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 |
88384327 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK |
http://uspto.report/TM/88384327/mark.png |
LITERAL ELEMENT |
TRAIN |
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. |
LEGAL ENTITY SECTION (current) |
TYPE |
APPLICANT ENTERED NO DATA |
LEGAL ENTITY SECTION (proposed) |
TYPE |
JOINT STOCK COMPANY |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Switzerland |
GOODS AND/OR SERVICES SECTION (001)(current) |
INTERNATIONAL CLASS |
001 |
DESCRIPTION |
Chemical products for biotechnological purposes (industrial); Chemicals for use in biotechnological manufacturing processes; Chemicals
for use in biotechnological product development; Chemical substances for use in the biotechnological industry; Chemical reagents for use in biotechnology, other than for medical or veterinary
use |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017968715 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
10/15/2018 |
GOODS AND/OR SERVICES SECTION (001)(proposed) |
INTERNATIONAL CLASS |
001 |
TRACKED TEXT DESCRIPTION |
Chemical products for biotechnological purposes (industrial); Chemical preparations for biotechnological purposes for use in industry; Chemicals for use in biotechnological manufacturing processes; Chemicals for use in biotechnological product development; Chemical substances for use in the biotechnological industry; Chemical preparations for use in industry, specifically biotechnological industries; Chemical reagents for use in biotechnology, other than for medical or
veterinary use |
FINAL DESCRIPTION |
Chemical preparations for biotechnological purposes for use in industry; Chemicals for use in biotechnological manufacturing processes;
Chemicals for use in biotechnological product development; Chemical preparations for use in industry, specifically biotechnological industries;Chemical reagents for use in biotechnology, other than
for medical or veterinary use |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017968715 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
10/15/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
017968715 |
FOREIGN REGISTRATION
COUNTRY |
European Community - CTM |
FOREIGN REGISTRATION
DATE |
02/02/2019 |
FOREIGN EXPIRATION DATE |
10/15/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-7315833152-153732383_._TRAIN_Certificate.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\843\88384327\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\843\88384327\xml4\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\843\88384327\xml4\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\843\88384327\xml4\ROA0005.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Biotechnological preparations for medical use |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017968715 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
10/15/2018 |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Biotechnological preparations for medical use; Biotechnological
preparations, namely, reagents for medical use; Biotechnological pharmaceutical preparations for oncology treatment and diagnostics, cancer treatment and
diagnostics, inflammation treatment and diagnostics, inflammation-related condition treatment and diagnostics |
FINAL DESCRIPTION |
Biotechnological preparations, namely, reagents for medical use; Biotechnological pharmaceutical preparations for oncology treatment
and diagnostics, cancer treatment and diagnostics, inflammation treatment and diagnostics, inflammation-related condition treatment and diagnostics |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017968715 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
10/15/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
017968715 |
FOREIGN REGISTRATION
COUNTRY |
European Community - CTM |
FOREIGN REGISTRATION
DATE |
02/02/2019 |
FOREIGN EXPIRATION DATE |
10/15/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU1-7315833152-153732383_._TRAIN_Certificate.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\843\88384327\xml4\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\843\88384327\xml4\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\843\88384327\xml4\ROA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\843\88384327\xml4\ROA0009.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
GOODS AND/OR SERVICES SECTION (010)(current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Medical and veterinary apparatus and instruments |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017968715 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
10/15/2018 |
GOODS AND/OR SERVICES SECTION (010)(proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Medical and veterinary apparatus and instruments; Surgical
instruments and apparatus; Medical instruments for use in diagnotic imaging; Medical instruments for measuring and
displaying tumors, metastases, inflammation sites and inflammation-related sites; Surgical apparatus and instruments for medical, dental or veterinary
use |
FINAL DESCRIPTION |
Surgical instruments and apparatus; Medical instruments for use in diagnotic imaging; Medical instruments for measuring and displaying
tumors, metastases, inflammation sites and inflammation-related sites; Surgical apparatus and instruments for medical, dental or veterinary use |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017968715 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
10/15/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
