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. 88130645 TIVDAK(Standard Characters, see http://uspto.report/TM/88130645/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 005 for Pharmaceutical preparations for use in humans, namely, chemotherapeutics and biopharmaceuticals; pharmaceutical preparations for the prevention and treatment of disorders of the nervous system, the immune system, the cardio-vascular system, the metabolic system, the respiratory system, the musculo-skeletal system, and the genitourinary system; pharmaceutical preparations for the treatment of cancer, autoimmune diseases, and inflammatory disorders; pharmaceutical preparations for use in dermatology, oncology, hematology, ophthalmology, gastroenterological disorders, and tissue and organ transplantology
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 humans, namely, chemotherapeutics and biopharmaceuticals; Pharmaceutical preparations for use in humans, namely, chemotherapeutics and biopharmaceuticals for the treatment of diseases and conditions; pharmaceutical preparations for the prevention and treatment of disorders of the nervous system, the immune system, the cardio-vascular system, the metabolic system, the respiratory system, the musculo-skeletal system, and the genitourinary system; pharmaceutical preparations for the treatment of cancer, autoimmune diseases, and inflammatory disorders; pharmaceutical preparations for use in dermatology, oncology, hematology, ophthalmology, gastroenterological disorders, and tissue and organ transplantologyClass 005 for Pharmaceutical preparations for use in humans, namely, chemotherapeutics and biopharmaceuticals for the treatment of diseases and conditions; pharmaceutical preparations for the prevention and treatment of disorders of the nervous system, the immune system, the cardio-vascular system, the metabolic system, the respiratory system, the musculo-skeletal system, and the genitourinary system; pharmaceutical preparations for the treatment of cancer, autoimmune diseases, and inflammatory disorders; pharmaceutical preparations for use in dermatology, oncology, hematology, ophthalmology, gastroenterological disorders, and tissue and organ transplantology
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)
Response Signature
Signature: /John C. Baum/     Date: 07/03/2019
Signatory's Name: John C. Baum
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 415-882-3200

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: 88130645
Internet Transmission Date: Wed Jul 03 18:14:37 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190703181437623
319-88130645-620c98bbf831167ab15a32bada4
59556f67e91098916c30cc97c0ad92deee1c86-N
/A-N/A-20190703181124758826