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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88321470 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://uspto.report/TM/88321470/mark.png |
LITERAL ELEMENT |
LENS |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_3867194146-20191112153111107548_._LENS_Response_Nov2019.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\214\88321470\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\214\88321470\xml4\ROA0003.JPG |
DESCRIPTION OF EVIDENCE FILE |
PDF attachment for argument |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Scientific and laboratory instruments for the analysis of the concentration, molecular weight, size and structure of molecules and
particles; scientific and laboratory instruments for the analysis of the viscosity of liquids, suspensions and solutions; Detectors for measuring the viscosity, intrinsic viscosity, molecular weight,
molecular weight distribution, and concentration of chemicals; light scattering detectors |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Scientific and laboratory instruments for the analysis of the concentration, molecular weight, size and
structure of molecules and particles; Laboratory instruments and computers for the analysis of the molecular weight, molecular weight distribution, size, and
structure of molecules and particles; scientific and laboratory instruments for the analysis of the viscosity of liquids, suspensions and solutions;
Detectors for measuring the molecular weight, molecular weight distribution, size, and structure of chemicals; Detectors for
measuring the viscosity, intrinsic viscosity, molecular weight, molecular weight distribution, and concentration of chemicals; light scattering detectors |
FINAL DESCRIPTION |
Laboratory instruments and computers for the analysis of the molecular weight, molecular weight distribution, size, and structure of
molecules and particles; Detectors for measuring the molecular weight, molecular weight distribution, size, and structure of chemicals; light scattering detectors |
FILING BASIS |
Section 1(b) |
ATTORNEY SECTION (current) |
NAME |
Richard M. Klein |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
FAY SHARPE LLP |
INTERNAL ADDRESS |
THE HALLE BUILDING |
STREET |
1228 EUCLID AVE, FIFTH FLOOR |
CITY |
CLEVELAND |
STATE |
Ohio |
POSTAL CODE |
44115 |
COUNTRY |
US |
PHONE |
216-363-9000 x121 |
FAX |
216-363-9001 |
EMAIL |
rklein@faysharpe.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
TOSB5006US01 |
ATTORNEY SECTION (proposed) |
NAME |
Richard M. Klein |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
FAY SHARPE LLP |
INTERNAL ADDRESS |
THE HALLE BUILDING |
STREET |
1228 EUCLID AVE, FIFTH FLOOR |
CITY |
CLEVELAND |
STATE |
Ohio |
POSTAL CODE |
44115 |
COUNTRY |
United States |
PHONE |
216-363-9000 x121 |
FAX |
216-363-9001 |
EMAIL |
rklein@faysharpe.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
TOSB5006US01 |
OTHER APPOINTED ATTORNEY |
George P. Huang |
CORRESPONDENCE SECTION (current) |
NAME |
RICHARD M. KLEIN |
FIRM NAME |
FAY SHARPE LLP |
INTERNAL ADDRESS |
THE HALLE BUILDING |
STREET |
1228 EUCLID AVE, FIFTH FLOOR |
CITY |
CLEVELAND |
STATE |
Ohio |
POSTAL CODE |
44115 |
COUNTRY |
US |
PHONE |
216-363-9000 x121 |
FAX |
216-363-9001 |
EMAIL |
rklein@faysharpe.com; lkalemba@faysharpe.com; docketing@faysharpe.com; ghuang@faysharpe.com; pmcadoo@faysharpe.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
TOSB5006US01 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Richard M. Klein |
FIRM NAME |
FAY SHARPE LLP |
INTERNAL ADDRESS |
THE HALLE BUILDING |
STREET |
1228 EUCLID AVE, FIFTH FLOOR |
CITY |
CLEVELAND |
STATE |
Ohio |
POSTAL CODE |
44115 |
COUNTRY |
United States |
PHONE |
216-363-9000 x121 |
FAX |
216-363-9001 |
EMAIL |
rklein@faysharpe.com; lkalemba@faysharpe.com; docketing@faysharpe.com; ghuang@faysharpe.com; pmcadoo@faysharpe.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
TOSB5006US01 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Richard M. Klein/ |
SIGNATORY'S NAME |
Richard M. Klein |
SIGNATORY'S POSITION |
Attorney of record, Ohio bar member |
SIGNATORY'S PHONE NUMBER |
216-363-9121 |
DATE SIGNED |
11/12/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Nov 12 15:38:43 EST 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0191112153843243787-88321
470-7006945b43eac5a172fdb
96aeadcdcb9dd2b862b462057
9defb15fed2168747da5-N/A-
N/A-20191112153111107548 |
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.
