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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88212602 |
LAW OFFICE ASSIGNED |
LAW OFFICE 121 |
MARK SECTION |
MARK |
http://uspto.report/TM/88212602/mark.png |
LITERAL ELEMENT |
X-PURE |
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. |
LEGAL ENTITY SECTION (current) |
TYPE |
corporation |
STATE/COUNTRY OF INCORPORATION |
Netherlands |
LEGAL ENTITY SECTION (proposed) |
TYPE |
limited liability company |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Netherlands |
ARGUMENT(S) |
See remarks attached in PDF form which address the partial likelihood of confusion refusal under section 2(D). |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_50241219189-20190422170121807919_._4-22-2019_Office_action_remarks.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\882\126\88212602\xml4\ROA0002.JPG |
DESCRIPTION OF EVIDENCE FILE |
remarks addressing the partial likelihood of confusion refusal under section 2(D) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Gelatin and collagen, modified gelatin and collagen for medical or veterinary use; gelatin for absorbable hemostatic devices; gelatin
or collagen for parenteral formulations; gelatin or collagen, whether or not modified, for tissue engineering or cell cultures for medical or veterinary purposes; gelatin or collagen, whether or not
modified, for 3D printing for biomedical engineering |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
017929226 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
11/20/2018 |
FOREIGN EXPIRATION DATE |
07/12/2028 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Gelatin and collagen, modified gelatin and collagen for medical or veterinary use; Gelatin and collagen, modified gelatin and collagen for medical or veterinary use as an extracellular matrix in contact with human or animal cells; gelatin for absorbable hemostatic devices; gelatin or collagen for parenteral formulations; gelatin and collagen
for stabilizing parenteral formulations; gelatin or collagen, whether or not modified, for tissue engineering or cell cultures for medical or veterinary
purposes; gelatin and collagen, whether or not modified, for tissue engineering or cell cultures for medical or veterinary purposes; gelatin or collagen, whether or not modified, for 3D printing for biomedical engineering; gelatin and collagen, whether or not modified, as a
biomaterial or bioink in 3D bioprinting for biomedical engineering |
FINAL DESCRIPTION |
Gelatin and collagen, modified gelatin and collagen for medical or veterinary use as an extracellular matrix in contact with human or
animal cells; gelatin for absorbable hemostatic devices; gelatin and collagen for stabilizing parenteral formulations; gelatin and collagen, whether or not modified, for tissue engineering or cell
cultures for medical or veterinary purposes; gelatin and collagen, whether or not modified, as a biomaterial or bioink in 3D bioprinting for biomedical engineering |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
017929226 |
FOREIGN REGISTRATION
COUNTRY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
11/20/2018 |
FOREIGN EXPIRATION DATE |
07/12/2028 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Timothy Bradley/ |
SIGNATORY'S NAME |
Timothy Bradley |
SIGNATORY'S POSITION |
Attorney of record, Michigan bar member |
SIGNATORY'S PHONE NUMBER |
248-988-8360 |
DATE SIGNED |
04/22/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Apr 22 17:13:49 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20190422171349224685-8821
2602-62019994a4fc58d7b443
c6983c95d090b18b4fbd8f63e
c6a270f35cc559e54f-N/A-N/
A-20190422170121807919 |
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.
88212602 X-PURE(Standard Characters, see http://uspto.report/TM/88212602/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
See remarks attached in PDF form which address the partial likelihood of confusion refusal under section 2(D).
EVIDENCE
Evidence in the nature of remarks addressing the partial likelihood of confusion refusal under section 2(D) has been attached.
Original PDF file:
evi_50241219189-20190422170121807919_._4-22-2019_Office_action_remarks.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Gelatin and collagen, modified gelatin and collagen for medical or veterinary use; gelatin for absorbable hemostatic devices; gelatin or collagen for parenteral
formulations; gelatin or collagen, whether or not modified, for tissue engineering or cell cultures for medical or veterinary purposes; gelatin or collagen, whether or not modified, for 3D printing
for biomedical engineering
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017929226
registered 11/20/2018 with a renewal date of __________ and an expiration date of 07/12/2028 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Gelatin and collagen, modified gelatin and collagen for medical or veterinary use;
Gelatin and
collagen, modified gelatin and collagen for medical or veterinary use as an extracellular matrix in contact with human or animal cells;
gelatin for absorbable hemostatic
devices;
gelatin or collagen for parenteral formulations;
gelatin and collagen for stabilizing parenteral
formulations;
gelatin or collagen, whether or not modified, for tissue engineering or cell cultures for medical or veterinary purposes;
gelatin and collagen, whether or not modified, for tissue engineering or cell cultures for medical or veterinary purposes;
gelatin or collagen,
whether or not modified, for 3D printing for biomedical engineering;
gelatin and collagen, whether or not modified, as a biomaterial or bioink in 3D bioprinting
for biomedical engineeringClass 005 for Gelatin and collagen, modified gelatin and collagen for medical or veterinary use as an extracellular matrix in contact with human or animal cells;
gelatin for absorbable hemostatic devices; gelatin and collagen for stabilizing parenteral formulations; gelatin and collagen, whether or not modified, for tissue engineering or cell cultures for
medical or veterinary purposes; gelatin and collagen, whether or not modified, as a biomaterial or bioink in 3D bioprinting for biomedical engineering
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017929226
registered 11/20/2018 with a renewal date of __________ and an expiration date of 07/12/2028 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Rousselot B.V., a corporation of Netherlands, having an address of
Kanaaldijk Noord 20-21
Son, 5691NM
Netherlands
Proposed: Rousselot B.V., a limited liability company legally organized under the laws of Netherlands, having an address of
Kanaaldijk Noord 20-21
Son, 5691NM
Netherlands
SIGNATURE(S)
Response Signature
Signature: /Timothy Bradley/ Date: 04/22/2019
Signatory's Name: Timothy Bradley
Signatory's Position: Attorney of record, Michigan bar member
Signatory's Phone Number: 248-988-8360
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: 88212602
Internet Transmission Date: Mon Apr 22 17:13:49 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201904221713492
24685-88212602-62019994a4fc58d7b443c6983
c95d090b18b4fbd8f63ec6a270f35cc559e54f-N
/A-N/A-20190422170121807919