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 |
88438211 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION |
MARK |
http://uspto.report/TM/88438211/mark.png |
LITERAL ELEMENT |
NUZYRA |
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) |
Applicant respectfully requests that the Examiner withdraw its objection of Applicant’s Class 44 specimen, as the specimen properly shows use of the mark in
connection with providing information to physicians, healthcare professionals, and patients. Specifically, the website shown in the Class 44 specimen is used by doctors, patients, and consumers
to gain access to safety information, usage and dosage instructions, and the indications is approved to treat. None of these categories of information are provided merely for the purpose of
advertising the drug. Rather, the purpose of the website is to provide critical medical information to individuals regardless of their location.
|
GOODS AND/OR SERVICES SECTION (036)(no change) |
GOODS AND/OR SERVICES SECTION (039)(no change) |
GOODS AND/OR SERVICES SECTION (044)(current) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Providing information in the fields of health, medicine, and pharmaceuticals for the treatment of infectious disease; Medical
information services, namely, providing information to physicians, healthcare professionals, and patients on the topics of health issues, pharmaceutical products, and health awareness in the field of
infectious diseases; Health care services, namely, providing patient access programs to provide eligible patients with streamlined access to drugs; Dispensing of pharmaceuticals; Providing an
interactive internet website for medical professionals and medical patients featuring cumulative medical information that enables users to enter, access, track, and monitor health and medical
information |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 02/14/2019 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/14/2019 |
GOODS AND/OR SERVICES SECTION (044)(proposed) |
INTERNATIONAL CLASS |
044 |
TRACKED TEXT DESCRIPTION |
Providing information in the fields of health, medicine, and pharmaceuticals for the treatment of infectious
disease; Medical information services, namely, providing information to physicians, healthcare professionals, and patients on the topics of health issues, pharmaceutical
products, and health awareness in the field of infectious diseases; Health care services, namely, providing patient access programs to provide eligible patients with
streamlined access to drugs; Dispensing of pharmaceuticals; Providing an interactive internet website for medical professionals and
medical patients featuring cumulative medical information that enables users to enter, access, track, and monitor health and medical information; Providing an
interactive internet website for medical professionals and medical patients featuring cumulative medical information that enables users to enter, access, track, and monitor and generate health and
medical information |
FINAL DESCRIPTION |
Providing information in the fields of health, medicine, and pharmaceuticals for the treatment of infectious disease; Medical
information services, namely, providing information to physicians, healthcare professionals, and patients on the topics of health issues, pharmaceutical products, and health awareness in the field of
infectious diseases; Health care services, namely, providing patient access programs to provide eligible patients with streamlined access to drugs; Dispensing of pharmaceuticals; Providing an
interactive internet website for medical professionals and medical patients featuring cumulative medical information that enables users to enter, access, track, and monitor and generate health and
medical information |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 02/14/2019 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/14/2019 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Keith Toms/ |
SIGNATORY'S NAME |
Keith Toms |
SIGNATORY'S POSITION |
Attorney of record, Massachusetts bar member |
SIGNATORY'S PHONE NUMBER |
617-449-6500 |
DATE SIGNED |
10/17/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Oct 17 16:26:53 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XX-201
91017162653448124-8843821
1-610c483cf2ead745c198a1d
92598155214217a330c0eebdc
9809010b5fa348b-N/A-N/A-2
0191017150236861411 |
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.
88438211 NUZYRA(Standard Characters, see http://uspto.report/TM/88438211/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant respectfully requests that the Examiner withdraw its objection of Applicant’s Class 44 specimen, as the specimen properly shows use of the mark in
connection with providing information to physicians, healthcare professionals, and patients. Specifically, the website shown in the Class 44 specimen is used by doctors, patients, and consumers
to gain access to safety information, usage and dosage instructions, and the indications is approved to treat. None of these categories of information are provided merely for the purpose of
advertising the drug. Rather, the purpose of the website is to provide critical medical information to individuals regardless of their location.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Providing information in the fields of health, medicine, and pharmaceuticals for the treatment of infectious disease; Medical information services, namely, providing
information to physicians, healthcare professionals, and patients on the topics of health issues, pharmaceutical products, and health awareness in the field of infectious diseases; Health care
services, namely, providing patient access programs to provide eligible patients with streamlined access to drugs; Dispensing of pharmaceuticals; Providing an interactive internet website for medical
professionals and medical patients featuring cumulative medical information that enables users to enter, access, track, and monitor health and medical information
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/14/2019 and first used in commerce at least as early as 02/14/2019 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Providing information in the fields of health, medicine, and pharmaceuticals for the treatment of infectious disease;
Medical information services, namely, providing information to physicians, healthcare professionals, and patients on the topics of health issues, pharmaceutical products, and health awareness
in the field of infectious diseases;
Health care services, namely, providing patient access programs to provide eligible patients with streamlined access to drugs;
Dispensing of pharmaceuticals;
Providing an interactive internet website for medical professionals and medical patients featuring
cumulative medical information that enables users to enter, access, track, and monitor health and medical information;
Providing an interactive internet website
for medical professionals and medical patients featuring cumulative medical information that enables users to enter, access, track, and monitor and generate health and medical informationClass
044 for Providing information in the fields of health, medicine, and pharmaceuticals for the treatment of infectious disease; Medical information services, namely, providing information to
physicians, healthcare professionals, and patients on the topics of health issues, pharmaceutical products, and health awareness in the field of infectious diseases; Health care services, namely,
providing patient access programs to provide eligible patients with streamlined access to drugs; Dispensing of pharmaceuticals; Providing an interactive internet website for medical professionals and
medical patients featuring cumulative medical information that enables users to enter, access, track, and monitor and generate health and medical information
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/14/2019 and first used in commerce at least as early as 02/14/2019 , and
is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Keith Toms/ Date: 10/17/2019
Signatory's Name: Keith Toms
Signatory's Position: Attorney of record, Massachusetts bar member
Signatory's Phone Number: 617-449-6500
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.
Serial Number: 88438211
Internet Transmission Date: Thu Oct 17 16:26:53 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201910171626534481
24-88438211-610c483cf2ead745c198a1d92598
155214217a330c0eebdc9809010b5fa348b-N/A-
N/A-20191017150236861411