Post Publication Amendment

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 1771 (Rev 10/2011)

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

---

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 1771 (Rev 10/2011)

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

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88099395 BYFAVO(Standard Characters, see http://uspto.report/TM/88099395/mark.png) has been amended as follows:

EXPLANATION OF FILING
Applicant respectfully requests a correction to the description of goods wherein the word anesthetic was misspelled as anethestic in two locations which occurred during the prosecution process, and later noticed after a response to the final office action was filed. Applicant believes this change is not a material change and does not expand the scope of the application and should, therefore, be allowed.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceutical preparations for use in sedation, general sedation, procedural sedation, intensive care medicine sedation, moderate sedation and conscious sedation; pharmaceutical preparations for use as a general anesthetic; pharmaceutical anesthetic preparations for use in the field of anesthesia; anesthetics; anesthetic preparations; sedatives; pharmaceutical preparations to facilitate sedation or anesthesia for dental surgery; pharmaceutical preparations to facilitate sedation for colonoscopy, bronchoscopy and gastroenterological procedures; pharmaceutical sedative preparations for use in the field of sedation or anesthesia in intensive care medicine; pharmaceutical preparations for use for sedation and anesthesia in the fields of cardiology, radiology, vascular surgery, emergency medicine, outpatient surgeries, dermatology, plastic surgery and orthopaedics; pharmaceutical preparations for use for sedation and anesthesia in the diagnosis or treatment of skin and soft tissue injuries or disorders; pharmaceutical preparations for use for sedation and anesthesia in surgical procedures of the skin and soft tissue; pharmaceutical preparations for the treatment of pain; pharmaceutical preparations for the induction of sedation, anxiety relief, and pain relief during therapeutic and diagnostic procedures; pharmaceutical preparations for the induction of sedation, anxiety relief, and pain relief during surgery; pharmaceutical sedative and anethestic preparations for use in colonoscopy, bronchoscopy and gastroenterological procedures; pharmaceutical sedative and anesthetic preparations for use in endoscopy, colonoscopy, sigmoidoscopy, anoscopy, rectoscopy and proctoscopy; pharmaceutical sedative and anethestic preparations for use in surgical procedures; pharmaceutical sedative and anesthetic preparations for use in the following procedures: cardiac catherization, interventional radiology, endovascular procedures, peripheral angioplasty, cardiac defibrillator, implantation of peripheral stents and pacemakers, adjustment of peripheral stents and pacemakers, removal of peripheral stents and pacemakers, dermatologic procedures and oral surgery
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 preparations for use in sedation, general sedation, procedural sedation, intensive care medicine sedation, moderate sedation and conscious sedation; pharmaceutical preparations for use as a general anesthetic; pharmaceutical anesthetic preparations for use in the field of anesthesia; anesthetics; anesthetic preparations; sedatives; pharmaceutical preparations to facilitate sedation or anesthesia for dental surgery; pharmaceutical preparations to facilitate sedation for colonoscopy, bronchoscopy and gastroenterological procedures; pharmaceutical sedative preparations for use in the field of sedation or anesthesia in intensive care medicine; pharmaceutical preparations for use for sedation and anesthesia in the fields of cardiology, radiology, vascular surgery, emergency medicine, outpatient surgeries, dermatology, plastic surgery and orthopaedics; pharmaceutical preparations for use for sedation and anesthesia in the diagnosis or treatment of skin and soft tissue injuries or disorders; pharmaceutical preparations for use for sedation and anesthesia in surgical procedures of the skin and soft tissue; pharmaceutical preparations for the treatment of pain; pharmaceutical preparations for the induction of sedation, anxiety relief, and pain relief during therapeutic and diagnostic procedures; pharmaceutical preparations for the induction of sedation, anxiety relief, and pain relief during surgery; pharmaceutical sedative and anethestic preparations for use in colonoscopy, bronchoscopy and gastroenterological procedures; pharmaceutical sedative and anesthetic preparations for use in colonoscopy, bronchoscopy and gastroenterological procedures; pharmaceutical sedative and anesthetic preparations for use in endoscopy, colonoscopy, sigmoidoscopy, anoscopy, rectoscopy and proctoscopy; pharmaceutical sedative and anethestic preparations for use in surgical procedures; pharmaceutical sedative and anesthetic preparations for use in surgical procedures; pharmaceutical sedative and anesthetic preparations for use in the following procedures: cardiac catherization, interventional radiology, endovascular procedures, peripheral angioplasty, cardiac defibrillator, implantation of peripheral stents and pacemakers, adjustment of peripheral stents and pacemakers, removal of peripheral stents and pacemakers, dermatologic procedures and oral surgeryClass 005 for Pharmaceutical preparations for use in sedation, general sedation, procedural sedation, intensive care medicine sedation, moderate sedation and conscious sedation; pharmaceutical preparations for use as a general anesthetic; pharmaceutical anesthetic preparations for use in the field of anesthesia; anesthetics; anesthetic preparations; sedatives; pharmaceutical preparations to facilitate sedation or anesthesia for dental surgery; pharmaceutical preparations to facilitate sedation for colonoscopy, bronchoscopy and gastroenterological procedures; pharmaceutical sedative preparations for use in the field of sedation or anesthesia in intensive care medicine; pharmaceutical preparations for use for sedation and anesthesia in the fields of cardiology, radiology, vascular surgery, emergency medicine, outpatient surgeries, dermatology, plastic surgery and orthopaedics; pharmaceutical preparations for use for sedation and anesthesia in the diagnosis or treatment of skin and soft tissue injuries or disorders; pharmaceutical preparations for use for sedation and anesthesia in surgical procedures of the skin and soft tissue; pharmaceutical preparations for the treatment of pain; pharmaceutical preparations for the induction of sedation, anxiety relief, and pain relief during therapeutic and diagnostic procedures; pharmaceutical preparations for the induction of sedation, anxiety relief, and pain relief during surgery; pharmaceutical sedative and anesthetic preparations for use in colonoscopy, bronchoscopy and gastroenterological procedures; pharmaceutical sedative and anesthetic preparations for use in endoscopy, colonoscopy, sigmoidoscopy, anoscopy, rectoscopy and proctoscopy; pharmaceutical sedative and anesthetic preparations for use in surgical procedures; pharmaceutical sedative and anesthetic preparations for use in the following procedures: cardiac catherization, interventional radiology, endovascular procedures, peripheral angioplasty, cardiac defibrillator, implantation of peripheral stents and pacemakers, adjustment of peripheral stents and pacemakers, removal of peripheral stents and pacemakers, dermatologic procedures and oral surgery
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.

SIGNATURE(S)

Signature: /John Pickerill/     Date: 07/08/2019
Signatory's Name: John Pickerill
Signatory's Position: Attorney for Applicant, MN bar member

Signatory's Phone Number: 6124927306

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 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: 88099395
Internet Transmission Date: Mon Jul 08 17:38:40 EDT 2019
TEAS Stamp: USPTO/PPA-XXX.XX.XX.XXX-2019070817384041
4239-88099395-6208bd2c6b2169e49171370bef
39eb29aea1428918076972bca1b97d3897c37629
4-N/A-N/A-20190705153436502074