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. 88346714 E ENDO (Stylized and/or with Design, see http://uspto.report/TM/88346714/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Exhibit A - website screenshots in support of argument Exhibit B - website screenshots in support of argument Exhibit C - website screenshots in support of argument Exhibit D - website screenshots in support of argument Exhibit E - copies of registrations Exhibit F - website screenshots as well as for website screenshots of the most and least expensive supplements designated on Worthly's list for comparison Exhibit G - website screenshots in support of argument Exhibit H - website screenshots of the associated goods with the Emerald Health Marks showing the additional terms identify the associated goods. has been attached.
Original PDF file:
evi_3898229178-20191016140833159952_._ENDO_oar.pdf
Converted PDF file(s) ( 14 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Original PDF file:
evi_3898229178-20191016140833159952_._Exhibit_A.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_3898229178-20191016140833159952_._Exhibit_B.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1-3898229178-20191016140833159952_._Exhibit_C.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_1-3898229178-20191016140833159952_._Exhibit_D.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original PDF file:
evi_3898229178-20191016140833159952_._Exhibit_E.pdf
Converted PDF file(s) ( 14 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Original PDF file:
evi_3898229178-20191016140833159952_._Exhibit_F.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_3898229178-20191016140833159952_._Exhibit_G.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_3898229178-20191016140833159952_._Exhibit_H.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for drug substances, namely, enzymes; pharmaceutical preparations for the treatment of cellulite; pharmaceutical preparations for skin care; nutritional and dietary supplements; vitamins and mineral supplements; food supplements
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: drug substances, namely, enzymes; drug substances, namely, enzymes applied by injection available only via prescription; pharmaceutical preparations for the treatment of cellulite; pharmaceutical preparations for the treatment of cellulite applied by injection and available only via prescription; pharmaceutical preparations for skin care; nutritional and dietary supplements; vitamins and mineral supplements; food supplementsClass 005 for drug substances, namely, enzymes applied by injection available only via prescription; pharmaceutical preparations for the treatment of cellulite applied by injection and available only via prescription
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: Camille M. Miller. Camille M. Miller of COZEN O'CONNOR, is located at

      SUITE 2800
      1650 MARKET STREET
      PHILADELPHIA, Pennsylvania 19103
      US
The docket/reference number is ENDO/364672.

The phone number is 215-665-7273.

The fax number is 2157012273.

The email address is cmiller@cozen.com

The applicants proposed attorney information: Camille M. Miller. Other appointed attorneys are Melanie A. Miller, J. Trevor Cloak, Chanel L. Lattimer, Brianne L. Polito, Ashley Kessler, Mayura Noordyke, Kevin Gibbs. Camille M. Miller of Cozen O'Connor, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 2800
      1650 Market Street
      Philadelphia, Pennsylvania 19103
      United States
The docket/reference number is ENDO1170US.

The phone number is 215-665-7273.

The fax number is 2157012273.

The email address is cmiller@cozen.com

Camille M. Miller 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: CAMILLE M. MILLER. CAMILLE M. MILLER of COZEN O'CONNOR, is located at

      SUITE 2800
      1650 MARKET STREET
      PHILADELPHIA, Pennsylvania 19103
      US
The docket/reference number is ENDO/364672.

The phone number is 215-665-7273.

The fax number is 2157012273.

The email address is cmiller@cozen.com

The applicants proposed correspondence information: Camille M. Miller. Camille M. Miller of Cozen O'Connor, is located at

      Suite 2800
      1650 Market Street
      Philadelphia, Pennsylvania 19103
      United States
The docket/reference number is ENDO1170US.

The phone number is 215-665-7273.

The fax number is 2157012273.

The email address is cmiller@cozen.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a stylized letter E in a yellow circle and the stylized term ENDO in grey.

SIGNATURE(S)
Response Signature
Signature: /Camille M. Miller/     Date: 10/16/2019
Signatory's Name: Camille M. Miller
Signatory's Position: attorney

Signatory's Phone Number: 2156657273

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:    CAMILLE M. MILLER
   COZEN O'CONNOR
   SUITE 2800
   1650 MARKET STREET
   PHILADELPHIA, Pennsylvania 19103
Mailing Address:    Camille M. Miller
   Cozen O'Connor
   Suite 2800
   1650 Market Street
   Philadelphia, Pennsylvania 19103
        
Serial Number: 88346714
Internet Transmission Date: Wed Oct 16 14:42:07 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019101614420741
5594-88346714-6107385fa8c44207f84f5c7ff5
b495194f3b631b7b5c111f86ddad2627bbf71-N/
A-N/A-20191016140833159952