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. 88248334 ANDRODERM (Stylized and/or with Design, see http://uspto.report/TM/88248334/mark.png) has been amended as follows:

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

Pursuant to the Trademark Assignment Agreement with an effective date of December 31, 2015, between Actavis Laboratories UT, Inc., and Allergan Sales, LLC, Allergan Sales LLC is the owner of U. S. Registration Nos. 1933484 and 1963460 for the ANDRODERM word mark. The Assignment was filed with the Assignment Branch on August 26, 2019 and received receipt ID: TM538105 As the Applicant is also the owner of the cited prior ANDRODERM word mark registrations, the goods offered under all three ANDRODERM trademarks originate from a common source. Accordingly, consumers will not be confused as to the origination of the goods. Applicant therefore respectfully requests that its Serial No. 88248334, for the ANDRODERM with a design element, be approved and proceed to publication.

EVIDENCE
Evidence in the nature of a Trademark Assignment Agreement dated as of December 31, 2015 between Actavis Laboratories UT, Inc., and Allergan Sales, LLC, whereby Actavis Laboratories UT assigned U. S. Registration Nos. 1933484 and 1963460 to Allergan Sales, LLC. has been attached.
Original PDF file:
evi_1621163325-20190826140427818963_._ark_Assignment_Agmt_-_Actavis_Labs_UT_to_Allergan_Sales__LLC.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the wording "ANDRODERM" in stylized letters in which the letter "O" consists of the male biological symbol.

SIGNATURE(S)
Response Signature
Signature: /mob/     Date: 08/26/2019
Signatory's Name: Matthew O. Brady
Signatory's Position: Vice President

Signatory's Phone Number: 714-246-5507

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88248334
Internet Transmission Date: Mon Aug 26 15:18:09 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019082615180994
4428-88248334-610fb54e9fcb8588b1f9d521d4
1e8daf8f76b25725758ed4f87f5ec75d5533a49-
N/A-N/A-20190826140427818963