436

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: 88063735
Internet Transmission Date: Tue Jul 23 20:44:20 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201907232044207
73130-88063735-620ee2158e42ece88171271ad
b9b575fdfccf38626ac8c72d1ca9796ec9876-N/
A-N/A-20190723203116354060


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