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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88073859 AB CHECK (Stylized and/or with Design, see http://uspto.report/TM/88073859/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Chemicals, in particular biochemical preparations, reagents, laboratory reagents, libraries or binding molecules, peptide or antibody libraries or peptides or antibodies, recombinant antibodies, single-chain antibodies, diabodies, triabodies, tetrabodies, bivalent antibodies, multivalent antibodies, whole immunoglobulins, antibody fragments, Fab fragments, nucleic acid sequences coding for these molecules, all for scientific and industrial purposes and research purposes, for use in molecular biology, in particular for the identification and characterisation of molecules, in particular proteins, enzymes and nucleic acids
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Chemicals, in particular biochemical preparations, reagents, laboratory reagents, libraries or binding molecules, peptide or antibody libraries or peptides or antibodies, recombinant antibodies, single-chain antibodies, diabodies, triabodies, tetrabodies, bivalent antibodies, multivalent antibodies, whole immunoglobulins, antibody fragments, Fab fragments, nucleic acid sequences coding for these molecules, all for scientific and industrial purposes and research purposes, for use in molecular biology, in particular for the identification and characterisation of molecules, in particular proteins, enzymes and nucleic acids; Chemicals, in particular biochemical preparations, reagents, laboratory reagents, binding molecules, peptide or antibody libraries or peptides or antibodies, recombinant antibodies, single-chain antibodies, diabodies, triabodies, tetrabodies, bivalent antibodies, multivalent antibodies, whole immunoglobulins, antibody fragments, Fab fragments, nucleic acid sequences coding for these molecules, all for scientific and industrial purposes and research purposes, for use in molecular biology, in particular for the identification and characterisation of molecules, in particular proteins, enzymes and nucleic acidsClass 001 for Chemicals, in particular biochemical preparations, reagents, laboratory reagents, binding molecules, peptide or antibody libraries or peptides or antibodies, recombinant antibodies, single-chain antibodies, diabodies, triabodies, tetrabodies, bivalent antibodies, multivalent antibodies, whole immunoglobulins, antibody fragments, Fab fragments, nucleic acid sequences coding for these molecules, all for scientific and industrial purposes and research purposes, for use in molecular biology, in particular for the identification and characterisation of molecules, in particular proteins, enzymes and nucleic acids
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceutical and veterinary preparations, in particular preparations containing or consisting of binding molecules, peptides or antibodies, recombinant antibodies, single-chain antibodies, diabodies, triabodies, tetrabodies, bivalent antibodies, multivalent antibodies, whole immunoglobulins, antibody fragments, Fab fragments, pharmaceutical and veterinary preparations comprising or consisting of nucleic acid sequences coding for these molecules; preparations for therapeutic purposes, in particular human medicine purposes, diagnostic purposes, therapy or diagnosis of infectious, inflammatory and tumorigenic diseases
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Pharmaceutical and veterinary preparations, in particular preparations containing or consisting of binding molecules, peptides or antibodies, recombinant antibodies, single-chain antibodies, diabodies, triabodies, tetrabodies, bivalent antibodies, multivalent antibodies, whole immunoglobulins, antibody fragments, Fab fragments, pharmaceutical and veterinary preparations comprising or consisting of nucleic acid sequences coding for these molecules; Pharmaceutical and veterinary preparations, in particular preparations containing or consisting of binding molecules, peptides or antibodies, recombinant antibodies, single-chain antibodies, diabodies, triabodies, tetrabodies, bivalent antibodies, multivalent antibodies, whole immunoglobulins, antibody fragments, Fab fragments, pharmaceutical and veterinary preparations comprising or consisting of nucleic acid sequences coding for these molecules for treating infectious, inflammatory and tumorigenic diseases; preparations for therapeutic purposes, in particular human medicine purposes, diagnostic purposes, therapy or diagnosis of infectious, inflammatory and tumorigenic diseasesClass 005 for Pharmaceutical and veterinary preparations, in particular preparations containing or consisting of binding molecules, peptides or antibodies, recombinant antibodies, single-chain antibodies, diabodies, triabodies, tetrabodies, bivalent antibodies, multivalent antibodies, whole immunoglobulins, antibody fragments, Fab fragments, pharmaceutical and veterinary preparations comprising or consisting of nucleic acid sequences coding for these molecules for treating infectious, inflammatory and tumorigenic diseases; preparations for therapeutic purposes, in particular human medicine purposes, diagnostic purposes, therapy or diagnosis of infectious, inflammatory and tumorigenic diseases
