TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88462618  (Stylized and/or with Design, see http://uspto.report/TM/88462618/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Korea, South registration number 40-1571729 registered 02/05/2020, with a renewal date of __________ and an expiration date of __________ , and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_65183161130-115038523_._KR__Certificate_of_Registration_TEMIXYS_logo.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FR_65183161130-115038523_._Translation_Certificate_of_Registration.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FR_65183161130-115038523_._Registry_TEMIXYS_logo.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FR_65183161130-115038523_._Translation_Registry_TEMIXYS_logo.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceuticals, namely, pharmaceutical preparations for the prevention of HIV/AIDS infection; pharmaceuticals, namely, pharmaceutical preparations for the treatment of HIV/AIDS
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Korea, South application number 40-2019-0058 filed 04/16/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 005 for Pharmaceuticals, namely, pharmaceutical preparations for the prevention of HIV/AIDS infection; pharmaceuticals, namely, pharmaceutical preparations for the treatment of HIV/AIDS
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Korea, South application number 40-2019-0058 filed 04/16/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Korea, South registration number 40-1571729 registered 02/05/2020 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-65183161130-115038523_._KR__Certificate_of_Registration_TEMIXYS_logo.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FRU0-65183161130-115038523_._Translation_Certificate_of_Registration.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FRU0-65183161130-115038523_._Registry_TEMIXYS_logo.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FRU0-65183161130-115038523_._Translation_Registry_TEMIXYS_logo.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1


APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: CELLTRION, INC., a corporation of Korea, South, having an address of
      23, Academy-ro, Yeonsu-gu
      Incheon, 22014
      Korea, South
Proposed: CELLTRION, INC., a corporation of Korea, South, having an address of
      23, Academy-ro, Yeonsu-gu
      Incheon, 22014
      Korea, South
      Email Address: klee@hdp.com

The owner's/holder's current attorney information: Kisuk Lee. Kisuk Lee of HARNESS, DICKEY & PIERCE, PLC , is located at

      7700 BONHOMME AVE, SUITE 400
      ST. LOUIS, Missouri
      United States
The docket/reference number is 15234-200207.

The phone number is 314-726-7500.

The fax number is 314-726-7501.

The email address is kslefiletm@hdp.com

The owner's/holder's proposed attorney information: Kisuk Lee. Other appointed attorneys are Joseph E. Walsh, Jr., Bryan K. Wheelock, Matthew L. Cutler, Anthony G. Fussner, and Michael J. Thomas. Kisuk Lee of HARNESS, DICKEY & PIERCE, PLC , is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      7700 BONHOMME AVE, SUITE 400
      ST. LOUIS, Missouri 63105
      United States
The docket/reference number is 15234-200207.

The phone number is 314-726-7500.

The fax number is 314-726-7501.

The email address is kslefiletm@hdp.com

Kisuk Lee 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):
      KISUK LEE
      PRIMARY EMAIL FOR CORRESPONDENCE: kslefiletm@hdp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Kisuk Lee
      PRIMARY EMAIL FOR CORRESPONDENCE: kslefiletm@hdp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 15234-200207.

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

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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; 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: for a trademark or service mark application, the applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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: /Kisuk Lee/    Date: 03/23/2020
Signatory's Name: Kisuk Lee
Signatory's Position: Attorney of record, Missouri bar member
Signatory's Phone Number: 314-726-7500

Response Suspension Inquiry Signature
Signature: /Kisuk Lee/     Date: 03/23/2020
Signatory's Name: Kisuk Lee
Signatory's Position: Attorney of record, Missouri bar member
Signatory's Phone Number: 314-726-7500

Mailing Address:    KISUK LEE
   HARNESS, DICKEY & PIERCE, PLC 
   
   7700 BONHOMME AVE, SUITE 400
   ST. LOUIS, Missouri
Mailing Address:    Kisuk Lee
   HARNESS, DICKEY & PIERCE, PLC 
   7700 BONHOMME AVE, SUITE 400
   ST. LOUIS, Missouri 63105
        
Serial Number: 88462618
Internet Transmission Date: Mon Mar 23 12:19:16 ET 2020
TEAS Stamp: USPTO/RSI-XX.XXX.XXX.XXX-202003231219164
43804-88462618-710690219ddc312d4da4f060c
6465d73ff4b6c8b33322e3c8c29628b52a918e7-
N/A-N/A-20200323115038523348