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. 88458863 PHYSICIANS KETO RX(Standard Characters, see http://uspto.report/TM/88458863/mark.png) has been amended as follows:

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

An applicant may assert a claim of acquired distinctiveness based upon the fact that applicant's use of the same mark or part of a mark has caused the mark to become distinctive. In this regard, Applicant submits a claim of ownership of prior registrations 3,113,571 and 4,591,225, and a claim of acquired distinctiveness for a portion of the mark.

The applicant's current attorney information: Tama L. Drenski. Tama L. Drenski of RENNER KENNER GREIVE BOBAK TAYLOR & WEBER, is located at

      HUNTINGTON TOWER, SUITE 400
      106 S. MAIN STREET
      AKRON, Ohio 44308-1412
      US
The docket/reference number is PHY.T.US0048.

The phone number is 330-376-1242.

The fax number is 330-376-9646.

The email address is pto@rennerkenner.com

The applicants proposed attorney information: Tama L. Drenski. Tama L. Drenski of RENNER KENNER GREIVE BOBAK TAYLOR & WEBER, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      HUNTINGTON TOWER, SUITE 400
      106 S. MAIN STREET
      AKRON, Ohio 44308-1412
      United States
The docket/reference number is PHY.T.US0048.

The phone number is 330-376-1242.

The fax number is 330-376-9646.

The email address is pto@rennerkenner.com

Tama L. Drenski 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: TAMA L. DRENSKI. TAMA L. DRENSKI of RENNER KENNER GREIVE BOBAK TAYLOR & WEBER, is located at

      HUNTINGTON TOWER, SUITE 400
      106 S. MAIN STREET
      AKRON, Ohio 44308-1412
      US
The docket/reference number is PHY.T.US0048.

The phone number is 330-376-1242.

The fax number is 330-376-9646.

The email address is pto@rennerkenner.com; tldrenski@rennerkenner.com

The applicants proposed correspondence information: Tama L. Drenski. Tama L. Drenski of RENNER KENNER GREIVE BOBAK TAYLOR & WEBER, is located at

      HUNTINGTON TOWER, SUITE 400
      106 S. MAIN STREET
      AKRON, Ohio 44308-1412
      United States
The docket/reference number is PHY.T.US0048.

The phone number is 330-376-1242.

The fax number is 330-376-9646.

The email address is pto@rennerkenner.com; TLDRENSKI@RENNERKENNER.COM

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use keto or Rx apart from the mark as shown.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3113571 and 4591225.


SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
PHYSICIANS has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 3113571, 4591225, 1341585, 1341586, 4908050


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: /Tama L. Drenski/      Date: 02/03/2020
Signatory's Name: Tama L. Drenski
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 3303761242


Response Signature
Signature: /Tama L. Drenski/     Date: 02/03/2020
Signatory's Name: Tama L. Drenski
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 3303761242

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:    TAMA L. DRENSKI
   RENNER KENNER GREIVE BOBAK TAYLOR & WEBER
   HUNTINGTON TOWER, SUITE 400
   106 S. MAIN STREET
   AKRON, Ohio 44308-1412
Mailing Address:    Tama L. Drenski
   RENNER KENNER GREIVE BOBAK TAYLOR & WEBER
   HUNTINGTON TOWER, SUITE 400
   106 S. MAIN STREET
   AKRON, Ohio 44308-1412
        
Serial Number: 88458863
Internet Transmission Date: Mon Feb 03 11:24:55 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202002031124551
46471-88458863-700d6285f543d7d8a46944433
d1746bea3bfda5d94d6d9ae91a45657d87e4ce4b
-N/A-N/A-20200203111052018160