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 |
88468906 |
LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
MARK SECTION |
MARK |
http://uspto.report/TM/88468906/mark.png |
LITERAL ELEMENT |
VECTIVBIO |
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. |
OWNER SECTION (current) |
NAME |
Dikean Management AG |
INTERNAL ADDRESS |
c/o Therachon AG |
STREET |
Aeschenvorstadt 36 |
CITY |
Basel |
ZIP/POSTAL CODE |
4051 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
OWNER SECTION (proposed) |
NAME |
Dikean Management AG |
INTERNAL ADDRESS |
c/o Therachon AG |
STREET |
Aeschenvorstadt 36 |
CITY |
Basel |
ZIP/POSTAL CODE |
4051 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
EMAIL |
tmoffice@knobbe.com |
ARGUMENT(S) |
In the Office Action mailed September 10, 2019 the Examining Attorney requested amendments to the goods and services. Applicant has amended its goods and services
as suggested by the Examining Attorney and in accordance with the USPTO’s Acceptable Identification of Goods and Services Manual.
The Examining Attorney also inquired whether Applicant intended to rely on both its expected foreign registration and its bona fide intention to use the mark in
U.S. commerce or just one of these bases. Applicant submits that, for now, it intends to rely on both bases. The foreign registration will be provided once available.
Applicant submits that it has responded to all outstanding issues raised in the Office Action. Should the Examining Attorney require any additional information,
the Examining Attorney is encouraged to contact Applicant’s U.S. counsel, Stacey R. Halpern, Knobbe, Martens, Olson & Bear, LLP, 2040 Main Street, 14th Floor, Irvine, CA 92614,
efiling@knobbe.com.
|
GOODS AND/OR SERVICES SECTION (001) (current) |
INTERNATIONAL CLASS |
001 |
DESCRIPTION |
Active plant agents and plant extracts for research purposes |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
07882/2019 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
FOREIGN FILING DATE |
06/11/2019 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
GOODS AND/OR SERVICES SECTION (001) (proposed) |
INTERNATIONAL CLASS |
001 |
TRACKED TEXT DESCRIPTION |
Active plant agents and plant extracts for research purposes; Plant
extracts for medical and pharmaceutical research purposes |
FINAL DESCRIPTION |
Plant extracts for medical and pharmaceutical research purposes |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
07882/2019 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
FOREIGN FILING DATE |
06/11/2019 |
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) |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
GOODS AND/OR SERVICES SECTION (005) (current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Nutritional additives for medical purposes in the nature of natural food extracts derived from herbs, fruits, spices, vegetables,
algae, fungi or in the nature of minerals, trace-elements, vitamins, micronutrients; a full line of medicines, particularly phytopharmaceuticals; active plant agents and plant extracts for medical
use; a full line of pharmaceutical and veterinary preparations for the treatment of human and animal diseases; sanitary preparations for medical use; dietetic food, namely, herbs, fruits, spices,
vegetables, algae, fungi or in the nature of minerals, trace-elements, vitamins, micro-nutrients adapted for medical use, food for babies; adjuvants for medical purposes; amino acids for medical
purposes; anaesthetics; analgesics; vermifuges; antibiotics; a full line of biological preparations for the treatment of human and animal diseases; chemical active components for medical use, namely,
chemical preparations for treating genetic conditions, rare diseases and conditions; chemical reagents for medical or veterinary purposes; a full line of chemico-pharmaceutical preparations for the
treatment of human and animal diseases; a full line of ferments for pharmaceutical purposes; hormones for medical purposes; a full line of medical infusions for the treatment of human and animal
diseases; medicines for the treatment of gum disease, caries, toothache or wound healing of the gums; a full line of medicines for the treatment of human diseases; radiological contrast substances
for medical purposes; steroids |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
07882/2019 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
FOREIGN FILING DATE |
06/11/2019 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
GOODS AND/OR SERVICES SECTION (005) (proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Nutritional additives for medical purposes in the nature of natural food extracts derived from herbs,
fruits, spices, vegetables, algae, fungi or in the nature of minerals, trace-elements, vitamins, micronutrients; Nutritional additives for medical purposes in the
nature of natural food extracts derived from herbs, fruits, spices, vegetables, algae, fungi; a full line of medicines, particularly phytopharmaceuticals;
Nutritional additives for medical purposes in the nature of mineral preparations for medical use, trace-elements for medical purposes, vitamins, micronutrients
preparations for the prevent of autoimmune, immune, viral, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological,
ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and intestinal, bowel diseases, disorders and conditions; active
plant agents and plant extracts for medical use; phytopharmaceuticals for the treatment of autoimmune, immune, viral, metabolic, endocrine, musculoskeletal,
cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and
intestinal, bowel diseases, disorders and conditions; a full line of pharmaceutical and veterinary preparations for the treatment of human and animal
diseases; active plant agents; plant extracts for medical purposes; dietetic