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Scientific and technological services and research projects for the preparation of peptide and antibody libraries; scientific and technological services and research projects for the identification and characterisation of binding molecules, namely, in the field of antibody discovery, antibody research and antibody optimization; scientific and technological services and research projects for the preparation, identification and characterisation of peptides and antibodies, namely, in the field of antibody discovery, antibody research and antibody optimization; scientific and technological services and research projects for the preparation and identification of recombinant antibodies, single-chain antibodies, diabodies, tandabs, flexibodies, triabodies, tetrabodies, bivalent antibodies, multivalent antibodies, whole immunoglobulins, and antibody fragments, in particular Fab and scFv fragments, and of nucleic acid sequences coding for these molecules, namely, in the field of antibody discovery, antibody research and antibody optimization; scientific and technological services and research projects in relation to antibody discovery, namely, in the field of antibody research and drug design; scientific and technological services and research projects in relation to screening of natural, engineered and immunized libraries, namely, in the field of antibody discovery; scientific and technological services and research projects in relation to screening of antibody libraries, namely, in the field of antibody discovery; scientific and technological services and research projects in relation to phage display, phage panning and yeast display vectors, namely, in the field of antibody discovery; scientific and technological services and research projects in relation to next-generation yeast display and antibody selection process, namely, in the field of antibody discovery; scientific and technological services and research projects in relation to the upstream enrichment of target-specific candidates and batch cloning into yeast-display vectors; scientific and technological services in relation to drug discovery by high throughput screen and antibody delivery for therapeutic application, namely, in the field of antibody research and drug design; scientific and technological services and research projects in relation to batch-cloning and screening of natural, engineered and immunized libraries, namely, in the field of antibody research and antibody optimization; scientific and technological services and research projects in relation to batch-cloning and screening of antibody libraries, namely, in the field of antibody research and antibody optimization; scientific and technological services and research projects in relation to antibody development strategies, namely, in the field of antibody research and antibody optimization; scientific and technological services and research projects in relation to the optimization, maturation and humanization of antibody drug candidates, namely, in the field of antibody research and drug design; scientific and technological services and research projects in relation to multi-factor antibody optimization, namely, in the field of antibody research and drug design; scientific and technological services and research projects in relation to the optimization of antibody binding affinity, antibody stability, species cross-reactivity, specificity, developability, producibility, and human properties, namely, in the field of antibody research and antibody optimization; scientific and technological services and research projects in relation to human and non-human lead antibody technology, namely, in the field of antibody research and antibody optimization
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Scientific and technological services and research projects for the preparation of peptide and antibody libraries; Scientific and technological services and research projects for the preparation of peptide and antibody libraries, namely, chemical analysis; scientific and technological services and research projects for the identification and characterisation of binding molecules, namely, in the field of antibody discovery, antibody research and antibody optimization; scientific and technological services and research projects for the identification and characterisation of binding molecules, namely in the field of antibody discovery, antibody research and antibody optimization in the nature of working on and evaluation of chemical analyses; scientific and technological services and research projects for the preparation, identification and characterisation of peptides and antibodies, namely, in the field of antibody discovery, antibody research and antibody optimization; scientific and technological services and research projects for the preparation, identification and characterisation of peptides and antibodies, namely in the field of antibody discovery, antibody research and antibody optimization; scientific and technological services and research projects for the preparation and identification of recombinant antibodies, single-chain antibodies, diabodies, tandabs, flexibodies, triabodies, tetrabodies, bivalent antibodies, multivalent antibodies, whole immunoglobulins, and antibody fragments, in particular Fab and scFv fragments, and of nucleic acid sequences coding for these molecules, namely, in the field of antibody discovery, antibody research and antibody optimization; scientific and technological services and research projects for the