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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88071814 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
MARK SECTION |
MARK |
http://uspto.report/TM/88071814/mark.png |
LITERAL ELEMENT |
APTIVA |
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. |
FOREIGN APPLICATION(S) |
The foreign application(s) No(s). TOM1803534 being used as the basis for a priority claim under Section 44(d)
of the Trademark Act has/have not yet matured into a registration in the applicant's country of origin. I hereby request that the application be re-suspended. |
GOODS AND/OR SERVICES SECTION (001)(current) |
INTERNATIONAL CLASS |
001 |
DESCRIPTION |
Chemical products for scientific purposes; reagents; all of the foregoing for use in connection with a fluorescence multi-analyte
immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic acid |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
TOM1803534 |
FOREIGN APPLICATION COUNTRY |
Tonga |
FOREIGN FILING DATE |
02/28/2018 |
GOODS AND/OR SERVICES SECTION (001)(proposed) |
INTERNATIONAL CLASS |
001 |
TRACKED TEXT DESCRIPTION |
Chemical products for scientific purposes; Chemical products for
scientific purposes, namely, biomarkers for scientific testing; reagents; reagents for scientific and research use;
all of the foregoing for use in connection with a fluorescence multi-analyte immunoassay system for medical diagnostic and research use and not for use in connection with
detecting nucleic acid |
FINAL DESCRIPTION |
Chemical products for scientific purposes, namely, biomarkers for scientific testing; reagents for scientific and research use; all of
the foregoing for use in connection with a fluorescence multi-analyte immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic acid |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
TOM1803534 |
FOREIGN APPLICATION COUNTRY |
Tonga |
FOREIGN FILING DATE |
02/28/2018 |
INTENT TO
PERFECT 44(d)
|
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 applicant'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 applicant in this matter:
(1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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. |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Pharmaceutical and veterinary products; clinical diagnostic assays for medical purposes; all of the foregoing for use in connection
with a fluorescence multi-analyte immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic acid |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
TOM1803534 |
FOREIGN APPLICATION COUNTRY |
Tonga |
FOREIGN FILING DATE |
02/28/2018 |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Pharmaceutical and veterinary products; Pharmaceutical and
veterinary products, namely, fluorescence multi-analyte immunoassay system for medical diagnostic and research use; clinical diagnostic assays for medical
purposes; clinical diagnostic assays for medical purposes, namely, identifying and diagnosing of diseases; all of the foregoing for
use in connection with a fluorescence multi-analyte immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic acid |
FINAL DESCRIPTION |
Pharmaceutical and veterinary products, namely, fluorescence multi-analyte immunoassay system for medical diagnostic and research use;
clinical diagnostic assays for medical purposes, namely, identifying and diagnosing of diseases; all of the foregoing for use in connection with a fluorescence multi-analyte immunoassay system for
medical diagnostic and research use and not for use in connection with detecting nucleic acid |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
TOM1803534 |
FOREIGN APPLICATION COUNTRY |
Tonga |
FOREIGN FILING DATE |
02/28/2018 |
INTENT TO
PERFECT 44(d)
|
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 applicant'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 applicant in this matter:
(1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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. |
GOODS AND/OR SERVICES SECTION (010)(current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Apparatus and instruments for laboratory analysis and medical diagnosis; all of the foregoing for use in connection with a fluorescence
multi-analyte immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic acid |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
TOM1803534 |
FOREIGN APPLICATION COUNTRY |
Tonga |
FOREIGN FILING DATE |
02/28/2018 |
GOODS AND/OR SERVICES SECTION (010)(proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Apparatus and instruments for laboratory analysis and medical diagnosis; Apparatus and instruments for laboratory analysis and medical diagnosis, namely, medical and laboratory apparatus for diagnosing, monitoring, and treating diseases; all of the foregoing for use in connection with a fluorescence multi-analyte immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic
acid |
FINAL DESCRIPTION |
Apparatus and instruments for laboratory analysis and medical diagnosis, namely, medical and laboratory apparatus for diagnosing,
monitoring, and treating diseases; all of the foregoing for use in connection with a fluorescence multi-analyte immunoassay system for medical diagnostic and research use and not for use in
connection with detecting nucleic acid |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
TOM1803534 |
FOREIGN APPLICATION COUNTRY |
Tonga |
FOREIGN FILING DATE |
02/28/2018 |
INTENT TO
PERFECT 44(d)
|
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 applicant'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 applicant in this matter:
(1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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. |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
see the attached |
MISCELLANEOUS FILE NAME(S) |
ORIGINAL PDF FILE |
mis-769317753-20190605224400175578_._Aptiva_ROA.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\880\718\88071814\xml7\RSI0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\880\718\88071814\xml7\RSI0003.JPG |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Brian J. Focarino/ |
SIGNATORY'S NAME |
Brian J. Focarino |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
SIGNATORY'S PHONE NUMBER |
617 937 2347 |
DATE SIGNED |
06/05/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jun 06 01:23:38 EDT 2019 |
TEAS STAMP |
USPTO/RSI-XX.XX.XXX.XX-20
190606012338778487-880718
14-6205f294e539bf414d4629
e98a63a7f7bb20c9434d4f08c
cae9d7c9723427764-N/A-N/A
-20190605224400175578 |
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.
