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. 88236476 BAYER(Standard Characters, see http://uspto.report/TM/88236476/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Office Action advises that that the filing date of pending Serial No. 79241388 precedes applicant’s filing date, and that if the mark in the referenced application registers, Applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion. 

 

Applicant submits that no confusion is likely.  Action on Serial No. 79241388 is currently suspended based on, among other issues, the earlier effective filing date of Ser. No. 87908201 (see Exhibit A).  Applicant is owner of  Ser. No. 87908201, which is now issued as Reg. No. 5810271 (see Exhibit B). 

 

The application at-issue consists of the word "BAYER”.  Likewise, the goods and services now registered as Reg. No. 5810271 are substantially the same as the goods and services in the application at-issue.

 

As the Office has already deemed Applicant’s own Reg. No. 5810271 as a potential bar to Serial No. 79241388, it would appear unreasonable to now suspend or potentially bar refusal of Applicant’s BAYER wordmark for the substantially same goods and services over Serial No. 79241388.

In response to the Section 2(e)(4) refusal that the mark is primarily merely a surname, Applicant submits that the subject mark has become distinctive of the good and 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.

 

Applicant also claims ownership of the cited marks in U.S. Registration Numbers 5299177 and 5299178.

Accordingly, Applicant submits that the application at-issue should be approved for publication in the Official Gazette.

