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. 88261712 ARMOR (Stylized and/or with Design, see http://uspto.report/TM/88261712/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: ARMOR (Stylized and/or with Design, see http://uspto.report/TM/88261712/mark.png)
Proposed: ARMOR (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of ARMOR in stylized form.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services in the field of health and treatment, namely, in the field of transplant medicine; Publication of the results of clinical trials for pharmaceutical preparations in the field of transplant medicine
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.

Proposed:
Tracked Text Description: Educational services in the field of health and treatment, namely, in the field of transplant medicine; Educational services, namely, providing classes, seminars and workshops in the field of health and health treatment, namely, in the field of human transplant medicine; Publication of the results of clinical trials for pharmaceutical preparations in the field of transplant medicine; publication of periodicals, journals, and brochures containing the results of clinical trials for pharmaceutical preparations in the field of human transplant medicine.Class 041 for Educational services, namely, providing classes, seminars and workshops in the field of health and health treatment, namely, in the field of human transplant medicine; publication of periodicals, journals, and brochures containing the results of clinical trials for pharmaceutical preparations in the field of human transplant medicine.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing medical and scientific research information in the field of pharmaceuticals and clinical trials, namely, in the field of transplant medicine
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.

Proposed:
Tracked Text Description: Providing medical and scientific research information in the field of pharmaceuticals and clinical trials, namely, in the field of transplant medicine; Providing medical and scientific research information in the field of pharmaceuticals and clinical trials in the field of human transplant medicine.Class 042 for Providing medical and scientific research information in the field of pharmaceuticals and clinical trials in the field of human transplant medicine.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Providing medical information and treatment information in the field of transplant medicine
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.

Proposed:
Tracked Text Description: Providing medical information and treatment information in the field of transplant medicine; Providing medical information and treatment information in the field of human transplant medicine.Class 044 for Providing medical information and treatment information in the field of human transplant medicine.
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.

The applicant's current attorney information: Scott D. Woldow. Scott D. Woldow of SMITH, GAMBRELL & RUSSELL, LLP, is located at

      SUITE 400
      1055 THOMAS JEFFERSON ST. NW,
      WASHINGTON, District of Columbia 20007
      US
The docket/reference number is 034845..

The phone number is 202-263-4300.

The fax number is 202-263-4329.

The email address is swoldow@sgrlaw.com

The applicants proposed attorney information: Scott D. Woldow. Scott D. Woldow of SMITH, GAMBRELL & RUSSELL, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 400
      1055 THOMAS JEFFERSON ST. NW,
      WASHINGTON, District of Columbia 20007
      United States
The docket/reference number is 034845.125.

The phone number is 202-263-4300.

The fax number is 202-263-4329.

The email address is swoldow@sgrlaw.com

Scott D. Woldow 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: SCOTT D. WOLDOW. SCOTT D. WOLDOW of SMITH, GAMBRELL & RUSSELL, LLP, is located at

      SUITE 400
      1055 THOMAS JEFFERSON ST. NW,
      WASHINGTON, District of Columbia 20007
      US
The docket/reference number is 034845..

The phone number is 202-263-4300.

The fax number is 202-263-4329.

The email address is swoldow@sgrlaw.com; docketing@sgrlaw.com

The applicants proposed correspondence information: Scott D. Woldow. Scott D. Woldow of SMITH, GAMBRELL & RUSSELL, LLP, is located at

      SUITE 400
      1055 THOMAS JEFFERSON ST. NW,
      WASHINGTON, District of Columbia 20007
      United States
The docket/reference number is 034845.125.

The phone number is 202-263-4300.

The fax number is 202-263-4329.

The email address is swoldow@sgrlaw.com; docketing@sgrlaw.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
Prior Pending Application - The Examiner identified ARMOR ANIMAL HEALTH as a possible bar to registration of the ARMOR mark. The mark is associated with, "online retail store services and mail order catalog services featuring livestock supplies and veterinary products," in Class 35 and "veterinary services," in Class 44. Applicant has amended the description of services to exclude the Applicant's fields of use. Applicant respectfully requests withdrawal of the prior pending application notification based on the differences between the services. Moreover, the marks remain different due to the prior Applicant's use of the term ANIMAL HEALTH. These terms cause the marks to be distinguished based on sound, appearance and meaning. Furthermore, the trade channels are sufficiently distinguished based on the amended description of services. Applicant respectfully requests withdrawal of the notification based on Applicant's amendments and remarks.


SIGNATURE(S)
Response Signature
Signature: /SW/     Date: 09/04/2019
Signatory's Name: Scott D. Woldow
Signatory's Position: Attorney of Record, DC bar member

Signatory's Phone Number: 202-263-4300

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:    SCOTT D. WOLDOW
   SMITH, GAMBRELL & RUSSELL, LLP
   SUITE 400
   1055 THOMAS JEFFERSON ST. NW,
   WASHINGTON, District of Columbia 20007
Mailing Address:    Scott D. Woldow
   SMITH, GAMBRELL & RUSSELL, LLP
   SUITE 400
   1055 THOMAS JEFFERSON ST. NW,
   WASHINGTON, District of Columbia 20007
        
Serial Number: 88261712
Internet Transmission Date: Wed Sep 04 17:28:16 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019090417281692
6223-88261712-610b4f03f9feac163f1f416cc9
2c6e6daf3b4a94d4d3a9ac5c09cf310ae47325d8
3-N/A-N/A-20190904170619353828