| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88360714 |
| LAW OFFICE ASSIGNED | LAW OFFICE 119 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/88360714/mark.png |
| LITERAL ELEMENT | I7 |
| 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) | |
|
In her office action, Trademark Examining Attorney refused registration of Applicant's mark under Section 2(e)(1) on the basis that it is merely descriptive of Applicant's products.
Specifically, she believes that Applicant's I7 mark merely describes a particular indexing primer.
In its application, Applicant described its products as follows:
"Reagent kits comprising generic DNA circle, DNA primers, polymerase and buffers for use in biotechnology fields"
However, this description (taken from the ID Manual) was not completely accurate in that Applicant's kits do not contain generic DNA circle or DNA primers. Rather, the kits only contain
DNA polymerase and buffers. As such, Applicant has amended its identification of products as follows:
"Reagent kits comprising DNA polymerase and buffers for use in biotechnology fields"
DNA polymerase is an enzyme that synthesizes DNA molecules from deoxyribonucleotides (the building blocks of DNA). It is not a DNA primer.
In view of the above, Applicant respectfully requests that Trademark Examining Attorney withdraw her refusal and approve Applicant's mark for publication.
|
|
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 001 |
| DESCRIPTION | |
| Reagent kits comprising generic DNA circle, DNA primers, polymerase and buffers for use in biotechnology fields | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 02/05/2019 |
| FIRST USE IN COMMERCE DATE | At least as early as 02/05/2019 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 001 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Reagent kits comprising DNA polymerase and buffers for use in biotechnology fields | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 02/05/2019 |
| FIRST USE IN COMMERCE DATE | At least as early as 02/05/2019 |
| ADDITIONAL STATEMENTS SECTION | |
| SIGNIFICANCE OF MARK | I7 appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /met20/ |
| SIGNATORY'S NAME | Morris E. Turek |
| SIGNATORY'S POSITION | Attorney of record, Missouri bar member |
| SIGNATORY'S PHONE NUMBER | (314) 749-4059 |
| DATE SIGNED | 11/25/2019 |
| RESPONSE SIGNATURE | /met20/ |
| SIGNATORY'S NAME | Morris E. Turek |
| SIGNATORY'S POSITION | Attorney of record, Missouri bar member |
| SIGNATORY'S PHONE NUMBER | (314) 749-4059 |
| DATE SIGNED | 11/25/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Nov 25 13:08:28 EST 2019 |
| TEAS STAMP | USPTO/ROA-XXXX:XXXX:XXXX: XXXX:XXXX:XXXX:XXXX:XXXX- 20191125130828690398-8836 0714-70070846ffc55ea2d3f7 c2f1fbb2890115abaa1885313 c9347fbd69abc2a2926e3-N/A -N/A-20191125124937138773 |
| 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) |
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.