017968715 |
FOREIGN REGISTRATION
COUNTRY |
European Community - CTM |
FOREIGN REGISTRATION
DATE |
02/02/2019 |
FOREIGN EXPIRATION DATE |
10/15/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU2-7315833152-153732383_._TRAIN_Certificate.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\843\88384327\xml4\ROA0010.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\843\88384327\xml4\ROA0011.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\843\88384327\xml4\ROA0012.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\843\88384327\xml4\ROA0013.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
ADDITIONAL STATEMENTS SECTION |
SIGNIFICANCE OF MARK |
TRAIN 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. |
ATTORNEY SECTION (current) |
NAME |
MARGARET C. MCHUGH |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
KILPATRICK TOWNSEND & STOCKTON LLP |
INTERNAL ADDRESS |
1100 PEACHTREE STREET NE, SUITE 2800 |
STREET |
MAILSTOP IP DOCKETING-22 |
CITY |
ATLANTA |
STATE |
Georgia |
POSTAL CODE |
30309 |
COUNTRY |
US |
PHONE |
415-273-0200 |
FAX |
415-576-0300 |
EMAIL |
tmadmin@Kilpatricktownsend.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1135142 |
ATTORNEY SECTION (proposed) |
NAME |
MARGARET C. MCHUGH |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
KILPATRICK TOWNSEND & STOCKTON LLP |
STREET |
Two Embarcadero Center, Suite 1900 |
CITY |
San Francisco |
STATE |
California |
POSTAL CODE |
94111 |
COUNTRY |
United States |
PHONE |
415-273-0200 |
FAX |
415-576-0300 |
EMAIL |
tmadmin@Kilpatricktownsend.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1135142 |
CORRESPONDENCE SECTION (current) |
NAME |
MARGARET C. MCHUGH |
FIRM NAME |
KILPATRICK TOWNSEND & STOCKTON LLP |
INTERNAL ADDRESS |
1100 PEACHTREE STREET NE, SUITE 2800 |
STREET |
MAILSTOP IP DOCKETING-22 |
CITY |
ATLANTA |
STATE |
Georgia |
POSTAL CODE |
30309 |
COUNTRY |
US |
PHONE |
415-273-0200 |
FAX |
415-576-0300 |
EMAIL |
tmadmin@Kilpatricktownsend.com; mmchugh@kilpatricktownsend.com; pcheng@kilpatricktownsend.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1135142 |
CORRESPONDENCE SECTION (proposed) |
NAME |
MARGARET C. MCHUGH |
FIRM NAME |
KILPATRICK TOWNSEND & STOCKTON LLP |
INTERNAL ADDRESS |
Mailstop: IP Docketing - 22 |
STREET |
1100 Peachtree Street, Suite 2800 |
CITY |
Atlanta |
STATE |
Georgia |
POSTAL CODE |
30309 |
COUNTRY |
United States |
PHONE |
4155760200 |
FAX |
415-576-0300 |
EMAIL |
tmadmin@Kilpatricktownsend.com; mmchugh@kilpatricktownsend.com; pcheng@kilpatricktownsend.com; jgreenacre@kilpatricktownsend.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1135142 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/margaret c mchugh/ |
SIGNATORY'S NAME |
Margaret C. McHugh |
SIGNATORY'S POSITION |
Attorney of record, CA bar member |
SIGNATORY'S PHONE NUMBER |
415-273-7509 |
DATE SIGNED |
12/09/2019 |
RESPONSE SIGNATURE |
/margaret c mchugh/ |
SIGNATORY'S NAME |
Margaret C. McHugh |
SIGNATORY'S POSITION |
Attorney of record, CA bar member |
SIGNATORY'S PHONE NUMBER |
415-273-7509 |
DATE SIGNED |
12/09/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Dec 09 16:32:40 EST 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0191209163240129351-88384
327-700645a741c557e76cd21
239bb35ea2dd7ca2a3ff9bf7d
84d82e0d7d26ef74519-N/A-N
/A-20191209162050716319 |
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.
88384327 TRAIN(Standard Characters, see http://uspto.report/TM/88384327/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Chemical products for biotechnological purposes (industrial); Chemicals for use in biotechnological manufacturing processes; Chemicals for use in biotechnological
product development; Chemical substances for use in the biotechnological industry; Chemical reagents for use in biotechnology, other than for medical or veterinary use
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(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 017968715 filed 10/15/2018]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Chemical products for biotechnological purposes (industrial);
Chemical preparations for
biotechnological purposes for use in industry;
Chemicals for use in biotechnological manufacturing processes;
Chemicals for use in biotechnological
product development;
Chemical substances for use in the biotechnological industry;
Chemical preparations for use in
industry, specifically biotechnological industries;
Chemical reagents for use in biotechnology, other than for medical or veterinary useClass 001 for Chemical
preparations for biotechnological purposes for use in industry; Chemicals for use in biotechnological manufacturing processes; Chemicals for use in biotechnological product development; Chemical
preparations for use in industry, specifically biotechnological industries;Chemical reagents for use in biotechnology, other than for medical or veterinary use
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 017968715 filed
10/15/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community - CTM registration number 017968715
registered 02/02/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], 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:
FRU0-7315833152-153732383_._TRAIN_Certificate.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Biotechnological preparations for medical use
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(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 017968715 filed 10/15/2018]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Biotechnological preparations for medical use;
