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. 88367596 ALLEVIA(Standard Characters, see http://uspto.report/TM/88367596/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

This is in response to the Office Action dated June 18, 2019. The Examiner is advised that U.S. Application Serial No. 88152241, which the Examiner indicated may pose as a basis for refusal of this mark, has been abandoned on August 26, 2019. Further, the Applicant agrees with the Examiner's suggested English translation of "Allevia" is "Relieves." In order to satisfy the statutory requirement under Section 44(e), the Applicant is submitting a copy of the foreign Registration Certificate. We trust the above adequately addresses all issues raised in the Office Action. It is believed that the Examiner's refusal has now been overcome, and that this application is now in condition for allowance.

EVIDENCE
Evidence in the nature of Foreign Registration Certificate has been attached.
Original PDF file:
evi_63240135132-20191218142230724588_._Allevia_-_Registration_Certficate.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for SUPPORT MATTRESSES FOR MEDICAL USE
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000303687 registered 04/25/2014 with a renewal date of 01/07/2024 and an expiration date of __________ ], 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 010 for SUPPORT MATTRESSES FOR MEDICAL USE
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000303687 registered 04/25/2014 with a renewal date of 01/07/2024 and an expiration date of __________ ], 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.
Original PDF file:
FRU0-63240135132-142230724_._Allevia_-_Registration_Certficate.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

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's current attorney information: William H. Honaker. William H. Honaker of DICKINSON WRIGHT PLLC, is located at

      SUITE 300
      2600 WEST BIG BEAVER ROAD
      TROY, Michigan 48084
      US
The docket/reference number is 75302-6.

The phone number is 248-433-7381.

The fax number is 844-670-6009.

The email address is dwtrademarks@dickinsonwright.com

The applicants proposed attorney information: William H. Honaker. William H. Honaker of DICKINSON WRIGHT PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 300
      2600 WEST BIG BEAVER ROAD
      TROY, Michigan 48084
      United States
The docket/reference number is 75302-6.

The phone number is 248-433-7381.

The fax number is 844-670-6009.

The email address is dwtrademarks@dickinsonwright.com

William H. Honaker 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: WILLIAM H. HONAKER. WILLIAM H. HONAKER of DICKINSON WRIGHT PLLC, is located at

      SUITE 300
      2600 WEST BIG BEAVER ROAD
      TROY, Michigan 48084
      US
The docket/reference number is 75302-6.

The phone number is 248-433-7200.

The fax number is 844-670-6009.

The email address is dwtrademarks@dickinsonwright.com; khopf@dickinsonwright.com; whonaker@dickinsonwright.com

The applicants proposed correspondence information: William H. Honaker. William H. Honaker of DICKINSON WRIGHT PLLC, is located at

      SUITE 300
      2600 WEST BIG BEAVER ROAD
      TROY, Michigan 48084
      United States
The docket/reference number is 75302-6.

The phone number is 248-433-7381.

The fax number is 844-670-6009.

The email address is dwtrademarks@dickinsonwright.com; khopf@dickinsonwright.com; whonaker@dickinsonwright.com

ADDITIONAL STATEMENTS
Translation
The English translation of Allevia in the mark is Relieves.


SIGNATURE(S)
Response Signature
Signature: /William H. Honaker/     Date: 12/18/2019
Signatory's Name: William H. Honaker
Signatory's Position: Attorney of Record

Signatory's Phone Number: 248-433-7381

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:    WILLIAM H. HONAKER
   DICKINSON WRIGHT PLLC
   SUITE 300
   2600 WEST BIG BEAVER ROAD
   TROY, Michigan 48084
Mailing Address:    William H. Honaker
   DICKINSON WRIGHT PLLC
   SUITE 300
   2600 WEST BIG BEAVER ROAD
   TROY, Michigan 48084
        
Serial Number: 88367596
Internet Transmission Date: Wed Dec 18 14:59:53 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912181459533
13292-88367596-700a679291ed12ae3b473769e
e7aa9e358ca16cab23d5f8631f87dbe7923c1fff
6-N/A-N/A-20191218142230724588