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. 88281350 REJENEVIE(Standard Characters, see http://uspto.report/TM/88281350/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Medical services; medical clinics; medical information; providing clinical testing information services for the diagnosis monitoring and treatment of disease; cell and stem cell mobilization, collection, isolation, processing, banking, implantation, explantation and transfer; liposuction; medical services in the fields of anti-aging, immunoncology, and vaccines; medical services for cell, stem cell and tissue rejuvenation and regeneration; Kits for clinical or medical laboratory use; pre-packaged kits for use in regeneration and rejuvenation of patient cells, namely, kits comprising vials for containing cells, young donor cells, regeneration and rejuvenation media, small molecule and nucleotide-based therapeutics for cellular regeneration and rejuvenation, and transwell cell culture plates; Pharmaceutical preparations; pharmaceutical preparations, namely, pharmaceutical preparations for use in regenerative medicine, oncology and treatment of infectious disease; diagnostic kits comprised of medical diagnostic reagents and assays for testing of bodily fluids for use in disease detection, namely, antibodies, cell permeable and non-permeable fluorescent dyes, and radioisotopes; Medical apparatus; apparatus for the regeneration and rejuvenation of stem cells, cells and tissue for medical purpose; human cell specimen collection kit comprising centrifuge tubes, absorbent cloth, and instructions, all for medical use; Business management and consultancy services; Business data analysis services in the field of healthcare; data processing and database management services for the healthcare industry; Cryogenic preservation; Stem cell, cell, and tissue cryogenic preservation; Data mining; data hosting services; data hosting services, namely, healthcare and patient data hosting
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: Medical services; medical clinics; medical information; providing clinical testing information services for the diagnosis monitoring and treatment of disease; providing clinical testing information services for the diagnosis monitoring and treatment of disease for medical purposes; cell and stem cell mobilization, collection, isolation, processing, banking, implantation, explantation and transfer; Medical services, namely, cell and stem cell mobilization, collection, isolation, processing, banking, implantation, explantation and transfer; liposuction; medical services in the fields of anti-aging, immunoncology, and vaccines; medical services for cell, stem cell and tissue rejuvenation and regeneration; Kits for clinical or medical laboratory use; pre-packaged kits for use in regeneration and rejuvenation of patient cells, namely, kits comprising vials for containing cells, young donor cells, regeneration and rejuvenation media, small molecule and nucleotide-based therapeutics for cellular regeneration and rejuvenation, and transwell cell culture plates; Pharmaceutical preparations; pharmaceutical preparations, namely, pharmaceutical preparations for use in regenerative medicine, oncology and treatment of infectious disease; diagnostic kits comprised of medical diagnostic reagents and assays for testing of bodily fluids for use in disease detection, namely, antibodies, cell permeable and non-permeable fluorescent dyes, and radioisotopes; Medical apparatus; apparatus for the regeneration and rejuvenation of stem cells, cells and tissue for medical purpose; human cell specimen collection kit comprising centrifuge tubes, absorbent cloth, and instructions, all for medical use; Business management and consultancy services; Business data analysis services in the field of healthcare; data processing and database management services for the healthcare industry; Cryogenic preservation; Stem cell, cell, and tissue cryogenic preservation; Data mining; data hosting services; data hosting services, namely, healthcare and patient data hostingClass 044 for Medical services; medical clinics; medical information; providing clinical testing information services for the diagnosis monitoring and treatment of disease for medical purposes; Medical services, namely, cell and stem cell mobilization, collection, isolation, processing, banking, implantation, explantation and transfer; liposuction; medical services in the fields of anti-aging, immunoncology, and vaccines; medical services for cell, stem cell and tissue rejuvenation and regeneration
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 001 for Chemical test kits for determining patient candidacy and condition for procedure for rejuvenating and regenerating patient cells in connection with clinical or medical laboratory use
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 005 for Pre-packaged kits for use in regeneration and rejuvenation of patient cells for medical purposes, namely, kits comprising vials for containing cells, young donor cells, regeneration and rejuvenation media, small molecule and nucleotide-based therapeutics for cellular regeneration and rejuvenation, and transwell cell culture plates; Pharmaceutical preparations for regeneration and rejuvenation of patient cells; pharmaceutical preparations, namely, pharmaceutical preparations for use in regenerative medicine, oncology and treatment of infectious disease; diagnostic kits comprised of medical diagnostic reagents and assays for testing of bodily fluids for use in disease detection, namely, antibodies, cell permeable and non-permeable fluorescent dyes, and radioisotopes
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 010 for Medical apparatus for use in patient cell collection and in treating patient cells in a transwell system to restore patient immune function and treat inflammatory-induced disorders, arthritis, atherosclerosis, breast cancer, cardiovascular disease, cataracts, chronic obstructive pulmonary disease, colorectal cancer, hypertension, osteoporosis, periodontitis, type 2 diabetes, immune dysfunction, Alzheimer's disease, leukemia, lymphoma, multiple sclerosis, Crohn's disease, HIV, influenza, pneumonia, lung cancer, melanoma, stroke, Parkinson's disease, and multiple drug resistant staphylococcus aureus ; apparatus for the regeneration and rejuvenation of stem cells, cells and tissue for medical purpose; human cell specimen collection kit comprising centrifuge tubes, absorbent cloth, and instructions, all for medical use
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 035 for Business management and consultancy services; Business data analysis services in the field of healthcare; data processing and database management services for the healthcare industry
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 040 for Cryogenic preservation; Stem cell, cell, and tissue cryogenic preservation
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 042 for Data mining; data hosting services, namely, hosting of digital content on the internet for others; data hosting services, namely, hosting of healthcare and patient data on the internet for others
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.

FEE(S)
Fee(s) in the amount of $1650 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: /JAM/      Date: 06/17/2019
Signatory's Name: Jonathan A. Menkes
Signatory's Position: Attorney for Applicant, Member of California Bar
Signatory's Phone Number: (949) 760-0404


Response Signature
Signature: /JAM/     Date: 06/17/2019
Signatory's Name: Jonathan Menkes
Signatory's Position: Attorney of record, California bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 88281350
RAM Accounting Date: 06/18/2019
        
Serial Number: 88281350
Internet Transmission Date: Mon Jun 17 16:17:34 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019061716173415
9941-88281350-620ef6864ddaa4619c925a912b
583425363a66356cd60dab949eaafce6ced6fdff
a-CC-3085-20190617152342619940