EVIDENCE
Evidence in the nature of copies of suspension letter and TSDR record has been attached.
Original PDF file:
evi_19912791-20190906123526729808_._Bayer__Exhibit_A_Suspension_Letter_for_79241388_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_19912791-20190906123526729808_._BAYER___Exhibit_B_TSDR_Reg._No._5810271_.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry except preserving foodstuffs; Chemical substances for preserving foodstuffs; Growing media, fertilizers and chemicals for use in agriculture, horticulture and forestry except fungicides, herbicides, insecticides and parasiticides; Chemicals for use in aquaculture except fungicides, herbicides, insecticides and parasiticides; Chemical preparations for use in agriculture, horticulture and forestry, namely, chemical preparations for the treatment of seeds; chemicals for use in purification of water; natural microorganisms used in pond maintenance; microbial inoculants for application to seeds used in agriculture; plant growth regulating preparations
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 017903195 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: Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry except preserving foodstuffs; Chemicals used in industry, science and photography except for preserving foodstuffs; chemicals for use in agriculture, horticulture and forestry, namely, chemical preparations for the treatment of seeds, except fungicides, herbicides, insecticides and parasiticides and except for preserving foodstuffs; Chemical substances for preserving foodstuffs; Growing media, fertilizers and chemicals for use in agriculture, horticulture and forestry except fungicides, herbicides, insecticides and parasiticides; Chemicals for use in aquaculture except fungicides, herbicides, insecticides and parasiticides; Chemical preparations for use in agriculture, horticulture and forestry, namely, chemical preparations for the treatment of seeds; chemicals for use in purification of water; natural microorganisms used in pond maintenance; microbial inoculants for application to seeds used in agriculture; plant growth regulating preparationsClass 001 for Chemicals used in industry, science and photography except for preserving foodstuffs; chemicals for use in agriculture, horticulture and forestry, namely, chemical preparations for the treatment of seeds, except fungicides, herbicides, insecticides and parasiticides and except for preserving foodstuffs; Chemical substances for preserving foodstuffs; Growing media, fertilizers and chemicals for use in agriculture, horticulture and forestry except fungicides, herbicides, insecticides and parasiticides; Chemicals for use in aquaculture except fungicides, herbicides, insecticides and parasiticides; Chemical preparations for use in agriculture, horticulture and forestry, namely, chemical preparations for the treatment of seeds; chemicals for use in purification of water; natural microorganisms used in pond maintenance; microbial inoculants for application to seeds used in agriculture; plant growth regulating preparations
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 017903195 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Bleaching preparations and other substances, namely, detergents, bleaches, starches for laundry use; cleaning, polishing, scouring and abrasive preparations; non medicated soaps; perfumery, essential oils, non medicated cosmetics, non medicated hair lotions; non medicated dentifrices
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 017903195 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: Bleaching preparations and other substances, namely, detergents, bleaches, starches for laundry use; cleaning, polishing, scouring and abrasive preparations; non medicated soaps; Non-medicated soaps; perfumery, essential oils, non medicated cosmetics, non medicated hair lotions; Perfumery; non medicated dentifrices; essential oils; non--medicated cosmetics; non-medicated hair lotions; Non-medicated dentifricesClass 003 for Bleaching preparations and other substances, namely, detergents, bleaches, starches for laundry use; cleaning, polishing, scouring and abrasive preparations; Non-medicated soaps; Perfumery; essential oils; non--medicated cosmetics; non-medicated hair lotions; Non-medicated dentifrices
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 017903195 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceuticals, medical and veterinary preparations for the treatment and or prevention of pain, fever, pulmonary, respiratory, nasal, ophthalmological, ocular, otological, cardiovascular, metabolic, oncological, urological, gynecological, reproductive, climacteric, inflammatory, circulatory, infectious, hormonal, endocrinological, lymphatic, neurological, muscular, skeletal, renal, fungal, parasitic, septic, infectious, digestive, dermatological, allergenic, virological, immunological, hematological, osteological, hyperlipidemic, and podiatric conditions and diseases, and for the treatment of vitamin, mineral and nutritional dietary deficiencies, insect bites and sexual dysfunction; Sanitary preparations for medical purposes; Dietetic food and substances, namely, antibacterial substances, astringent substances for the skin, medicated substances for the lips, skin and hair, namely, medicated lip balms, skin creams, soaps, shampoos and tissues impregnated with pharmaceutical lotions, medical substances, namely, medical diagnostic reagents, contrast media and substances for testing allergies adapted for medical or veterinary use; Food for babies; Dietary supplements for humans and animals; Medical plasters, materials for medical dressings; Material for stopping teeth, dental wax; Disinfectants; Preparations for destroying vermin; Fungicides, herbicides
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 017903195 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: Pharmaceuticals, medical and veterinary preparations for the treatment and or prevention of pain, fever, pulmonary, respiratory, nasal, ophthalmological, ocular, otological, cardiovascular, metabolic, oncological, urological, gynecological, reproductive, climacteric, inflammatory, circulatory, infectious, hormonal, endocrinological, lymphatic, neurological, muscular, skeletal, renal, fungal, parasitic, septic, infectious, digestive, dermatological, allergenic, virological, immunological, hematological, osteological, hyperlipidemic, and podiatric conditions and diseases, and for the treatment of vitamin, mineral and nutritional dietary deficiencies, insect bites and sexual dysfunction; Sanitary preparations for medical purposes; Dietetic food and substances, namely, antibacterial substances, astringent substances for the skin, medicated substances for the lips, skin and hair, namely, medicated lip balms, skin creams, soaps, shampoos and tissues impregnated with pharmaceutical lotions, medical substances, namely, medical diagnostic reagents, contrast media and substances for testing allergies adapted for medical or veterinary use; Dietetic food and dietetic