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. 88141769 CHOLESTOSOMES(Standard Characters, see http://uspto.report/TM/88141769/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 Alzheimer's disease, Parkinson's disease, bacterial infections, viral infections, fungal infections, sepsis, psoriasis, sunburn and thermal injury to skin and underlying tissues, lung, asthma, chronic obstructive pulmonary disease (COPD), emphysema, cancer of any or all types, diabetes, hepatic diseases including hepatitis b or c, hepatic disease including non-alcoholic steatohepatitis (NASH), non-alcoholic fatty liver disease (NAFLD), metabolic syndrome diseases, genetic disorders, Fabry's disease, alpha 1 anti-trypsin deficiency, hemophilia, cystic fibrosis, and cancers of all types, systemic inflammatory diseases including inflammatory bowel diseases, Crohn's disease, rheumatoid arthritis, Systemic lupus erythematosus (SLE), ankylosing spondylitis and vaccines and vaccination to prevent or treat infectious diseases and cancer; pharmaceutical preparations, namely, lipid vesicles encapsulating pharmaceuticals for the treatment of Alzheimer's disease, Parkinson's disease, bacterial infections, viral infections, fungal infections, sepsis, psoriasis, sunburn and thermal injury to skin and underlying tissues, lung, asthma, chronic obstructive pulmonary disease (COPD), emphysema, cancer of any or all types, diabetes, hepatic diseases including hepatitis b or c, hepatic disease including non-alcoholic steatohepatitis (NASH), non-alcoholic fatty liver disease (NAFLD), metabolic syndrome diseases, genetic disorders, Fabry's disease, alpha 1 anti-trypsin deficiency, hemophilia, cystic fibrosis, and cancers of all types, systemic inflammatory diseases including inflammatory bowel diseases, Crohn's disease, rheumatoid arthritis, Systemic lupus erythematosus (SLE), ankylosing spondylitis and vaccines and vaccination to prevent or treat infectious diseases and cancer; pharmaceutical preparations, namely, vesicles made of cholesteryl ester and containing pharmaceuticals for use in the treatment of Alzheimer's disease, Parkinson's disease, bacterial infections, viral infections, fungal infections, sepsis, psoriasis, sunburn and thermal injury to skin and underlying tissues, lung, asthma, chronic obstructive pulmonary disease (COPD), emphysema, cancer of any or all types, diabetes, hepatic diseases including hepatitis b or c, hepatic disease including non-alcoholic steatohepatitis (NASH), non-alcoholic fatty liver disease (NAFLD), metabolic syndrome diseases, genetic disorders, Fabry's disease, alpha 1 anti-trypsin deficiency, hemophilia, cystic fibrosis, and cancers of all types, systemic inflammatory diseases including inflammatory bowel diseases, Crohn's disease, rheumatoid arthritis, Systemic lupus erythematosus (SLE), ankylosing spondylitis, and vaccines and vaccination to prevent or treat infectious diseases and cancer
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 Alzheimer's disease, Parkinson's disease, bacterial infections, viral infections, fungal infections, sepsis, psoriasis, sunburn and thermal injury to skin and underlying tissues, lung, asthma, chronic obstructive pulmonary disease (COPD), emphysema, cancer of any or all types, diabetes, hepatic diseases including hepatitis b or c, hepatic disease including non-alcoholic steatohepatitis (NASH), non-alcoholic fatty liver disease (NAFLD), metabolic syndrome diseases, genetic disorders, Fabry's disease, alpha 1 anti-trypsin deficiency, hemophilia, cystic fibrosis, and cancers of all types, systemic inflammatory diseases including inflammatory bowel diseases, Crohn's disease, rheumatoid arthritis, Systemic lupus erythematosus (SLE), ankylosing spondylitis and vaccines and vaccination to prevent or treat infectious diseases and cancer; Pharmaceutical preparations for Alzheimer's disease, Parkinson's disease, bacterial infections, viral infections, fungal infections, sepsis, psoriasis, sunburn