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. 88418492 ZYLA(Standard Characters, see http://uspto.report/TM/88418492/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 035 for wholesale and retail sale of medicines for human and 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.

Proposed:
Tracked Text Description: wholesale and retail sale of medicines for human and veterinary use; wholesale and retail store services featuring medicines for human and veterinary useClass 035 for wholesale and retail store services featuring medicines for human and veterinary use
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: Keith Barritt. Keith Barritt of FISH & RICHARDSON P.C., is located at

      P.O BOX 1022
      MINNEAPOLIS, Minnesota 55440-1022
      US
The docket/reference number is 480150009001.

The phone number is 202-783-5070.

The fax number is 877-769-7945.

The email address is tmdoctc@fr.com

The applicants proposed attorney information: Keith Barritt. Other appointed attorneys are Vivian Cheng, Timothy A. French, Jonathan Jekel, Nancy Ly, Kristen McCallion, John P. McCormick, P. Weston Musselman, Jr., Michelle O. Parsons, Russell N. Rippamonti, Debra S. Serota, Catherine H. Stockell, Jerre B. Swann, Jr., Lisa Greenwald-Swire, Ryan Thomas, Kerrijane John, Sarah Kelleher, Annie Hartnett, Charles Bahlert and Cynthia Johnson Walden. Keith Barritt of FISH & RICHARDSON P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P.O BOX 1022
      MINNEAPOLIS, Minnesota 55440-1022
      United States
The docket/reference number is 480150009001.

The phone number is 202-783-5070.

The fax number is 877-769-7945.

The email address is tmdoctc@fr.com

Keith Barritt 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: KEITH BARRITT. KEITH BARRITT of FISH & RICHARDSON P.C., is located at

      P.O BOX 1022
      MINNEAPOLIS, Minnesota 55440-1022
      US
The docket/reference number is 480150009001.

The phone number is 202-783-5070.

The fax number is 877-769-7945.

The email address is tmdoctc@fr.com

The applicants proposed correspondence information: Keith Barritt. Keith Barritt of FISH & RICHARDSON P.C., is located at

      P.O BOX 1022
      MINNEAPOLIS, Minnesota 55440-1022
      United States
The docket/reference number is 480150009001.

The phone number is 202-783-5070.

The fax number is 877-769-7945.

The email address is tmdoctc@fr.com

SIGNATURE(S)
Response Signature
Signature: /Keith Barritt/     Date: 08/28/2019
Signatory's Name: Keith Barritt
Signatory's Position: attorney of record, Virginia bar member

Signatory's Phone Number: 202-783-5070

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:    KEITH BARRITT
   FISH & RICHARDSON P.C.
   
   P.O BOX 1022
   MINNEAPOLIS, Minnesota 55440-1022
Mailing Address:    Keith Barritt
   FISH & RICHARDSON P.C.
   P.O BOX 1022
   MINNEAPOLIS, Minnesota 55440-1022
        
Serial Number: 88418492
Internet Transmission Date: Wed Aug 28 10:10:39 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190828101039004
793-88418492-610e7415891c69fc3f8659cbb43
83aecad4f338b837d8d24445f73e64fef65c9b0-
N/A-N/A-20190828100619997901