substances, namely, beverages and infusions adapted for medical and veterinary use; antibacterial substances, astringent substances for the skin, medicated substances for the skin and hair, namely, medicated soaps, shampoos and tissues impregnated with pharmaceutical lotions, medical substances, namely, medical diagnostic reagents, contrast media and substances for testing allergies, all adapted for medical or veterinary use; Food for babies; Medical plasters, materials for medical dressings; Dietary supplements for humans and animals; Medical plasters; materials for medical dressings, namely, gauze and bandages for medical dressings; Material for stopping teeth, dental wax; Fungicides, herbicides; Disinfectants; Preparations for destroying vermin; Fungicides; herbicidesClass 005 for Pharmaceuticals, medical and veterinary preparations for the treatment and or prevention of pain, fever, pulmonary, respiratory, nasal, ophthalmological, ocular, otological, cardiovascular, metabolic, oncological, urological, gynecological, reproductive, climacteric, inflammatory, circulatory, infectious, hormonal, endocrinological, lymphatic, neurological, muscular, skeletal, renal, fungal, parasitic, septic, infectious, digestive, dermatological, allergenic, virological, immunological, hematological, osteological, hyperlipidemic, and podiatric conditions and diseases, and for the treatment of vitamin, mineral and nutritional dietary deficiencies, insect bites and sexual dysfunction; Sanitary preparations for medical purposes; Dietetic food and dietetic substances, namely, beverages and infusions adapted for medical and veterinary use; antibacterial substances, astringent substances for the skin, medicated substances for the skin and hair, namely, medicated soaps, shampoos and tissues impregnated with pharmaceutical lotions, medical substances, namely, medical diagnostic reagents, contrast media and substances for testing allergies, all adapted for medical or veterinary use; Food for babies; Dietary supplements for humans and animals; Medical plasters; materials for medical dressings, namely, gauze and bandages for medical dressings; Material for stopping teeth, dental wax; Disinfectants; Preparations for destroying vermin; Fungicides; herbicides
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 017903195 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments, namely, computer programs and software for management and analysis of scientific and patent data and for the modeling and simulation of biological systems; sensitized bio chips and bio reactive surfaces, bio chips containing nucleic acid, protein and receptor micro arrays, and micro fluidics cell or bio chip cartridges in nucleic acid and protonic research; laboratory apparatus and instruments, comprising fluidics instruments and optical excites and detectors, for the production and quality control of sensitized bio chips and bio reactive surfaces containing chemical and biochemical sensors, nucleic acid, protein and receptor micro arrays; imaging systems comprising cameras and computers and exposure controls for use with photo diode arrays; computer software containing algorithms for identifying, filtering, quantifying and analyzing data from bio chip images and controlling and automating the production, identification, assaying, imaging and analysis of bio chips; computer software for the generation of databases and libraries, input of bio chip data into databases and libraries, and interfacing with external databases and libraries for the correlation of analytical data with results from biological or pharmacological studies; electronic virus inactivation and disinfection apparatus for the ultraviolet treatment of biotechnological or human blood plasma-derived products, namely, pharmaceuticals. computer software for managing, analyzing and reporting medical injection and imaging data and protocols; computer software for tracking usage of contrast and associated consumables; computer software for managing a medical fluid delivery system and related accessories; computer software and associated computer hardware for use in collecting, storing, managing, processing, communicating and reporting of data obtained from medical devices, medical related devices and input devices to which the hardware interconnects; extravasation detection system for monitoring the injection of medical fluids; computer hardware and software used for diabetes monitoring and management; computer software for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information; computer software for farm management; computer programs containing reference guides used for agricultural advice, crop management, crop treatment, product use directions and growth guides; product labels used for crop management, crop treatment, product use directions and compliance requirements and administrative forms used for crop registration, crop treatment and produce us3e and compliance, all in the field of agriculture; electronic interactive database of information in the field of agriculture recorded on computer media; hardware and computer peripheral devices and computer software for use in the area of agriculture to perform the functions of machine optimization, logistics optimization and decision support; electronic systems to control and to manage farm machinery; computer programs for agricultural purposes; computer applications and internet based to increase agricultural productivity and crop tools
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 017903195 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: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments, namely, computer programs and software for management and analysis of scientific and patent data and for the modeling and simulation of biological systems; Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking, supervision, life-saving and teaching apparatus and instruments, namely, computer programs and software for management and analysis of scientific and patent data and for the modeling and simulation of biological systems; sensitized bio chips and bio reactive surfaces, bio chips containing nucleic acid, protein and receptor micro arrays, and micro fluidics cell or bio chip cartridges in nucleic acid and protonic research; sensitized biochips and bioreactive surfaces for research or scientific purposes; laboratory apparatus and instruments, comprising fluidics instruments and optical excites and detectors, for the production and quality control of sensitized bio chips and bio reactive surfaces containing chemical and biochemical sensors, nucleic acid, protein and receptor micro arrays; biochips containing nucleic acid, protein and receptor micro arrays, and microfluidic cell culture and biochip cartridges for use in nucleic acid and protonic research; imaging systems comprising cameras and computers and exposure controls for use with photo diode arrays; laboratory apparatus and instruments, comprising fluidics instruments and optical excites and detectors, for the production and quality control of sensitized biochips and