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 |
88324166 |
LAW OFFICE ASSIGNED |
LAW OFFICE 124 |
MARK SECTION |
MARK |
http://uspto.report/TM/88324166/mark.png |
LITERAL ELEMENT |
KITOSCELL GEL PFD |
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) |
Applicant respectfully withdraws the previous request to amend the mark.
The Examining Attorney requires that Applicant clarify whether the foreign registration contains a standard character claim. Applicant affirms that under
the law of the country of origin, the foreign application or registration includes a claim that the mark is in standard characters (or the equivalent).
Applicant believes it has sufficiently addressed the issues raised in the Office Action. Therefore, Applicant
respectfully requests that this application be approved for publication.
|
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Pharmaceutical preparations for medical use in different presentations, namely, cream, gel, solution, spray, microemulsions, tablets,
and capsules, used to reduce or to eliminate scars or skin imperfections, correct fibrosis in some body organs, namely, liver, kidney, and lungs, and used to treat nephropathy and lung fibrosis |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
1581017 |
FOREIGN REGISTRATION
COUNTRY |
Mexico |
FOREIGN REGISTRATION
DATE |
10/16/2015 |
FOREIGN EXPIRATION DATE |
06/02/2025 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Pharmaceutical preparations for medical use in different presentations, namely, cream, gel, solution, spray, microemulsions, tablets,
and capsules, used to reduce or to eliminate scars or skin imperfections, correct fibrosis in some body organs, namely, liver, kidney, and lungs, and used to treat nephropathy and lung fibrosis |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
1581017 |
FOREIGN REGISTRATION
COUNTRY |
Mexico |
FOREIGN REGISTRATION
DATE |
10/16/2015 |
FOREIGN EXPIRATION DATE |
06/02/2025 |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
ATTORNEY SECTION (new) |
NAME |
B. Brett Heavner |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Finnegan, Henderson et al. |
STREET |
901 New York Avenue NW |
CITY |
Washington |
STATE |
District of Columbia |
POSTAL CODE |
20001 |
COUNTRY |
United States |
PHONE |
202-408-4000 |
FAX |
202-408-4400 |
EMAIL |
docketing@finnegan.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
15059.0001 |
OTHER APPOINTED ATTORNEY |
all the other attorneys at Finnegan, Henderson, Farabow, Garrett & Dunner LLP |
CORRESPONDENCE SECTION (current) |
CORRESPONDENCE SECTION (proposed) |
NAME |
B. Brett Heavner |
FIRM NAME |
Finnegan, Henderson et al. |
STREET |
901 New York Avenue NW |
CITY |
Washington |
STATE |
District of Columbia |
POSTAL CODE |
20001 |
COUNTRY |
United States |
PHONE |
202-408-4000 |
FAX |
202-408-4400 |
EMAIL |
docketing@finnegan.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
15059.0001 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/B. Brett Heavner/ |
SIGNATORY'S NAME |
B. Brett Heavner |
SIGNATORY'S POSITION |
Attorney of record, DC bar member |
SIGNATORY'S PHONE NUMBER |
202-408-4000 |
DATE SIGNED |
09/05/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Sep 05 16:06:14 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.X.X-2019
0905160614334475-88324166
-61071e3e7c44c15eab011f45
ec9b5d757fe3e9170c1f7f685
12d0d9e9ef692dfe-N/A-N/A-
20190905151453553100 |
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.
88324166 KITOSCELL GEL PFD(Standard Characters, see http://uspto.report/TM/88324166/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant respectfully withdraws the previous request to amend the mark.
The Examining Attorney requires that Applicant clarify whether the foreign registration contains a standard character claim. Applicant affirms that under
the law of the country of origin, the foreign application or registration includes a claim that the mark is in standard characters (or the equivalent).
Applicant believes it has sufficiently addressed the issues raised in the Office Action. Therefore, Applicant
respectfully requests that this application be approved for publication.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceutical preparations for medical use in different presentations, namely, cream, gel, solution, spray, microemulsions, tablets, and capsules, used to reduce or to
eliminate scars or skin imperfections, correct fibrosis in some body organs, namely, liver, kidney, and lungs, and used to treat nephropathy and lung fibrosis
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.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Mexico registration number 1581017 registered 10/16/2015 with
a renewal date of __________ and an expiration date of 06/02/2025 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed: Class 005 for Pharmaceutical preparations for medical use in different presentations, namely, cream, gel, solution, spray, microemulsions, tablets, and capsules, used to reduce or to
eliminate scars or skin imperfections, correct fibrosis in some body organs, namely, liver, kidney, and lungs, and used to treat nephropathy and lung fibrosis
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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Mexico registration number 1581017 registered 10/16/2015 with
a renewal date of __________ and an expiration date of 06/02/2025 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
The applicant hereby appoints B. Brett Heavner. Other appointed attorneys are all the other attorneys at Finnegan, Henderson, Farabow, Garrett & Dunner LLP. B. Brett Heavner of Finnegan,
Henderson et al., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
901 New York Avenue NW
Washington, District of Columbia 20001
United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 15059.0001.
The phone number is 202-408-4000.
The fax number is 202-408-4400.
The email address is docketing@finnegan.com
B. Brett Heavner 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: . , is located at
,
The applicants proposed correspondence information: B. Brett Heavner. B. Brett Heavner of Finnegan, Henderson et al., is located at
901 New York Avenue NW
Washington, District of Columbia 20001
United States
The docket/reference number is 15059.0001.
The phone number is 202-408-4000.
The fax number is 202-408-4400.
The email address is docketing@finnegan.com
SIGNATURE(S)
Response Signature
Signature: /B. Brett Heavner/ Date: 09/05/2019
Signatory's Name: B. Brett Heavner
Signatory's Position: Attorney of record, DC bar member
Signatory's Phone Number: 202-408-4000
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:
,
Mailing Address: B. Brett Heavner
Finnegan, Henderson et al.
901 New York Avenue NW
Washington, District of Columbia 20001
Serial Number: 88324166
Internet Transmission Date: Thu Sep 05 16:06:14 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2019090516061433447
5-88324166-61071e3e7c44c15eab011f45ec9b5
d757fe3e9170c1f7f68512d0d9e9ef692dfe-N/A
-N/A-20190905151453553100