and thermal injury to skin and underlying tissues, lung disease, asthma, chronic obstructive pulmonary disease (COPD), emphysema, cancer of all types, diabetes, hepatic diseases including hepatitis b or c, hepatic disease including non-alcoholic steatohepatitis (NASH), non-alcoholic fatty liver disease (NAFLD), metabolic syndrome diseases, genetic disorders, Fabry's disease, alpha 1 anti-trypsin deficiency, hemophilia, cystic fibrosis, systemic inflammatory diseases including inflammatory bowel diseases, Crohn's disease, rheumatoid arthritis, Systemic lupus erythematosus (SLE), and ankylosing spondylitis; pharmaceutical preparations, namely, lipid vesicles encapsulating pharmaceuticals for the treatment of Alzheimer's disease, Parkinson's disease, bacterial infections, viral infections, fungal infections, sepsis, psoriasis, sunburn and thermal injury to skin and underlying tissues, lung, asthma, chronic obstructive pulmonary disease (COPD), emphysema, cancer of any or all types, diabetes, hepatic diseases including hepatitis b or c, hepatic disease including non-alcoholic steatohepatitis (NASH), non-alcoholic fatty liver disease (NAFLD), metabolic syndrome diseases, genetic disorders, Fabry's disease, alpha 1 anti-trypsin deficiency, hemophilia, cystic fibrosis, and cancers of all types, systemic inflammatory diseases including inflammatory bowel diseases, Crohn's disease, rheumatoid arthritis, Systemic lupus erythematosus (SLE), ankylosing spondylitis and vaccines and vaccination to prevent or treat infectious diseases and cancer; vaccines and vaccinations to prevent or treat infectious diseases and cancer; pharmaceutical preparations, namely, vesicles made of cholesteryl ester and containing pharmaceuticals for use in the treatment of Alzheimer's disease, Parkinson's disease, bacterial infections, viral infections, fungal infections, sepsis, psoriasis, sunburn and thermal injury to skin and underlying tissues, lung, asthma, chronic obstructive pulmonary disease (COPD), emphysema, cancer of any or all types, diabetes, hepatic diseases including hepatitis b or c, hepatic disease including non-alcoholic steatohepatitis (NASH), non-alcoholic fatty liver disease (NAFLD), metabolic syndrome diseases, genetic disorders, Fabry's disease, alpha 1 anti-trypsin deficiency, hemophilia, cystic fibrosis, and cancers of all types, systemic inflammatory diseases including inflammatory bowel diseases, Crohn's disease, rheumatoid arthritis, Systemic lupus erythematosus (SLE), ankylosing spondylitis, and vaccines and vaccination to prevent or treat infectious diseases and cancer; drug delivery agents in the form of capsules made of lipids, containing and facilitating the delivery of pharmaceuticals for the treatment of Alzheimer's disease, Parkinson's disease, bacterial infections, viral infections, fungal infections, sepsis, psoriasis, sunburn and thermal injury to skin and underlying tissues, lung disease, asthma, chronic obstructive pulmonary disease (COPD), emphysema, cancer of all types, diabetes, hepatic diseases including hepatitis b or c, hepatic disease including non-alcoholic steatohepatitis (NASH), non-alcoholic fatty liver disease (NAFLD), metabolic syndrome diseases, genetic disorders, Fabry's disease, alpha 1 anti-trypsin deficiency, hemophilia, cystic fibrosis, systemic inflammatory diseases including inflammatory bowel diseases, Crohn's disease, rheumatoid arthritis, Systemic lupus erythematosus (SLE), ankylosing spondylitis; vaccines and vaccinations to prevent or treat infectious diseases and cancer; drug delivery agents in the form of capsules made of cholesteryl ester, containing and facilitating the delivery of pharmaceuticals for use in the treatment of Alzheimer's disease, Parkinson's disease, bacterial infections, viral infections, fungal infections, sepsis, psoriasis, sunburn and thermal injury to skin and underlying tissues, lung disease, asthma, chronic obstructive pulmonary disease (COPD), emphysema, cancer of