bioreactive surfaces containing chemical and biochemical sensors, nucleic acid, protein and receptor micro arrays; computer software containing algorithms for identifying, filtering, quantifying and analyzing data from bio chip images and controlling and automating the production, identification, assaying, imaging and analysis of bio chips; imaging systems comprising cameras and computers and exposure controls for use with photodiode arrays; computer software for the generation of databases and libraries, input of bio chip data into databases and libraries, and interfacing with external databases and libraries for the correlation of analytical data with results from biological or pharmacological studies; computer software containing algorithms for identifying, filtering, quantifying and analyzing data from biochip images and controlling and automating the production, identification, assaying, imaging and analysis of biochips; electronic virus inactivation and disinfection apparatus for the ultraviolet treatment of biotechnological or human blood plasma-derived products, namely, pharmaceuticals. computer software for managing, analyzing and reporting medical injection and imaging data and protocols; computer software for the generation of databases and libraries, input of biochip data into databases and libraries, and interfacing with external databases and libraries for the correlation of analytical data with results from biological or pharmacological studies; computer software for tracking usage of contrast and associated consumables; electronic virus inactivation and disinfection apparatus for the ultraviolet treatment of biotechnological or human blood plasma-derived products, namely, pharmaceuticals, not for medical purposes; computer software for managing a medical fluid delivery system and related accessories; computer software for managing, analyzing and reporting medical injection and imaging data and protocols; computer software for tracking usage of contrast media and associated consumables; extravasation detection system for monitoring the injection of medical fluids; computer software for managing a medical fluid delivery system; computer software and associated computer hardware for use in collecting, storing, managing, processing, communicating and reporting of data obtained from medical devices, medical related devices and input devices to which the hardware interconnects; extravasation detection system comprised primarily of computer hardware and software for monitoring the injection of medical fluids and not for medical purposes; computer hardware and software used for diabetes monitoring and management; computer software for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information; product labels used for crop management, crop treatment, product use directions and compliance requirements and administrative forms used for crop registration, crop treatment and produce us3e and compliance, all in the field of agriculture; computer software for farm management; computer programs containing reference guides used for agricultural advice, crop management, crop treatment, product use directions and growth guides; hardware and computer peripheral devices and computer software for use in the area of agriculture to perform the functions of machine optimization, logistics optimization and decision support; encoded bar code product labels used for crop management, crop treatment, product use directions and compliance requirements and administrative forms used for crop registration, crop treatment and produce use and compliance stored in digital form for computers and computer software, in particular on floppy disks or CD-ROM, all in the field of agriculture; electronic interactive database of information in the field of agriculture recorded on computer media; computer programs for agricultural purposes; Computer hardware and computer peripheral devices and computer software for use in the area of agriculture to perform the functions of machine optimization, logistics optimization and decision support; computer applications and internet based to increase agricultural productivity and crop tools; electronic systems to control and to manage farm machinery; computer programs for agricultural purposes, namely, for collection and processing of agricultural data; computer application software to increase agricultural productivity and for crop management toolsClass 009 for Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking, supervision, life-saving and teaching apparatus and instruments, namely, computer programs and software for management and analysis of scientific and patent data and for the modeling and simulation of biological systems; sensitized biochips and bioreactive surfaces for research or scientific purposes; biochips containing nucleic acid, protein and receptor micro arrays, and microfluidic cell culture and biochip cartridges for use in nucleic acid and protonic research; laboratory apparatus and instruments, comprising fluidics instruments and optical excites and detectors, for the production and quality control of sensitized biochips and bioreactive surfaces containing chemical and biochemical sensors, nucleic acid, protein and receptor micro arrays; imaging systems comprising cameras and computers and exposure controls for use with photodiode arrays; computer software containing algorithms for identifying, filtering, quantifying and analyzing data from biochip images and controlling and automating the production, identification, assaying, imaging and analysis of biochips; computer software for the generation of databases and libraries, input of biochip data into databases and libraries, and interfacing with external databases and libraries for the correlation of analytical data with results from biological or pharmacological studies; electronic virus inactivation and disinfection apparatus for the ultraviolet treatment of biotechnological or human blood plasma-derived products, namely, pharmaceuticals, not for medical purposes; computer software for managing, analyzing and reporting medical injection and imaging data and protocols; computer software for tracking usage of contrast media and associated consumables; computer software for managing a medical fluid delivery system; computer software and associated computer hardware for use in collecting, storing, managing, processing, communicating and reporting of data obtained from medical devices, medical related devices and input devices to which the hardware interconnects; extravasation detection system comprised primarily of computer hardware and software for monitoring the injection of medical fluids and not for medical purposes; computer hardware and software used for diabetes monitoring and management; computer software for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information; computer software for farm management; computer programs containing reference guides used for agricultural advice, crop management, crop treatment, product use directions and growth guides; encoded bar code product labels used for crop management, crop treatment, product use directions and compliance requirements and administrative forms used for crop registration, crop treatment and produce use and compliance stored in digital form for computers and computer software, in particular on floppy disks or CD-ROM, all in the field of agriculture; electronic interactive database of information in the field of agriculture recorded on computer media; Computer hardware and computer peripheral devices and computer software for use in the area of agriculture to perform the functions of machine optimization, logistics optimization and decision support; electronic systems to control and to manage farm machinery; computer programs for agricultural purposes, namely, for collection and processing of agricultural data; computer application software to increase agricultural productivity and for crop management tools
