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. 88205000 BIOCERA(Standard Characters, see http://uspto.report/TM/88205000/mark.png) has been amended as follows:

ADDITIONAL STATEMENTS
Translation
The wording BIOCERA has no meaning in a foreign language.


Miscellaneous Statement
In an Office Action dated 5 March 2019 Trademark Examining Attorney Megan K. Hartnett has requested a translation of the mark's suffix CERA to the English word wax. Applicant respectfully disagrees with the translation request as being contrary to the requirements of 37 C.F.R. §2.32(a)(9). A translation is required for components of a compound word only if one or more of the words in the mark appears to be non-English wording that would clearly be perceived as a distinct word(s) within the compound. The mark BIOCERA would be perceived by consumers as a single word because the prefix BIO has no meaning standing alone. Consumers would therefore not immediately believe that BIO and CERA is simply a combination of two distinct words. See TMEP 809 ("If, however, the combination either suggests a single word or conveys a commercial impression other than a mark comprised of two separate words, no translation of the non-English portion should be required). Accordingly, applicant request that the translation requirement be withdrawn. BIOCERA is a coined word with no meaning in the English language or any language. Applicant has entered a statement to that effect in the Application. Courtesy, cooperation and expertise of Examining Attorney Hartnett are acknowledged and appreciated.


SIGNATURE(S)
Response Signature
Signature: /CharlesEBaxley/     Date: 03/20/2019
Signatory's Name: Charles E. Baxley
Signatory's Position: Attorney of record, NYS Bar member

Signatory's Phone Number: 212-791-7200

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: 88205000
Internet Transmission Date: Wed Mar 20 10:50:16 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190320105016881
281-88205000-620aab226e5419ee545057d1626
dd946da4f019a05dadf578a43d70c028239512-N
/A-N/A-20190320103351742258