all types, diabetes, hepatic diseases including hepatitis b or c, hepatic disease including non-alcoholic steatohepatitis (NASH), non-alcoholic fatty liver disease (NAFLD), metabolic syndrome diseases, genetic disorders, Fabry's disease, alpha 1 anti-trypsin deficiency, hemophilia, cystic fibrosis, systemic inflammatory diseases including inflammatory bowel diseases, Crohn's disease, rheumatoid arthritis, Systemic lupus erythematosus (SLE), and ankylosing spondylitis; and vaccines and vaccinations to prevent or treat infectious diseases and cancerClass 005 for Pharmaceutical preparations for Alzheimer's disease, Parkinson's disease, bacterial infections, viral infections, fungal infections, sepsis, psoriasis, sunburn and thermal injury to skin and underlying tissues, lung disease, asthma, chronic obstructive pulmonary disease (COPD), emphysema, cancer of all types, diabetes, hepatic diseases including hepatitis b or c, hepatic disease including non-alcoholic steatohepatitis (NASH), non-alcoholic fatty liver disease (NAFLD), metabolic syndrome diseases, genetic disorders, Fabry's disease, alpha 1 anti-trypsin deficiency, hemophilia, cystic fibrosis, systemic inflammatory diseases including inflammatory bowel diseases, Crohn's disease, rheumatoid arthritis, Systemic lupus erythematosus (SLE), and ankylosing spondylitis; vaccines and vaccinations to prevent or treat infectious diseases and cancer; drug delivery agents in the form of capsules made of lipids, containing and facilitating the delivery of pharmaceuticals for the treatment of Alzheimer's disease, Parkinson's disease, bacterial infections, viral infections, fungal infections, sepsis, psoriasis, sunburn and thermal injury to skin and underlying tissues, lung disease, asthma, chronic obstructive pulmonary disease (COPD), emphysema, cancer of all types, diabetes, hepatic diseases including hepatitis b or c, hepatic disease including non-alcoholic steatohepatitis (NASH), non-alcoholic fatty liver disease (NAFLD), metabolic syndrome diseases, genetic disorders, Fabry's disease, alpha 1 anti-trypsin deficiency, hemophilia, cystic fibrosis, systemic inflammatory diseases including inflammatory bowel diseases, Crohn's disease, rheumatoid arthritis, Systemic lupus erythematosus (SLE), ankylosing spondylitis; vaccines and vaccinations to prevent or treat infectious diseases and cancer; drug delivery agents in the form of capsules made of cholesteryl ester, containing and facilitating the delivery of pharmaceuticals for use in the treatment of Alzheimer's disease, Parkinson's disease, bacterial infections, viral infections, fungal infections, sepsis, psoriasis, sunburn and thermal injury to skin and underlying tissues, lung disease, asthma, chronic obstructive pulmonary disease (COPD), emphysema, cancer of all types, diabetes, hepatic diseases including hepatitis b or c, hepatic disease including non-alcoholic steatohepatitis (NASH), non-alcoholic fatty liver disease (NAFLD), metabolic syndrome diseases, genetic disorders, Fabry's disease, alpha 1 anti-trypsin deficiency, hemophilia, cystic fibrosis, systemic inflammatory diseases including inflammatory bowel diseases, Crohn's disease, rheumatoid arthritis, Systemic lupus erythematosus (SLE), and ankylosing spondylitis; and vaccines and vaccinations to prevent or treat infectious diseases and cancer
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
Significance of wording, letter(s), or numeral(s)
CHOLESTOSOMES appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /R. Neil Sudol/     Date: 07/18/2019
Signatory's Name: R. Neil Sudol
Signatory's Position: Attorney for applicant, member NY State bar

Signatory's Phone Number: 203-366-3560

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: 88141769
Internet Transmission Date: Thu Jul 18 15:45:38 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201907181545382239
75-88141769-6203047ddd6214dd5fda19d9fe83
b4a4d87752c648846fada09cc743c15a3373e3-N
/A-N/A-20190718154304570087