88321470 LENS(Standard Characters, see http://uspto.report/TM/88321470/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of PDF attachment for argument has been attached.
Original PDF file:
evi_3867194146-20191112153111107548_._LENS_Response_Nov2019.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Scientific and laboratory instruments for the analysis of the concentration, molecular weight, size and structure of molecules and particles; scientific and laboratory
instruments for the analysis of the viscosity of liquids, suspensions and solutions; Detectors for measuring the viscosity, intrinsic viscosity, molecular weight, molecular weight distribution, and
concentration of chemicals; light scattering detectors
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: Scientific and laboratory instruments for the analysis of the concentration, molecular weight, size and structure of molecules and
particles;
Laboratory instruments and computers for the analysis of the molecular weight, molecular weight distribution, size, and structure of molecules and
particles;
scientific and laboratory instruments for the analysis of the viscosity of liquids, suspensions and solutions;
Detectors for measuring the molecular weight, molecular weight distribution, size, and structure of chemicals;
Detectors for measuring the viscosity,
intrinsic viscosity, molecular weight, molecular weight distribution, and concentration of chemicals;
light scattering detectorsClass 009 for Laboratory instruments
and computers for the analysis of the molecular weight, molecular weight distribution, size, and structure of molecules and particles; Detectors for measuring the molecular weight, molecular weight
distribution, size, and structure of chemicals; light scattering detectors
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 M. Klein. Richard M. Klein of FAY SHARPE LLP, is located at
THE HALLE BUILDING
1228 EUCLID AVE, FIFTH FLOOR
CLEVELAND, Ohio 44115
US
The docket/reference number is TOSB5006US01.
The phone number is 216-363-9000 x121.
The fax number is 216-363-9001.
The email address is rklein@faysharpe.com
The applicants proposed attorney information: Richard M. Klein. Other appointed attorneys are George P. Huang. Richard M. Klein of FAY SHARPE 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 HALLE BUILDING
1228 EUCLID AVE, FIFTH FLOOR
CLEVELAND, Ohio 44115
United States
The docket/reference number is TOSB5006US01.
The phone number is 216-363-9000 x121.
The fax number is 216-363-9001.
The email address is rklein@faysharpe.com
Richard M. Klein 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 M. KLEIN. RICHARD M. KLEIN of FAY SHARPE LLP, is located at
THE HALLE BUILDING
1228 EUCLID AVE, FIFTH FLOOR
CLEVELAND, Ohio 44115
US
The docket/reference number is TOSB5006US01.
The phone number is 216-363-9000 x121.
The fax number is 216-363-9001.
The email address is rklein@faysharpe.com; lkalemba@faysharpe.com; docketing@faysharpe.com; ghuang@faysharpe.com; pmcadoo@faysharpe.com
The applicants proposed correspondence information: Richard M. Klein. Richard M. Klein of FAY SHARPE LLP, is located at
THE HALLE BUILDING
1228 EUCLID AVE, FIFTH FLOOR
CLEVELAND, Ohio 44115
United States
The docket/reference number is TOSB5006US01.
The phone number is 216-363-9000 x121.
The fax number is 216-363-9001.
The email address is rklein@faysharpe.com; lkalemba@faysharpe.com; docketing@faysharpe.com; ghuang@faysharpe.com; pmcadoo@faysharpe.com
SIGNATURE(S)
Response Signature
Signature: /Richard M. Klein/ Date: 11/12/2019
Signatory's Name: Richard M. Klein
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 216-363-9121
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 M. KLEIN
FAY SHARPE LLP
THE HALLE BUILDING
1228 EUCLID AVE, FIFTH FLOOR
CLEVELAND, Ohio 44115
Mailing Address: Richard M. Klein
FAY SHARPE LLP
THE HALLE BUILDING
1228 EUCLID AVE, FIFTH FLOOR
CLEVELAND, Ohio 44115
Serial Number: 88321470
Internet Transmission Date: Tue Nov 12 15:38:43 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019111215384324
3787-88321470-7006945b43eac5a172fdb96aea
dcdcb9dd2b862b4620579defb15fed2168747da5
-N/A-N/A-20191112153111107548