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 017903195 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Surgical, medical, dental and veterinary apparatus and instruments for the analysis of body fluids; medical and veterinary apparatus and instruments, namely, injection systems containing a vial adapter with a gauge needle attached for the application of medicines containing beta-interferon; medical devices for obtaining blood samples; medical cassettes containing reagents for dispensing of reagents for medical diagnostic purposes; medical instruments, namely, inhalators for the treatment of pulmonary hypertension; medical devices, namely, intrauterine devices; medical instruments, namely, a self-contained reconstitution set for the reconstitution and subsequent injection of pharmaceutical compounds; medical devices for delivering measured amounts of solutions into the bloodstream over time; medical devices for use in diagnostic or therapeutic procedures, namely, radiological imaging and interventional treatments; disposable fluid path medical tubing for administration of fluids to a patient; syringes for medical purposes and for injections; computer controlled automatic injection system or automatic infusion system for injecting medical fluids during the process of diagnosis or treatment of a condition in an individual; medical fluid delivery systems consisting of injectors, syringes and disposable fluid path tubing; probes for medical purposes; patient monitoring devices for use with magnetic resonance imaging apparatus, namely, vital signs monitors; medical devices, namely, anatomical positioning devices systems in the nature of medical devices for use in immobilizing internal organs, particularly the prostate, during medical procedures for use with magnetic resonance imaging (MRI); medical devices, namely, coils and interface devices in the nature of anatomically conformable surface coils for use with magnetic resonance imaging (MRI) systems; extravasation detection system for medical purposes comprised primarily of patient monitoring sensors, scan room and control room modules and sensor interface patches; orthopedic articles, namely, insoles, inserts for footwear, arch supports for footwear; orthotics for the foot; orthotic knee supports; arch inserts, namely, orthotic inserts for footwear. orthopedic and mobility aids, namely, Orthopedic implants; Orthopedic soles; Orthopedic footwear; Insoles for orthopedic footwear; Shoe pads for orthopedic use; Orthopedic support bandages; Orthopedic insoles; Inserts for shoes orthopaedic; Orthotic footwear; Orthotic insoles; Orthotic inserts for footwear; Arch supports for footwear; Foot bandages supportive; Toe inserts for footwear orthopaedic; Foot massagers; Foot massage apparatus
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 017903195 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: Surgical, medical, dental and veterinary apparatus and instruments for the analysis of body fluids; medical and veterinary apparatus and instruments, namely, injection systems containing a vial adapter with a gauge needle attached for the application of medicines containing beta-interferon; medical devices for obtaining blood samples; medical cassettes containing reagents for dispensing of reagents for medical diagnostic purposes; medical cassettes for use with reagent dispensers, namely, cassettes containing reagents for dispensing of reagents for medical diagnostic purposes; medical instruments, namely, inhalators for the treatment of pulmonary hypertension; medical instruments, namely, inhalators for the treatment of pulmonary hypertension, sold empty; medical devices, namely, intrauterine devices; medical devices, namely, intrauterine contraceptive devices; medical instruments, namely, a self-contained reconstitution set for the reconstitution and subsequent injection of pharmaceutical compounds; medical devices for delivering measured amounts of solutions into the bloodstream over time; medical devices for use in diagnostic or therapeutic procedures, namely, radiological imaging and interventional treatments; disposable fluid path medical tubing for administration of fluids to a patient; Medical apparatus for sterile fluid path systems, namely, disposable fluid path medical tubing for administration of fluids to a patient; syringes for medical purposes and for injections; computer controlled automatic injection system or automatic infusion system for injecting medical fluids during the process of diagnosis or treatment of a condition in an individual; computer controlled automatic injection system and automatic infusion system for injecting medical fluids during the process of diagnosis or treatment of a condition in an individual; medical fluid delivery systems consisting of injectors, syringes and disposable fluid path tubing; probes for medical purposes; patient monitoring devices for use with magnetic resonance imaging apparatus, namely, vital signs monitors; medical devices, namely, anatomical positioning devices systems in the nature of medical devices for use in immobilizing internal organs, particularly the prostate, during medical procedures for use with magnetic resonance imaging (MRI); medical devices, namely, coils and interface devices in the nature of anatomically conformable surface coils for use with magnetic resonance imaging (MRI) systems; extravasation detection system for medical purposes comprised primarily of patient monitoring sensors, scan room and control room modules and sensor interface patches; extravasation detection system for medical purposes comprised primarily of patient monitoring sensors for use in scan rooms and control rooms for CT and MRI procedures; orthopedic articles, namely, insoles, inserts for footwear, arch supports for footwear; orthotics for the foot; orthotic knee supports; orthotic knee supports, namely, medical braces for the knee; arch inserts, namely, orthotic inserts for footwear. orthopedic and mobility aids, namely, Orthopedic implants; arch inserts, namely, orthotic inserts for footwear; orthopedic and mobility aids, namely, Orthopedic implants made of artificial materials; Orthopedic soles; Orthopedic footwear; Insoles