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. 88275181 ALLCEM VENEER APS (Stylized and/or with Design, see http://uspto.report/TM/88275181/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: ALLCEM VENEER APS (Stylized and/or with Design, see http://uspto.report/TM/88275181/mark.png)
Proposed: ALLCEM VENEER APS (Stylized and/or with Design, see mark)
The color(s) brown, blue, gray and white is/are claimed as a feature of the mark.
The mark consists of the stylized blue word ALLCEM above the stylized brown words VENEER APS, all within a circle that is brown on top and blue on the bottom surrounded by a white circle with a gray outline. A white triangle made of stripes appears above and to the left of the letter "A" in "APS.".

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Mouthwashes for medical purposes; products for chemical analysis; adhesives for denture; dental adhesives; dental varnishes; dental abrasives; disinfectants for chemical toilets; Disinfectants for hygiene purposes; disinfectant for common or hospital purposes; disinfectant for topical purposes (medicine); medicines for dental purposes; hydrogen peroxide (oxygenated water) for medical purposes; acrylic resin for dental purposes; auxiliary material for dentists; solution for cleaning benches and equipment, office floors, dental furniture; acid conditioner for dental purposes; substance for treatment of dental hypersensitivity; paste for prophylaxis; resin for teeth preparation; teeth filling (material for -); dental impression (materials for -); cleaning products for medical and dental instruments; wax for dental purposes; cream of tartar for pharmaceutical purposes; dental cements; molding wax (dentist); and other products for dental purposes included in this class
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: Mouthwashes for medical purposes; products for chemical analysis; adhesives for denture; dental adhesives; dental varnish for use by dentists; dental varnishes; dental abrasives; disinfectants for chemical toilets; Disinfectants for hygiene purposes; disinfectant for common or hospital purposes; paste for crowns and bridges for dental use and for oral prophylaxis; disinfectant for topical purposes (medicine); dental resin cement; medicines for dental purposes; dental resin for temporary bridges, crowns and veneers; hydrogen peroxide (oxygenated water) for medical purposes; teeth filling material; acrylic resin for dental purposes; dental impression materials; auxiliary material for dentists; wax for dental purposes; solution for cleaning benches and equipment, office floors, dental furniture; cream of tartar for pharmaceutical purposes; acid conditioner for dental purposes; dental cements; substance for treatment of dental hypersensitivity; molding wax for dentists; paste for prophylaxis; other products for dental purposes included in this class, namely, dental sealants, dental alloys, dental lacquer, dental blanks, dental polish, dental mastics, dental hemostatic paste; resin for teeth preparation; dental aesthetics products in the nature of dental restoration compounds and dental composite materials; teeth filling (material for -); dental impression (materials for -); cleaning products for medical and dental instruments; molding wax (dentist); and other products for dental purposes included in this classClass 005 for Mouthwashes for medical purposes; adhesives for denture; dental adhesives; dental varnish for use by dentists; dental abrasives; disinfectants for chemical toilets; Disinfectants for hygiene purposes; disinfectant for common or hospital purposes; paste for crowns and bridges for dental use and for oral prophylaxis; dental resin cement; dental resin for temporary bridges, crowns and veneers; teeth filling material; dental impression materials; wax for dental purposes; cream of tartar for pharmaceutical purposes; dental cements; molding wax for dentists; other products for dental purposes included in this class, namely, dental sealants, dental alloys, dental lacquer, dental blanks, dental polish, dental mastics, dental hemostatic paste; dental aesthetics products in the nature of dental restoration compounds and dental composite materials
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: Richard Y. Kim. Richard Y. Kim of MCDERMOTT WILL & EMERY LLP, is located at

      THE MCDERMOTT BUILDING
      500 NORTH CAPITOL STREET, N.W.
      WASHINGTON, District of Columbia 20001
      US
The docket/reference number is 093790-0123.

The phone number is 202-756-8000.

The fax number is 202.756.8087.

The email address is IPDocketWashington@mwe.com

The applicants proposed attorney information: Richard Y. Kim. Other appointed attorneys are all others. Richard Y. Kim of MCDERMOTT WILL & EMERY 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

      THE MCDERMOTT BUILDING
      500 NORTH CAPITOL STREET, N.W.
      WASHINGTON, District of Columbia 20001
      United States
The docket/reference number is 093790-0123.

The phone number is 202-756-8000.

The fax number is 202.756.8087.

The email address is IPDocketWashington@mwe.com

Richard Y. Kim 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: RICHARD Y. KIM. RICHARD Y. KIM of MCDERMOTT WILL & EMERY LLP, is located at

      THE MCDERMOTT BUILDING
      500 NORTH CAPITOL STREET, N.W.
      WASHINGTON, District of Columbia 20001
      US
The docket/reference number is 093790-0123.

The phone number is 202-756-8000.

The fax number is 202.756.8087.

The email address is IPDocketWashington@mwe.com; rkim@mwe.com

The applicants proposed correspondence information: Richard Y. Kim. Richard Y. Kim of MCDERMOTT WILL & EMERY LLP, is located at

      THE MCDERMOTT BUILDING
      500 NORTH CAPITOL STREET, N.W.
      WASHINGTON, District of Columbia 20001
      United States
The docket/reference number is 093790-0123.

The phone number is 202-756-8000.

The fax number is 202.756.8087.

The email address is IPDocketWashington@mwe.com; rkim@mwe.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use VENEER apart from the mark as shown.


Significance of wording, letter(s), or numeral(s)
APS appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /Richard Y. Kim/     Date: 10/08/2019
Signatory's Name: Richard Y. Kim
Signatory's Position: Attorney of Record, DC Bar Member

Signatory's Phone Number: 202.756.8000

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:    RICHARD Y. KIM
   MCDERMOTT WILL & EMERY LLP
   THE MCDERMOTT BUILDING
   500 NORTH CAPITOL STREET, N.W.
   WASHINGTON, District of Columbia 20001
Mailing Address:    Richard Y. Kim
   MCDERMOTT WILL & EMERY LLP
   THE MCDERMOTT BUILDING
   500 NORTH CAPITOL STREET, N.W.
   WASHINGTON, District of Columbia 20001
        
Serial Number: 88275181
Internet Transmission Date: Tue Oct 08 09:39:25 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191008093925
086733-88275181-61065d141221e54bfbb323f9
02c5a59d6f044eab3c17f45c681f33fc914b5b44
63-N/A-N/A-20191008093533059900