preparation and identification of recombinant antibodies, single-chain antibodies, diabodies, tandabs, flexibodies, triabodies, tetrabodies, bivalent antibodies, multivalent antibodies, whole immunoglobulins, and antibody fragments, in particular Fab and scFv fragments, and of nucleic acid sequences coding for these molecules, namely in the field of antibody discovery, antibody research and antibody optimization, namely, scientific research in the field of antibodies; scientific and technological services and research projects in relation to antibody discovery, namely, in the field of antibody research and drug design; scientific and technological services and research projects in relation to antibody discovery, namely in the field of antibody research and drug design; scientific and technological services and research projects in relation to screening of natural, engineered and immunized libraries, namely, in the field of antibody discovery; scientific and technological services and research projects in relation to screening of natural, engineered and immunized libraries, namely in the field of antibody discovery for scientific research services; scientific and technological services and research projects in relation to screening of antibody libraries, namely, in the field of antibody discovery; scientific and technological services and research projects in relation to screening of antibody libraries, namely in the field of antibody discovery for scientific research services; scientific and technological services and research projects in relation to phage display, phage panning and yeast display vectors, namely, in the field of antibody discovery; scientific and technological services and research projects in relation to phage display, phage panning and yeast display vectors, namely in the field of antibody discovery in the nature of chemical analysis; scientific and technological services and research projects in relation to next-generation yeast display and antibody selection process, namely, in the field of antibody discovery; scientific and technological services and research projects in relation to next-generation yeast display and antibody selection process, namely in the field of antibody discovery in the nature of chemical analysis; scientific and technological services and research projects in relation to the upstream enrichment of target-specific candidates and batch cloning into yeast-display vectors; scientific and technological services and research projects in relation to the upstream enrichment of target-specific candidates and batch cloning into yeast-display vectors in the nature of research and development services in the field of antibodies; scientific and technological services in relation to drug discovery by high throughput screen and antibody delivery for therapeutic application, namely, in the field of antibody research and drug design; scientific and technological services in relation to drug discovery by high throughput screen and antibody delivery for therapeutic application, namely scientific research in the field of antibody research and drug design; scientific and technological services and research projects in relation to batch-cloning and screening of natural, engineered and immunized libraries, namely, in the field of antibody research and antibody optimization; scientific and technological services and research projects in relation to batch-cloning and screening of natural, engineered and immunized libraries, namely scientific research in the field of antibodies and antibody optimization; scientific and technological services and research projects in relation to batch-cloning and screening of antibody libraries, namely, in the field of antibody research and antibody optimization; scientific and technological services and research projects in relation to batch-cloning and screening of antibody libraries, namely scientific research in the field of antibodies and antibody optimization; scientific and technological services and research projects in relation to antibody development strategies, namely, in the field of antibody research and antibody optimization; scientific and technological services and research projects in relation to antibody development strategies, namely scientific research in the field of antibody research and antibody optimization; scientific and technological services and research projects in relation to the optimization, maturation and humanization of antibody drug candidates, namely, in the field of antibody research and drug design; scientific and technological services and research projects in relation to the optimization, maturation and humanization of antibody drug candidates, namely in the field of antibody research and drug design; scientific and technological services and research projects in relation to multi-factor antibody optimization, namely, in the field of antibody research and drug design; scientific and technological services and research projects in relation to multi-factor antibody optimization, namely scientific research in the field of antibody research and drug design; scientific and technological services and research projects in relation to the optimization of antibody binding affinity, antibody stability, species cross-reactivity, specificity, developability, producibility, and human properties, namely, in the field of antibody research and antibody optimization; scientific and technological services and