for orthopedic footwear; Shoe pads for orthopedic use; Orthopedic insoles; Orthopedic support bandages; Inserts for shoes orthopaedic; Orthotic footwear; Orthotic insoles; Orthotic inserts for footwear; Arch supports for footwear; Foot bandages supportive; Orthopedic toe inserts for footwear, namely, toe separators; Toe inserts for footwear orthopaedic; Foot massagers; Foot massage apparatusClass 010 for Surgical, medical, dental and veterinary apparatus and instruments for the analysis of body fluids; medical and veterinary apparatus and instruments, namely, injection systems containing a vial adapter with a gauge needle attached for the application of medicines containing beta-interferon; medical devices for obtaining blood samples; medical cassettes for use with reagent dispensers, namely, cassettes containing reagents for dispensing of reagents for medical diagnostic purposes; medical instruments, namely, inhalators for the treatment of pulmonary hypertension, sold empty; medical devices, namely, intrauterine contraceptive devices; medical instruments, namely, a self-contained reconstitution set for the reconstitution and subsequent injection of pharmaceutical compounds; medical devices for delivering measured amounts of solutions into the bloodstream over time; medical devices for use in diagnostic or therapeutic procedures, namely, radiological imaging and interventional treatments; Medical apparatus for sterile fluid path systems, namely, disposable fluid path medical tubing for administration of fluids to a patient; syringes for medical purposes and for injections; computer controlled automatic injection system and automatic infusion system for injecting medical fluids during the process of diagnosis or treatment of a condition in an individual; medical fluid delivery systems consisting of injectors, syringes and disposable fluid path tubing; probes for medical purposes; patient monitoring devices for use with magnetic resonance imaging apparatus, namely, vital signs monitors; medical devices, namely, anatomical positioning devices systems in the nature of medical devices for use in immobilizing internal organs, particularly the prostate, during medical procedures for use with magnetic resonance imaging (MRI); medical devices, namely, coils and interface devices in the nature of anatomically conformable surface coils for use with magnetic resonance imaging (MRI) systems; extravasation detection system for medical purposes comprised primarily of patient monitoring sensors for use in scan rooms and control rooms for CT and MRI procedures; orthopedic articles, namely, insoles, inserts for footwear, arch supports for footwear; orthotics for the foot; orthotic knee supports, namely, medical braces for the knee; arch inserts, namely, orthotic inserts for footwear; orthopedic and mobility aids, namely, Orthopedic implants made of artificial materials; Orthopedic soles; Orthopedic footwear; Insoles for orthopedic footwear; Shoe pads for orthopedic use; Orthopedic support bandages; Orthotic footwear; Orthotic insoles; Orthotic inserts for footwear; Arch supports for footwear; Foot bandages supportive; Orthopedic toe inserts for footwear, namely, toe separators; Foot massagers; Foot massage apparatus
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 017903195 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for Raw and unprocessed agricultural and horticultural products, namely, unprocessed seeds for agricultural and horticultural use; raw and unprocessed grains and agricultural, horticultural, and vegetable seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; foodstuffs and beverages for animals; agricultural and aqua-cultural crops, horticulture and forestry products, namely, unprocessed seeds for agricultural, aqua-cultural, forestry, and horticultural use; foodstuffs and fodder for animals; fodder; animal foodstuffs
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 017903195 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: Raw and unprocessed agricultural and horticultural products, namely, unprocessed seeds for agricultural and horticultural use; raw and unprocessed grains and agricultural, horticultural, and vegetable seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; foodstuffs and beverages for animals; agricultural and aqua-cultural crops, horticulture and forestry products, namely, unprocessed seeds for agricultural, aqua-cultural, forestry, and horticultural use; agricultural and aqua-cultural crops, namely, crop seeds; horticulture and forestry products, namely, unprocessed seeds for aqua-cultural and forestry use; foodstuffs and fodder for animals; Fodder; animal foodstuffsClass 031 for Raw and unprocessed agricultural and horticultural products, namely, unprocessed seeds for agricultural and horticultural use; raw and unprocessed grains and agricultural, horticultural, and vegetable seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; foodstuffs and beverages for animals; agricultural and aqua-cultural crops, namely, crop seeds; horticulture and forestry products, namely, unprocessed seeds for aqua-cultural and forestry use; foodstuffs and fodder for animals; Fodder; animal foodstuffs
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 017903195 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Advertising, marketing and promotional consultancy, advisory and assistance services; business administration; business management; business advice; business consulting; business assistance, management and administrative services; business analysis, research and information services; Advertising and promotion services and related consulting; provision of an on-line marketplace for buyers and sellers of goods and services; sales promotions for others; retail and wholesale store services in relation to medical preparations, veterinary preparations, pharmaceutical preparations, pharmaceuticals and natural remedies, dietary supplements and dietetic preparations, dietary supplements for humans and animals, dietetic food and substances adapted for medical or veterinary use, food for babies; retail and wholesale store services in relation to sanitary preparations and articles, disinfectants and antiseptics, preparations for destroying vermin, fungicides, herbicides, medicated and sanitizing soaps and detergents, medical dressings, coverings and applicators, pest control preparations and articles, plasters, materials for dressings, material for stopping teeth, dental wax; forestry management services
