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 |
88415221 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88415221/mark.png |
| LITERAL ELEMENT |
CYPRESS PHARMACEUTICAL, INC. |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a rectangular shape with the large, stylized word CYPRESS carved out within. The Y in CYPRESS is made up of a stylized,
partially-filled pharmaceutical mortar and pestle device. Underneath CYPRESS, and in thinner lettering is carved PHARMACEUTICAL, INC. |
| ARGUMENT(S) |
| Applicant thanks the Examining Attorney for the thorough Office Action dated June 11, 2019. In that Action, the Examining Attorney refused
registration of the subject mark under Section 2(d) of the Trademark Act on the basis that it is likely to be confused with the mark that is the subject of U.S. Registration No. 2101153. However,
Applicant notes that the cited registration was due for its Section 8/9 Affidavits of Continued Use and Renewal by September 30, 2017, with a 6-month grace period to file then ending on March 30,
2018. As that grace period deadline was more than one year, the cited registration has expired, is no longer valid, and should technically be listed as such in the U.S. Trademark Office's database.
As a result of this information, Applicant respectfully requests that the cited registration be withdrawn as a basis for refusal and that, along with the additional amendments provided in the
remainder of this Office Action Response, this application be approved for publication. Should the Examining Attorney require any additional information, she is encouraged to contact the undersigned
counsel directly. |
| ADDITIONAL STATEMENTS SECTION |
| DISCLAIMER |
No claim is made to the exclusive right to use PHARMACEUTICAL, INC. apart from the mark as shown. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Andrew N. Spivak/ |
| SIGNATORY'S NAME |
Andrew N. Spivak |
| SIGNATORY'S POSITION |
Attorney for Applicant |
| SIGNATORY'S PHONE NUMBER |
(202) 600-2270 |
| DATE SIGNED |
06/12/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Wed Jun 12 12:52:10 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0190612125210590662-88415
221-620b6cfad5bbc9d7cafc3
a81338ca8c56557f4aa53e528
6d272ce1c5061a313ac67-N/A
-N/A-20190612124731340201 |
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.
88415221 CYPRESS PHARMACEUTICAL, INC. (Stylized and/or with Design, see http://uspto.report/TM/88415221/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant thanks the Examining Attorney for the thorough Office Action dated June 11, 2019. In that Action, the Examining Attorney refused registration of the subject mark under Section 2(d) of the
Trademark Act on the basis that it is likely to be confused with the mark that is the subject of U.S. Registration No. 2101153. However, Applicant notes that the cited registration was due for its
Section 8/9 Affidavits of Continued Use and Renewal by September 30, 2017, with a 6-month grace period to file then ending on March 30, 2018. As that grace period deadline was more than one year, the
cited registration has expired, is no longer valid, and should technically be listed as such in the U.S. Trademark Office's database. As a result of this information, Applicant respectfully requests
that the cited registration be withdrawn as a basis for refusal and that, along with the additional amendments provided in the remainder of this Office Action Response, this application be approved
for publication. Should the Examining Attorney require any additional information, she is encouraged to contact the undersigned counsel directly.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use PHARMACEUTICAL, INC. apart from the mark as shown.
SIGNATURE(S)
Response Signature
Signature: /Andrew N. Spivak/ Date: 06/12/2019
Signatory's Name: Andrew N. Spivak
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: (202) 600-2270
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 88415221
Internet Transmission Date: Wed Jun 12 12:52:10 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019061212521059
0662-88415221-620b6cfad5bbc9d7cafc3a8133
8ca8c56557f4aa53e5286d272ce1c5061a313ac6
7-N/A-N/A-20190612124731340201