research projects in relation to the optimization of antibody binding affinity, antibody stability, species cross-reactivity, specificity, developability, producibility, and human properties, namely scientific research in the field of antibody research and antibody optimization; scientific and technological services and research projects in relation to human and non-human lead antibody technology, namely, in the field of antibody research and antibody optimization; scientific and technological services and research projects in relation to human and non-human lead antibody technology, namely scientific research in the field of antibody research and antibody optimization.Class 042 for Scientific and technological services and research projects for the preparation of peptide and antibody libraries, namely, chemical analysis; scientific and technological services and research projects for the identification and characterisation of binding molecules, namely in the field of antibody discovery, antibody research and antibody optimization in the nature of working on and evaluation of chemical analyses; scientific and technological services and research projects for the preparation, identification and characterisation of peptides and antibodies, namely in the field of antibody discovery, antibody research and antibody optimization; scientific and technological services and research projects for the preparation and identification of recombinant antibodies, single-chain antibodies, diabodies, tandabs, flexibodies, triabodies, tetrabodies, bivalent antibodies, multivalent antibodies, whole immunoglobulins, and antibody fragments, in particular Fab and scFv fragments, and of nucleic acid sequences coding for these molecules, namely in the field of antibody discovery, antibody research and antibody optimization, namely, scientific research in the field of antibodies; scientific and technological services and research projects in relation to antibody discovery, namely in the field of antibody research and drug design; scientific and technological services and research projects in relation to screening of natural, engineered and immunized libraries, namely in the field of antibody discovery for scientific research services; scientific and technological services and research projects in relation to screening of antibody libraries, namely in the field of antibody discovery for scientific research services; scientific and technological services and research projects in relation to phage display, phage panning and yeast display vectors, namely in the field of antibody discovery in the nature of chemical analysis; scientific and technological services and research projects in relation to next-generation yeast display and antibody selection process, namely in the field of antibody discovery in the nature of chemical analysis; scientific and technological services and research projects in relation to the upstream enrichment of target-specific candidates and batch cloning into yeast-display vectors in the nature of research and development services in the field of antibodies; scientific and technological services in relation to drug discovery by high throughput screen and antibody delivery for therapeutic application, namely scientific research in the field of antibody research and drug design; scientific and technological services and research projects in relation to batch-cloning and screening of natural, engineered and immunized libraries, namely scientific research in the field of antibodies and antibody optimization; scientific and technological services and research projects in relation to batch-cloning and screening of antibody libraries, namely scientific research in the field of antibodies and antibody optimization; scientific and technological services and research projects in relation to antibody development strategies, namely scientific research in the field of antibody research and antibody optimization; scientific and technological services and research projects in relation to the optimization, maturation and humanization of antibody drug candidates, namely in the field of antibody research and drug design; scientific and technological services and research projects in relation to multi-factor antibody optimization, namely scientific research in the field of antibody research and drug design; scientific and technological services and research projects in relation to the optimization of antibody binding affinity, antibody stability, species cross-reactivity, specificity, developability, producibility, and human properties, namely scientific research in the field of antibody research and antibody optimization; scientific and technological services and research projects in relation to human and non-human lead antibody technology, namely scientific research in the field of antibody research and antibody optimization.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "AB" or "CHECK" apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Jan N. Tittel/     Date: 06/13/2019
Signatory's Name: Jan N. Tittel
Signatory's Position: Attorney of record, Massachusetts bar member

Signatory's Phone Number: 6174280200

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: 88073859
Internet Transmission Date: Thu Jun 13 14:03:47 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20190613140347149
561-88073859-62098c1d4405d37ae7e04acf131
5fe90a1ad9e2dace41c5b1bb4d67f2b0843191-N
/A-N/A-20190613140152039199