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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88151695 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
MARK SECTION |
MARK |
http://uspto.report/TM/88151695/mark.png |
LITERAL ELEMENT |
PAXXUS |
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. |
GOODS AND/OR SERVICES SECTION (010)(current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Pouches made from films, foil, papers, and non-woven materials, namely high density polyethylene fibers, both in unprinted and printed,
and single and multiweb form, for use in connection with packaging for medical devices; Plastic flexible films for medical use; Sterilizable pouches for use in packaging to transport and store
medical devices, biologics, diagnostics, and pharmaceutical products |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Pouches made from films, foil, papers, and non-woven materials, namely high density polyethylene fibers,
both in unprinted and printed, and single and multiweb form, for use in connection with packaging for medical devices; Pouches made from plastic films, aluminum
foil, papers, and non-woven materials, namely high density polyethylene fibers, for use in connection with packaging for medical devices; Plastic flexible films for medical
use; Sterilizable pouches for use in packaging to transport and store medical devices, biologics, diagnostics, and pharmaceutical products; Sterilizable pouches for use in packaging to store medical devices, pharmaceutical products, medical diagnostic equipment, and biological products for human use |
FINAL DESCRIPTION |
Pouches made from plastic films, aluminum foil, papers, and non-woven materials, namely high density polyethylene fibers, for use in
connection with packaging for medical devices; Plastic flexible films for medical use; Sterilizable pouches for use in packaging to store medical devices, pharmaceutical products, medical diagnostic
equipment, and biological products for human use |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016)(current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Plastic flexible packaging film; flexible packaging materials, namely, films, foil, papers, and non-woven materials, namely high
density polyethylene fibers, both in unprinted and printed, and single and multiweb form; packaging for barrier systems made of films, foil, papers and non-woven materials, namely high density
polyethylene fibers, both in unprinted and printed, and single and multiweb form |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016)(proposed) |
INTERNATIONAL CLASS |
016 |
TRACKED TEXT DESCRIPTION |
Plastic flexible packaging film; flexible packaging materials, namely, films,
foil, papers, and non-woven materials, namely high density polyethylene fibers, both in unprinted and printed, and single and multiweb form; flexible packaging
materials primarily composed of plastic films, papers, and non-woven materials, namely high density polyethylene fibers, and also including aluminum foils; packaging for barrier systems made of films, foil, papers and non-woven materials, namely high density polyethylene fibers, both in unprinted and printed, and single and multiweb form;
flexible packaging materials composed of plastic films, papers, and non-woven materials, namely high density polyethylene fibers; packaging for barrier systems primarily composed of plastic films, papers, and non-woven materials, namely high density polyethylene fibers, and also including aluminum foil;
packaging for barrier systems composed of plastic films, papers, and non-woven materials, namely high density polyethylene fibers |
FINAL DESCRIPTION |
Plastic flexible packaging film; flexible packaging materials primarily composed of plastic films, papers, and non-woven materials,
namely high density polyethylene fibers, and also including aluminum foils; flexible packaging materials composed of plastic films, papers, and non-woven materials, namely high density polyethylene
fibers; packaging for barrier systems primarily composed of plastic films, papers, and non-woven materials, namely high density polyethylene fibers, and also including aluminum foil; packaging for
barrier systems composed of plastic films, papers, and non-woven materials, namely high density polyethylene fibers |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (040)(no change) |
GOODS AND/OR SERVICES SECTION (006)(class added) |
INTERNATIONAL CLASS |
006 |
DESCRIPTION |
Flexible packaging materials primarily composed of aluminum foil and also including plastic films, papers, and non-woven materials,
namely high density polyethylene fibers |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Stephen D. Lott/ |
SIGNATORY'S NAME |
Stephen D. Lott |
SIGNATORY'S POSITION |
Attorney of Record, Illinois Bar Member |
SIGNATORY'S PHONE NUMBER |
312-460-5343 |
DATE SIGNED |
04/20/2019 |
RESPONSE SIGNATURE |
/Stephen D. Lott/ |
SIGNATORY'S NAME |
Stephen D. Lott |
SIGNATORY'S POSITION |
Attorney of Record, Illinois Bar Member |
SIGNATORY'S PHONE NUMBER |
312-460-5343 |
DATE SIGNED |
04/20/2019 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Sat Apr 20 15:10:53 EDT 2019 |
TEAS STAMP |
USPTO/RFR-XXX.XXX.XXX.XXX
-20190420151053264888-881
51695-620b929a2b347f9d599
7c22ae42ae81d47a2f6243c91
