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. 88457515 MICROPUMP(Standard Characters, see http://uspto.report/TM/88457515/mark.png) has been amended as follows:

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

Please see attached arguments, submitted in PDF form to preserve formatting.

EVIDENCE
Evidence in the nature of Arguments and Exhibit A has been attached.
Original PDF file:
evi_381429978-20200304064410722699_._Arguments.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_381429978-20200304064410722699_._Exhibit_A.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 005 for Microparticulate system that allows for the controlled release of oral dosage formulations of drugs; orally administrable powders, suspensions, suspension powders, and capsules for providing the controlled release of one or more medicinal or nutritional active principles
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: Microparticulate system that allows for the controlled release of oral dosage formulations of drugs; Orally administrable, microparticulate, pharmaceutical formulations that allow for the controlled release of one or more medicinal or nutritional active principles; orally administrable powders, suspensions, suspension powders, and capsules for providing the controlled release of one or more medicinal or nutritional active principlesClass 005 for Orally administrable, microparticulate, pharmaceutical formulations that allow for the controlled release of one or more medicinal or nutritional active principles; orally administrable powders, suspensions, suspension powders, and capsules for providing the controlled release of one or more medicinal or nutritional active principles
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Flamel Ireland Limited a(n) limited company (ltd.), legally organized under the laws of Ireland, having an address of

            Corporate Park      Block 10-1, Blanchardstown
      Ballycoolin Dublin 15,
      Ireland
      Email Address: trademarks@troutman.com

Proposed: Flamel Ireland Limited, limited company (ltd.) legally organized under the laws of Ireland, having an address of
      Corporate Park
      Block 10-1, Blanchardstown
      Ballycoolin Dublin 15,
      Ireland
      Email Address: trademarks@troutmansanders.com

The owner's/holder's current attorney information: Austin Padgett, Esq.. Austin Padgett, Esq. of TROUTMAN SANDERS LLP, is located at

      600 PEACHTREE STREET NE, SUITE 3000
      ATLANTA, Georgia 30308
      United States
The docket/reference number is 244174.9.
      The phone number is 404-885-3155.
      The fax number is 404-885-3900.
      The email address is trademarks@troutman.com

The owner's/holder's proposed attorney information: Austin Padgett, Esq.. Austin Padgett, Esq. of TROUTMAN SANDERS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      600 PEACHTREE STREET NE, SUITE 3000
      ATLANTA, Georgia 30308
      United States
The docket/reference number is 244174.9.
      The phone number is 404-885-3155.
      The fax number is 404-885-3900.
      The email address is trademarks@troutman.com

Austin Padgett, Esq. 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.Correspondence Information (current):
      AUSTIN PADGETT, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@troutman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): austin.padgett@troutman.com; kristina.woodruff@troutman.com; jennifer.hennelly@troutman.com

The docket/reference number is 244174.9.
Correspondence Information (proposed):
      Austin Padgett, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@troutman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): austin.padgett@troutman.com; kristina.woodruff@troutman.com; jennifer.hennelly@troutman.com

The docket/reference number is 244174.9.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Austin Padgett/     Date: 03/04/2020
Signatory's Name: Austin Padgett
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 4048853155

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:    AUSTIN PADGETT, ESQ.
   TROUTMAN SANDERS LLP
   
   600 PEACHTREE STREET NE, SUITE 3000
   ATLANTA, Georgia 30308
Mailing Address:    Austin Padgett, Esq.
   TROUTMAN SANDERS LLP
   600 PEACHTREE STREET NE, SUITE 3000
   ATLANTA, Georgia 30308
        
Serial Number: 88457515
Internet Transmission Date: Wed Mar 04 06:48:03 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200304064803519
850-88457515-7104dbfd96f837bfb9aabec4bb9
b9ebede915c9da3eae0ddd727b2584f9629f6-N/
A-N/A-20200304064410722699