TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88281141 SUNMARK (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8828114 1/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for House mark for a full line of personal care products and beauty products
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.

In International Class 003, the mark was first used at least as early as 10/01/2003 and first used in commerce at least as early as 10/01/2003.


Proposed:

Tracked Text Description: House mark for a full line of personal care products and beauty products; House mark for a full line of personal care products, namely, body oils, baby oils, hair shampoo; house mark for a full line of beauty products, namely, astringents for cosmetic purposes, petroleum jelly for cosmetic purposesClass 003 for House mark for a full line of personal care products, namely, body oils, baby oils, hair shampoo; house mark for a full line of beauty products, namely, astringents for cosmetic purposes, petroleum jelly for cosmetic purposes
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.

In International Class 003, the mark was first used at least as early as 10/01/2003 . and first used in commerce at least as early as 10/01/2003 .

Applicant proposes to amend the following:

Current:
Class 005 for House mark for a full line of over-the-counter pharmaceutical products and health products
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: House mark for a full line of over-the-counter pharmaceutical products and health products; House mark for a full line of over-the-counter pharmaceutical products, namely, antacids, rubbing alcohol, corn pads, corn plasters, corn and callus creams, cough syrups, Epsom salts, non-medicated cleaners, namely, eyelid cleansers, natural sleep aid preparations, stool softeners, anti-itch ointment, anti-itch treatment, laxatives; house mark for a full line of medical products, namely, allergy relief medication, antifungal preparations, astringents for medical purposes, medicinal alcohol, anesthetics for surgical and non-surgical use, bismuth preparations for pharmaceutical purposes, preparations for treating colds, medicated dandruff shampoo, enema preparations, petroleum jelly for medical purposes, nausea treatment preparations, pain relief medication, electrolytes for medical use, cotton swabs for medical purposes, nasal spray preparations, respiratory stimulants, antifungal preparations, antibiotic preparations, medicated eye washes, lice treatment preparations, sanitizing preparations, hemorrhoid preparations; house mark for a full line of health products, namely, dietary supplements, mineral supplements, dietary and nutritional supplements containing fish oils, probiotic supplement, vitamin supplementsClass 005 for House mark for a full line of over-the-counter pharmaceutical products, namely, antacids, rubbing alcohol, corn pads, corn plasters, corn and callus creams, cough syrups, Epsom salts, non-medicated cleaners, namely, eyelid cleansers, natural sleep aid preparations, stool softeners, anti-itch ointment, anti-itch treatment, laxatives; house mark for a full line of medical products, namely, allergy relief medication, antifungal preparations, astringents for medical purposes, medicinal alcohol, anesthetics for surgical and non-surgical use, bismuth preparations for pharmaceutical purposes, preparations for treating colds, medicated dandruff shampoo, enema preparations, petroleum jelly for medical purposes, nausea treatment preparations, pain relief medication, electrolytes for medical use, cotton swabs for medical purposes, nasal spray preparations, respiratory stimulants, antifungal preparations, antibiotic preparations, medicated eye washes, lice treatment preparations, sanitizing preparations, hemorrhoid preparations; house mark for a full line of health products, namely, dietary supplements, mineral supplements, dietary and nutritional supplements containing fish oils, probiotic supplement, vitamin supplements
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:

Current:
Class 010 for House mark for a full line of medical products
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: House mark for a full line of medical products; House mark for a full line of medical products, namely, crutches, canes for medical purposes, lancets, medical lancing devices, orthopedic cushions and paddingClass 010 for House mark for a full line of medical products, namely, crutches, canes for medical purposes, lancets, medical lancing devices, orthopedic cushions and padding
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 hereby adds the following class of goods/services to the application:
New: Class 008 for House mark for a full line of personal care products, namely, manicure sets, pedicure sets
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 hereby adds the following class of goods/services to the application:
New: Class 012 for Wheelchairs
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: McKesson Corporation, a corporation of Delaware, having an address of
      One Post Street
      San Francisco, California 94104
      United States

Proposed: McKesson Corporation, a corporation of Delaware, having an address of
      6535 North State Highway 161
      Irving, Texas 75039
      United States
      Email Address: XXXX
      4044615216

The owner's/holder's current attorney information: Auma N. Reggy. Auma N. Reggy of MCKESSON CORPORATION, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      LAW DEPARTMENT
      2 NATIONAL DATA PLAZA, NE
      ATLANTA, Georgia 30329
      United States
      The phone number is 404-461-5216.
      The fax number is 404-461-1457.
      The email address is legal.trademarks@mckesson.com

The owner's/holder's proposed attorney information: Auma N. Reggy. Auma N. Reggy of MCKESSON CORPORATION, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      LAW DEPARTMENT
      2 NATIONAL DATA PLAZA, NE
      ATLANTA, Georgia 30329
      United States
      The phone number is 404-461-5216.
      The fax number is 404-461-1457.
      The email address is legal.trademarks@mckesson.com

Auma N. Reggy 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.Correspondence Information (current):
      Auma N. Reggy
      PRIMARY EMAIL FOR CORRESPONDENCE: legal.trademarks@mckesson.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): auma.reggy@mckesson.com
Correspondence Information (proposed):
      Auma N. Reggy
      PRIMARY EMAIL FOR CORRESPONDENCE: legal.trademarks@mckesson.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): auma.reggy@mckesson.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $550 is being submitted.

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: /anr/      Date: 04/22/2020
Signatory's Name: Auma N. Reggy
Signatory's Position: Chief Trademark Counsel, Attorney of Record, Georgia Bar member
Signatory's Phone Number: 404-461-5216


Request for Reconsideration Signature
Signature: /anr/     Date: 04/22/2020
Signatory's Name: Auma N. Reggy
Signatory's Position: Chief Trademark Counsel, Attorney of Record, Georgia Bar member

Signatory's Phone Number: 404-461-5216

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Auma N. Reggy
   MCKESSON CORPORATION
   LAW DEPARTMENT
   2 NATIONAL DATA PLAZA, NE
   ATLANTA, Georgia 30329
Mailing Address:    Auma N. Reggy
   MCKESSON CORPORATION
   LAW DEPARTMENT
   2 NATIONAL DATA PLAZA, NE
   ATLANTA, Georgia 30329
        
RAM Sale Number: 88281141
RAM Accounting Date: 04/22/2020
        
Serial Number: 88281141
Internet Transmission Date: Wed Apr 22 20:55:25 ET 2020
TEAS Stamp: USPTO/RFR-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200422205525013414-88281141-7
10dedbde5d85ee78af9787a9a7c213e1436d9a24
9b7c41665ff0bd4663f407b82-CC-55232864-20
200422204116288888