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 017903195 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: Advertising, marketing and promotional consultancy, advisory and assistance services; Advertising, marketing and promotional consultancy; advisory and assistance services with regard to business planning, business analysis, business management, business organization, marketing and customer analysis; business administration; business management; business advice; business assistance, management and administrative services; business consulting; business assistance, management and administrative services for others; business analysis, research and information services; Advertising and promotion services and related consulting; provision of an on-line marketplace for buyers and sellers of goods and services; retail and wholesale store services in relation to medical preparations, veterinary preparations, pharmaceutical preparations, pharmaceuticals and natural remedies, dietary supplements and dietetic preparations, dietary supplements for humans and animals, dietetic food and substances adapted for medical or veterinary use, food for babies; sales promotions for others; retail and wholesale store services in relation to sanitary preparations and articles, disinfectants and antiseptics, preparations for destroying vermin, fungicides, herbicides, medicated and sanitizing soaps and detergents, medical dressings, coverings and applicators, pest control preparations and articles, plasters, materials for dressings, material for stopping teeth, dental wax; retail and wholesale store services featuring medical preparations, veterinary preparations, pharmaceutical preparations, pharmaceuticals and natural remedies, dietary supplements and dietetic preparations, dietary supplements for humans and animals, dietetic food and substances adapted for medical or veterinary use, food for babies; forestry management services; retail and wholesale store services featuring sanitary preparations and articles, disinfectants and antiseptics, preparations for destroying vermin, fungicides, herbicides, medicated and sanitizing soaps and detergents, medical dressings, coverings and applicators, pest control preparations and articles, plasters, materials for dressings, material for stopping teeth, dental waxClass 035 for Advertising, marketing and promotional consultancy; advisory and assistance services with regard to business planning, business analysis, business management, business organization, marketing and customer analysis; business administration; business management; business advice; business consulting; business assistance, management and administrative services for others; business analysis, research and information services; Advertising and promotion services and related consulting; provision of an on-line marketplace for buyers and sellers of goods and services; sales promotions for others; retail and wholesale store services featuring medical preparations, veterinary preparations, pharmaceutical preparations, pharmaceuticals and natural remedies, dietary supplements and dietetic preparations, dietary supplements for humans and animals, dietetic food and substances adapted for medical or veterinary use, food for babies; retail and wholesale store services featuring sanitary preparations and articles, disinfectants and antiseptics, preparations for destroying vermin, fungicides, herbicides, medicated and sanitizing soaps and detergents, medical dressings, coverings and applicators, pest control preparations and articles, plasters, materials for dressings, material for stopping teeth, dental wax
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 017903195 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Education services, namely, conducting seminars and workshops in the medical and pharmaceutical fields in the use and operation of computer software for managing, analyzing and reporting medical injection and imaging data and protocols and for tracking usage of contrast and associated consumables; providing of training, namely, seminars, workshops and conferences in the field of medicine, lifestyle and health care; publishing, namely, publications of medical regulations and standards concerning the use of medicines; publication of medical studies; publication of medical and pharmaceutical books, brochures, newspapers, journals and newsletters, including information on current health care and pharmaceutical issues; electronic publication of information on current health care and pharmaceutical issues; and reporting; education services, namely, workshops, conferences and seminars in the field of agriculture
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 017903195 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: Education services, namely, conducting seminars and workshops in the medical and pharmaceutical fields in the use and operation of computer software for managing, analyzing and reporting medical injection and imaging data and protocols and for tracking usage of contrast and associated consumables; Education services, namely, conducting seminars and workshops in the medical and pharmaceutical fields regarding the use and operation of computer software for managing, analyzing and reporting medical injection and imaging data and protocols and for tracking usage of contrast and associated consumables; providing of training, namely, seminars, workshops and conferences in the field of medicine, lifestyle and health care; Educational services, namely, providing of training, seminars, workshops and conferences in the fields of medicine, lifestyle and health care; publishing, namely, publications of medical regulations and standards concerning the use of medicines; publishing, namely, publication of books, handbooks, journals, magazines, periodicals in the field of medical regulations and standards concerning the use of medicines; publication of medical studies; publication of books, handbooks, journals, magazines, periodicals, journals and newsletters in the field of medical studies; publication of medical and pharmaceutical books, brochures, newspapers, journals and newsletters, including information on current health care and pharmaceutical issues; publication of medical and pharmaceutical books, brochures, newspapers, journals and newsletters featuring information on current health care and pharmaceutical issues; electronic publication of information on current health care and pharmaceutical issues; online electronic publication of books, magazines, manuals, journals and newsletters featuring information on current health care and pharmaceutical issues; and reporting; Providing news in the nature of current event reporting in the field of health care and pharmaceuticals via the internet; education services, namely, workshops, conferences and seminars in the field of agriculture; education services, namely, providing workshops, conferences and seminars in the field of agricultureClass 041 for Education services, namely, conducting seminars and workshops in the medical and pharmaceutical fields regarding the use and operation of computer software for managing, analyzing and reporting medical injection and imaging data and protocols and for tracking usage of contrast and associated consumables; Educational services, namely, providing of training, seminars, workshops and conferences in the fields of medicine, lifestyle and health care; publishing, namely, publication of books, handbooks, journals, magazines, periodicals in the field of medical regulations and standards concerning the use of medicines; publication of books, handbooks, journals, magazines, periodicals, journals and newsletters in the field of medical studies; publication of medical and pharmaceutical books, brochures, newspapers, journals and newsletters featuring information on current health care and pharmaceutical issues; online electronic publication of books, magazines, manuals, journals and newsletters featuring information on current health care and pharmaceutical issues; Providing news in the nature of current event reporting in the field of health care and pharmaceuticals via the internet; education services, namely, providing workshops, conferences and seminars in the field of agriculture