88071814 APTIVA(Standard Characters, see http://uspto.report/TM/88071814/mark.png) has been amended as follows:
FOREIGN APPLICATION(S)
The foreign application(s) No(s). TOM1803534 being used as the basis for a priority claim under Section 44(d) of the Trademark Act has/have not yet matured into a registration in the applicant's
country of origin. I hereby request that the application be re-suspended.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Chemical products for scientific purposes; reagents; all of the foregoing for use in connection with a fluorescence multi-analyte immunoassay system for medical
diagnostic and research use and not for use in connection with detecting nucleic acid
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 [Tonga application number TOM1803534 filed 02/28/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Chemical products for scientific purposes;
Chemical products for scientific purposes, namely,
biomarkers for scientific testing;
reagents;
reagents for scientific and research use;
all of the
foregoing for use in connection with a fluorescence multi-analyte immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic acidClass 001
for Chemical products for scientific purposes, namely, biomarkers for scientific testing; reagents for scientific and research use; all of the foregoing for use in connection with a fluorescence
multi-analyte immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic acid
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 [Tonga application number TOM1803534 filed 02/28/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : 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 applicant'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 applicant in this matter: (1) the applicant 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 applicant
has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceutical and veterinary products; clinical diagnostic assays for medical purposes; all of the foregoing for use in connection with a fluorescence multi-analyte
immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic acid
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 [Tonga application number TOM1803534 filed 02/28/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Pharmaceutical and veterinary products;
Pharmaceutical and veterinary products, namely,
fluorescence multi-analyte immunoassay system for medical diagnostic and research use;
clinical diagnostic assays for medical purposes;
clinical diagnostic assays for medical purposes, namely, identifying and diagnosing of diseases;
all of the foregoing for use in connection with a fluorescence
multi-analyte immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic acidClass 005 for Pharmaceutical and veterinary products, namely,
fluorescence multi-analyte immunoassay system for medical diagnostic and research use; clinical diagnostic assays for medical purposes, namely, identifying and diagnosing of diseases; all of the
foregoing for use in connection with a fluorescence multi-analyte immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic acid
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 [Tonga application number TOM1803534 filed 02/28/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : 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 applicant'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 applicant in this matter: (1) the applicant 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 applicant
has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Apparatus and instruments for laboratory analysis and medical diagnosis; all of the foregoing for use in connection with a fluorescence multi-analyte immunoassay system
for medical diagnostic and research use and not for use in connection with detecting nucleic acid
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 [Tonga application number TOM1803534 filed 02/28/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Apparatus and instruments for laboratory analysis and medical diagnosis;
Apparatus and instruments
for laboratory analysis and medical diagnosis, namely, medical and laboratory apparatus for diagnosing, monitoring, and treating diseases;
all of the foregoing for use in
connection with a fluorescence multi-analyte immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic acidClass 010 for Apparatus and
instruments for laboratory analysis and medical diagnosis, namely, medical and laboratory apparatus for diagnosing, monitoring, and treating diseases; all of the foregoing for use in connection with
a fluorescence multi-analyte immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic acid
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 [Tonga application number TOM1803534 filed 02/28/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : 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 applicant'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 applicant in this matter: (1) the applicant 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 applicant
has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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.
ADDITIONAL STATEMENTS
Miscellaneous Statement
see the attached
Original PDF file:
mis-769317753-20190605224400175578_._Aptiva_ROA.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2
Response Suspension Inquiry Signature
Signature: /Brian J. Focarino/ Date: 06/05/2019
Signatory's Name: Brian J. Focarino
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 617 937 2347
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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant'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: 88071814
Internet Transmission Date: Thu Jun 06 01:23:38 EDT 2019
TEAS Stamp: USPTO/RSI-XX.XX.XXX.XX-20190606012338778
487-88071814-6205f294e539bf414d4629e98a6
3a7f7bb20c9434d4f08ccae9d7c9723427764-N/
A-N/A-20190605224400175578