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. 88235054 BAYER(Standard Characters, see http://uspto.report/TM/88235054/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 037 for Installation, repair and maintenance of machines and machine tools, electromechanical machines for chemical industry, chemical and biochemical reactors for the production of pharmaceuticals, chemicals and bio-technical preparations, machines for the production of pharmaceuticals, chemicals and bio-technical preparations; Installation, repair and maintenance of hygienic and beauty implements for humans and animals; Installation, repair and maintenance of scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments, recorded content, magnetic data carriers, recording discs, information technology and audio-visual; Installation, repair and maintenance of multimedia and photographic devices, apparatus for recording, transmission or reproduction of sound or images, optical devices, enhancers and correctors, scientific research and laboratory apparatus, educational apparatus and simulators, data processing equipment, computers, chemical reactors; Installation, repair and maintenance of surgical, medical, dental and veterinary apparatus and instruments, medical and veterinary apparatus and instruments, prosthetics and artificial implants, artificial limbs, eyes and teeth, orthopedic articles, orthopedic and mobility aids, therapeutic and assistive devices adapted for the disabled, physical therapy equipment, massage apparatus, apparatus, devices and articles for nursing infants
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017903200 registered 09/21/2018 with a renewal date of __________ and an expiration date of 05/18/2028 ], 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: Installation, repair and maintenance of machines and machine tools, electromechanical machines for chemical industry, chemical and biochemical reactors for the production of pharmaceuticals, chemicals and bio-technical preparations, machines for the production of pharmaceuticals, chemicals and bio-technical preparations; Installation, repair and maintenance of medical machines and machine tools, used in connection therewith, electromechanical machines for chemical industry, chemical and biochemical reactors for the production of pharmaceuticals, chemicals and biotechnical preparations, and machines for the production of pharmaceuticals, chemicals and biotechnical preparations; Installation, repair and maintenance of hygienic and beauty implements for humans and animals; Installation, repair and maintenance of hygienic and beauty implements for humans, namely, machines and apparatus for use in beauty salons or barbers' shops; Installation, repair and maintenance of scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments, recorded content, magnetic data carriers, recording discs, information technology and audio-visual; Installation, repair and maintenance of hygienic and beauty implements for animals, namely, machines and apparatus for use in pet grooming; Installation, repair and maintenance of multimedia and photographic devices, apparatus for recording, transmission or reproduction of sound or images, optical devices, enhancers and correctors, scientific research and laboratory apparatus, educational apparatus and simulators, data processing equipment, computers, chemical reactors; Installation, repair and maintenance of multimedia and photographic devices, apparatus for recording, transmission or reproduction of sound and images, optical devices, enhancers and correctors, scientific research and laboratory apparatus, educational apparatus and simulators, data processing equipment, computers, chemical reactors; Installation, repair and maintenance of surgical, medical, dental and veterinary apparatus and instruments, medical and veterinary apparatus and instruments, prosthetics and artificial implants, artificial limbs, eyes and teeth, orthopedic articles, orthopedic and mobility aids, therapeutic and assistive devices adapted for the disabled, physical therapy equipment, massage apparatus, apparatus, devices and articles for nursing infants; Installation, repair and maintenance of surgical, medical, dental and veterinary apparatus and instruments, prosthetics and artificial implants, artificial limbs, eyes and teeth, orthopedic articles, orthopedic and mobility aids, therapeutic and assistive devices adapted for the disabled, physical therapy equipment, massage apparatus, and apparatus, devices and articles for nursing infantsClass 037 for Installation, repair and maintenance of medical machines and machine tools, used in connection therewith, electromechanical machines for chemical industry, chemical and biochemical reactors for the production of pharmaceuticals, chemicals and biotechnical preparations, and machines for the production of pharmaceuticals, chemicals and biotechnical preparations; Installation, repair and maintenance of hygienic and beauty implements for humans, namely, machines and apparatus for use in beauty salons or barbers' shops; Installation, repair and maintenance of hygienic and beauty implements for animals, namely, machines and apparatus for use in pet grooming; Installation, repair and maintenance of multimedia and photographic devices, apparatus for recording, transmission or reproduction of sound and images, optical devices, enhancers and correctors, scientific research and laboratory apparatus, educational apparatus and simulators, data processing equipment, computers, chemical reactors; Installation, repair and maintenance of surgical, medical, dental and veterinary apparatus and instruments, prosthetics and artificial implants, artificial limbs, eyes and teeth, orthopedic articles, orthopedic and mobility aids, therapeutic and assistive devices adapted for the disabled, physical therapy equipment, massage apparatus, and apparatus, devices and articles for nursing infants
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017903200 registered 09/21/2018 with a renewal date of __________ and an expiration date of 05/18/2028 ], 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.

The applicant's current attorney information: Vanessa A. Ignacio. Vanessa A. Ignacio of LOWENSTEIN SANDLER LLP, is located at

      ONE LOWENSTEIN DRIVE
      ROSELAND, New Jersey 07068
      US
The docket/reference number is M0001024 069.

The phone number is 973-422-6426.

The email address is BayerTrademarkUS@bayer.com

The applicants proposed attorney information: Vanessa A. Ignacio. Other appointed attorneys are Matthew P. Hintz, Esq., David Leit, Esq. and Mark P. Kesslen, Esq.. Vanessa A. Ignacio of Lowenstein Sandler LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      One Lowenstein Drive
      Roseland, New Jersey 07068
      United States
The docket/reference number is M0001024 069.

The phone number is 973-422-6426.

The email address is BayerTrademarkUS@bayer.com

Vanessa A. Ignacio submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: VANESSA A. IGNACIO. VANESSA A. IGNACIO of LOWENSTEIN SANDLER LLP, is located at

      ONE LOWENSTEIN DRIVE
      ROSELAND, New Jersey 07068
      US
The docket/reference number is M0001024 069.

The phone number is 973-422-6426.

The email address is BayerTrademarkUS@bayer.com; lstrademark@lowenstein.com

The applicants proposed correspondence information: Vanessa A. Ignacio. Vanessa A. Ignacio of Lowenstein Sandler LLP, is located at

      One Lowenstein Drive
      Roseland, New Jersey 07068
      United States
The docket/reference number is M0001024 069.

The phone number is 973-422-6426.

The fax number is 973-597-2400.

The email address is BayerTrademarkUS@bayer.com

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


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: /Vanessa A. Ignacio/      Date: 09/05/2019
Signatory's Name: Vanessa A. Ignacio, Esq.
Signatory's Position: Attorney of Record, NJ Bar Member
Signatory's Phone Number: 9735972500


Response Signature
Signature: /Vanessa A. Ignacio/     Date: 09/05/2019
Signatory's Name: Vanessa A. Ignacio, Esq.
Signatory's Position: Attorney of Record, NJ Bar Member

Signatory's Phone Number: 9735972500

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    VANESSA A. IGNACIO
   LOWENSTEIN SANDLER LLP
   
   ONE LOWENSTEIN DRIVE
   ROSELAND, New Jersey 07068
Mailing Address:    Vanessa A. Ignacio
   Lowenstein Sandler LLP
   One Lowenstein Drive
   Roseland, New Jersey 07068
        
Serial Number: 88235054
Internet Transmission Date: Thu Sep 05 15:57:34 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-201909051557342880
87-88235054-6109c5bfa861f3fd9eca69ea6764
09c251e40ee19f31413f69291ddea21bd534119-
N/A-N/A-20190905143239121638