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 017903195 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Scientific and technological services, namely, scientific research in the medical and pharmaceutical fields and research and design relating thereto; industrial analysis and research services in the medical and pharmaceutical fields; design and development of computer hardware and software; science and technology services, namely, industrial analysis, industrial, scientific and technological research in the health care and agriculture fields; Information technology consulting services; software development, programming and implementation; software research; design, development and implementation of software
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 017903195 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: Scientific and technological services, namely, scientific research in the medical and pharmaceutical fields and research and design relating thereto; Scientific and technological services, namely, scientific research in the medical and pharmaceutical fields and design relating thereto, namely, design and testing of new products for others; industrial analysis and research services in the medical and pharmaceutical fields; industrial analysis of medical, veterinary, pharmaceutical, dietary, dietetic and sanitary preparations to assure compliance with industry standards in the medical and pharmaceutical fields; research in the medical and pharmaceutical fields; science and technology services, namely, industrial analysis, industrial, scientific and technological research in the health care and agriculture fields; design and development of computer hardware and software; science and technology services, namely, industrial analysis of medical, veterinary, pharmaceutical, dietary, dietetic and sanitary preparations and agricultural, aquacultural, horticultural and forestry products to assure compliance with industry standards in the health care and agriculture fields; software development, programming and implementation; scientific and technological research in the health care and agriculture fields; Information technology consulting services; software development, programming and implementation for others; software research; design, development and implementation of softwareClass 042 for Scientific and technological services, namely, scientific research in the medical and pharmaceutical fields and design relating thereto, namely, design and testing of new products for others; industrial analysis of medical, veterinary, pharmaceutical, dietary, dietetic and sanitary preparations to assure compliance with industry standards in the medical and pharmaceutical fields; research in the medical and pharmaceutical fields; design and development of computer hardware and software; science and technology services, namely, industrial analysis of medical, veterinary, pharmaceutical, dietary, dietetic and sanitary preparations and agricultural, aquacultural, horticultural and forestry products to assure compliance with industry standards in the health care and agriculture fields; scientific and technological research in the health care and agriculture fields; Information technology consulting services; software development, programming and implementation for others; software research; design, development and implementation of software
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 017903195 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Medical services; veterinary services; hygienic and beauty care for human beings; hygienic and beauty care for animals; agriculture, aquaculture, horticulture services; forestry services, namely, pest control for forestry; human healthcare services; animal healthcare services
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 017903195 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: Medical services; veterinary services; hygienic and beauty care for human beings; hygienic and beauty care for animals; agriculture, aquaculture, horticulture services; Agriculture services, namely, compost spreading, pest control services for agriculture, planting, growing, fertilizing, pruning and picking for agricultural, aquacultural, horticultural and forestry products for others; aquaculture services, namely, the cultivation and breeding of plants or animals in a water environment, pest control services for aquaculture, insecticide spraying for aquaculture; horticulture services; forestry services, namely, pest control for forestry; human healthcare services; animal healthcare servicesClass 044 for Medical services; veterinary services; hygienic and beauty care for human beings; hygienic and beauty care for animals; Agriculture services, namely, compost spreading, pest control services for agriculture, planting, growing, fertilizing, pruning and picking for agricultural, aquacultural, horticultural and forestry products for others; aquaculture services, namely, the cultivation and breeding of plants or animals in a water environment, pest control services for aquaculture, insecticide spraying for aquaculture; horticulture services; forestry services, namely, pest control for forestry; human healthcare services; animal healthcare services
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 017903195 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 065.

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 065.

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 065.

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 065.

The phone number is 973-422-6426.

The fax number is 973-597-2400.

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

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5299177 and 5299178.


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: 09/06/2019
Signatory's Name: Vanessa A. Ignacio, Esq.
Signatory's Position: Attorney of Record, NJ Bar Member
Signatory's Phone Number: 973-597-2500


Response Signature
Signature: /Vanessa A. Ignacio/     Date: 09/06/2019
Signatory's Name: Vanessa A. Ignacio, Esq.
Signatory's Position: Attorney of Record, NJ Bar Member

Signatory's Phone Number: 973-597-2500

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: 88236476
Internet Transmission Date: Fri Sep 06 16:22:59 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-201909061622598691
35-88236476-61023a0a3251c88f5ab5df2d784a
d8f41be1581d954ee987e383ff6063e37f47d7-N
/A-N/A-20190906145151423016