Biotechnological preparations, namely, reagents for
medical use;
Biotechnological pharmaceutical preparations for oncology treatment and diagnostics, cancer treatment and diagnostics, inflammation treatment and
diagnostics, inflammation-related condition treatment and diagnosticsClass 005 for Biotechnological preparations, namely, reagents for medical use; Biotechnological pharmaceutical preparations
for oncology treatment and diagnostics, cancer treatment and diagnostics, inflammation treatment and diagnostics, inflammation-related condition treatment and diagnostics
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 017968715 filed
10/15/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community - CTM registration number 017968715
registered 02/02/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], 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:
FRU1-7315833152-153732383_._TRAIN_Certificate.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical and veterinary apparatus and instruments
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(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 017968715 filed 10/15/2018]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Medical and veterinary apparatus and instruments;
Surgical instruments and apparatus;
Medical instruments for use in diagnotic imaging;
Medical instruments for measuring and displaying tumors, metastases,
inflammation sites and inflammation-related sites;
Surgical apparatus and instruments for medical, dental or veterinary useClass 010 for Surgical
instruments and apparatus; Medical instruments for use in diagnotic imaging; Medical instruments for measuring and displaying tumors, metastases, inflammation sites and inflammation-related sites;
Surgical apparatus and instruments for medical, dental or veterinary use
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 017968715 filed
10/15/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community - CTM registration number 017968715
registered 02/02/2019 with a renewal date of __________ and an expiration date of 10/15/2028 ], 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:
FRU2-7315833152-153732383_._TRAIN_Certificate.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Cellis AG having an address of
Langstrasse 20
Zürich, 8004
Switzerland
Proposed: Cellis AG, JOINT STOCK COMPANY legally organized under the laws of Switzerland, having an address of
Langstrasse 20
Zürich, 8004
Switzerland
The applicant's current attorney information: MARGARET C. MCHUGH. MARGARET C. MCHUGH of KILPATRICK TOWNSEND & STOCKTON LLP, is located at
1100 PEACHTREE STREET NE, SUITE 2800
MAILSTOP IP DOCKETING-22
ATLANTA, Georgia 30309
US
The docket/reference number is 1135142.
The phone number is 415-273-0200.
The fax number is 415-576-0300.
The email address is tmadmin@Kilpatricktownsend.com
The applicants proposed attorney information: MARGARET C. MCHUGH. MARGARET C. MCHUGH of KILPATRICK TOWNSEND & STOCKTON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar
membership no. XXX, is located at
Two Embarcadero Center, Suite 1900
San Francisco, California 94111
United States
The docket/reference number is 1135142.
The phone number is 415-273-0200.
The fax number is 415-576-0300.
The email address is tmadmin@Kilpatricktownsend.com
MARGARET C. MCHUGH 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: MARGARET C. MCHUGH. MARGARET C. MCHUGH of KILPATRICK TOWNSEND & STOCKTON LLP, is located at
1100 PEACHTREE STREET NE, SUITE 2800
MAILSTOP IP DOCKETING-22
ATLANTA, Georgia 30309
US
The docket/reference number is 1135142.
The phone number is 415-273-0200.
The fax number is 415-576-0300.
The email address is tmadmin@Kilpatricktownsend.com; mmchugh@kilpatricktownsend.com; pcheng@kilpatricktownsend.com
The applicants proposed correspondence information: MARGARET C. MCHUGH. MARGARET C. MCHUGH of KILPATRICK TOWNSEND & STOCKTON LLP, is located at
Mailstop: IP Docketing - 22
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309
United States
The docket/reference number is 1135142.
The phone number is 4155760200.
The fax number is 415-576-0300.
The email address is tmadmin@Kilpatricktownsend.com; mmchugh@kilpatricktownsend.com; pcheng@kilpatricktownsend.com; jgreenacre@kilpatricktownsend.com
ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
TRAIN 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(S)
Declaration Signature
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.
Signature: /margaret c mchugh/ Date: 12/09/2019
Signatory's Name: Margaret C. McHugh
Signatory's Position: Attorney of record, CA bar member
Signatory's Phone Number: 415-273-7509
Response Signature
Signature: /margaret c mchugh/ Date: 12/09/2019
Signatory's Name: Margaret C. McHugh
Signatory's Position: Attorney of record, CA bar member
Signatory's Phone Number: 415-273-7509
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: MARGARET C. MCHUGH
KILPATRICK TOWNSEND & STOCKTON LLP
1100 PEACHTREE STREET NE, SUITE 2800
MAILSTOP IP DOCKETING-22
ATLANTA, Georgia 30309
Mailing Address: MARGARET C. MCHUGH
KILPATRICK TOWNSEND & STOCKTON LLP
Mailstop: IP Docketing - 22
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309
Serial Number: 88384327
Internet Transmission Date: Mon Dec 09 16:32:40 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019120916324012
9351-88384327-700645a741c557e76cd21239bb
35ea2dd7ca2a3ff9bf7d84d82e0d7d26ef74519-
N/A-N/A-20191209162050716319