52bd7f2ac156eb2ec1e7b6e-D
A-5215-201904201500189180
70 |
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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
88151695 PAXXUS(Standard Characters, see http://uspto.report/TM/88151695/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 010 for Pouches made from films, foil, papers, and non-woven materials, namely high density polyethylene fibers, both in unprinted and printed, and single and multiweb form, for
use in connection with packaging for medical devices; Plastic flexible films for medical use; Sterilizable pouches for use in packaging to transport and store medical devices, biologics, diagnostics,
and pharmaceutical products
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: Pouches made from films, foil, papers, and non-woven materials, namely high density polyethylene fibers, both in unprinted and printed,
and single and multiweb form, for use in connection with packaging for medical devices;
Pouches made from plastic films, aluminum foil, papers, and non-woven
materials, namely high density polyethylene fibers, for use in connection with packaging for medical devices;
Plastic flexible films for medical use;
Sterilizable pouches for use in packaging to transport and store medical devices, biologics, diagnostics, and pharmaceutical products;
Sterilizable pouches for use in packaging to store medical devices, pharmaceutical products, medical diagnostic equipment, and biological products for human useClass 010 for Pouches
made from plastic films, aluminum foil, papers, and non-woven materials, namely high density polyethylene fibers, for use in connection with packaging for medical devices; Plastic flexible films for
medical use; Sterilizable pouches for use in packaging to store medical devices, pharmaceutical products, medical diagnostic equipment, and biological products for human use
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 016 for Plastic flexible packaging film; flexible packaging materials, namely, films, foil, papers, and non-woven materials, namely high density polyethylene fibers, both in
unprinted and printed, and single and multiweb form; packaging for barrier systems made of films, foil, papers and non-woven materials, namely high density polyethylene fibers, both in unprinted and
printed, and single and multiweb form
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: Plastic flexible packaging film;
flexible packaging materials, namely, films, foil, papers, and non-woven
materials, namely high density polyethylene fibers, both in unprinted and printed, and single and multiweb form;
flexible packaging materials primarily composed
of plastic films, papers, and non-woven materials, namely high density polyethylene fibers, and also including aluminum foils;
packaging for barrier systems
made of films, foil, papers and non-woven materials, namely high density polyethylene fibers, both in unprinted and printed, and single and multiweb form;
flexible packaging materials composed of plastic films, papers, and non-woven materials, namely high density polyethylene fibers;
packaging for barrier
systems primarily composed of plastic films, papers, and non-woven materials, namely high density polyethylene fibers, and also including aluminum foil;
packaging for barrier systems composed of plastic films, papers, and non-woven materials, namely high density polyethylene fibersClass 016 for Plastic flexible packaging film; flexible
packaging materials primarily composed of plastic films, papers, and non-woven materials, namely high density polyethylene fibers, and also including aluminum foils; flexible packaging materials
composed of plastic films, papers, and non-woven materials, namely high density polyethylene fibers; packaging for barrier systems primarily composed of plastic films, papers, and non-woven
materials, namely high density polyethylene fibers, and also including aluminum foil; packaging for barrier systems composed of plastic films, papers, and non-woven materials, namely high density
polyethylene fibers
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 hereby adds the following class of goods/services to the application:
New: Class 006 for Flexible packaging materials primarily composed of aluminum foil and also including plastic films, papers, and non-woven materials, namely high density polyethylene
fibers
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.
FEE(S)
Fee(s) in the amount of $275 is being submitted.
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /Stephen D. Lott/ Date: 04/20/2019
Signatory's Name: Stephen D. Lott
Signatory's Position: Attorney of Record, Illinois Bar Member
Signatory's Phone Number: 312-460-5343
Request for Reconsideration Signature
Signature: /Stephen D. Lott/ Date: 04/20/2019
Signatory's Name: Stephen D. Lott
Signatory's Position: Attorney of Record, Illinois Bar Member
Signatory's Phone Number: 312-460-5343
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
RAM Sale Number: 88151695
RAM Accounting Date: 04/22/2019
Serial Number: 88151695
Internet Transmission Date: Sat Apr 20 15:10:53 EDT 2019
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XXX-20190420151053
264888-88151695-620b929a2b347f9d5997c22a
e42ae81d47a2f6243c9152bd7f2ac156eb2ec1e7
b6e-DA-5215-20190420150018918070