food, namely, herbs, fruits, spices, vegetables, algae, fungi or in the nature of minerals, trace-elements, vitamins, micro-nutrients adapted for medical use, food for babies; pharmaceutical and veterinary preparations for the treatment of human diseases; sanitary preparations for medical use; dietetic food, namely, herbs, fruits, spices, vegetables, algae, fungi; dietetic food, namely mineral preparations for medical purposes,
trace-elements for medical purposes, vitamins, micro-nutrients adapted for medical use, food for babies; adjuvants for medical purposes; amino
acids for medical purposes; anaesthetics; a full line of biological preparations for the treatment of human and animal
diseases; analgesics; chemical active components for medical use, namely, chemical preparations for treating genetic conditions,
rare diseases and conditions; vermifuges; antibiotics; a full line of chemico-pharmaceutical
preparations for the treatment of human and animal diseases; biological preparations for the treatment of human diseases; a full line of ferments for pharmaceutical purposes; chemical active components for medical use, namely, chemical preparations for treating genetic
conditions, rare diseases and conditions, namely autoimmune, immune, viral, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological,
hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and intestinal, bowel diseases, disorders and conditions; chemical reagents for medical or veterinary purposes; a full line of medical infusions for the treatment of human and animal diseases;
chemico-pharmaceutical preparations for the treatment of human diseases; medicines for the treatment of gum disease, caries,
toothache or wound healing of the gums; ferments for pharmaceutical purposes; a full line of medicines for the
treatment of human diseases; hormones for medical purposes; medical infusions for the treatment of human diseases;
steroids; medicines for the treatment of gum disease, caries, toothache and wound healing of the gums; medicines for the treatment of human diseases; radiological contrast substances for medical purposes; steroid; Medical and surgical apparatus and instruments, namely, orthopedic fixation device used in orthopedic transplant and/or implant
surgery |
FINAL DESCRIPTION |
Nutritional additives for medical purposes in the nature of natural food extracts derived from herbs, fruits, spices, vegetables,
algae, fungi; Nutritional additives for medical purposes in the nature of mineral preparations for medical use, trace-elements for medical purposes, vitamins, micronutrients preparations for the
prevent of autoimmune, immune, viral, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory,
neurological, gastrointestinal, hormonal, dermatological, psychiatric and intestinal, bowel diseases, disorders and conditions; phytopharmaceuticals for the treatment of autoimmune, immune, viral,
metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological, gastrointestinal,
hormonal, dermatological, psychiatric and intestinal, bowel diseases, disorders and conditions; active plant agents; plant extracts for medical purposes; pharmaceutical and veterinary preparations
for the treatment of human diseases; sanitary preparations for medical use; dietetic food, namely, herbs, fruits, spices, vegetables, algae, fungi; dietetic food, namely mineral preparations for
medical purposes, trace-elements for medical purposes, vitamins, micro-nutrients adapted for medical use, food for babies; adjuvants for medical purposes; amino acids for medical purposes;
anaesthetics; analgesics; vermifuges; antibiotics; biological preparations for the treatment of human diseases; chemical active components for medical use, namely, chemical preparations for treating
genetic conditions, rare diseases and conditions, namely autoimmune, immune, viral, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction,
oncological, hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and intestinal, bowel diseases, disorders and conditions; chemical reagents
for medical or veterinary purposes; chemico-pharmaceutical preparations for the treatment of human diseases; ferments for pharmaceutical purposes; hormones for medical purposes; medical infusions for
the treatment of human diseases; medicines for the treatment of gum disease, caries, toothache and wound healing of the gums; medicines for the treatment of human diseases; radiological contrast
substances for medical purposes; steroid; Medical and surgical apparatus and instruments, namely, orthopedic fixation device used in orthopedic transplant and/or implant surgery |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
07882/2019 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
FOREIGN FILING DATE |
06/11/2019 |
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) |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
GOODS AND/OR SERVICES SECTION (010) (current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Surgical, medical, dental and veterinary apparatus and instruments; apparatus, devices and instruments for treating genetic conditions,
rare diseases and conditions; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus,
devices and articles for nursing infants; sexual activity apparatus, devices and articles |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
07882/2019 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
FOREIGN FILING DATE |
06/11/2019 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
GOODS AND/OR SERVICES SECTION (010) (proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Surgical, medical, dental and veterinary apparatus and instruments; Surgical apparatus and instruments; apparatus, devices and instruments for treating genetic conditions, rare diseases and conditions; medical diagnostic apparatus; artificial limbs, eyes and teeth; Surgical apparatus and instruments for
medical or veterinary use; orthopaedic articles; Surgical and medical apparatus and instruments for use in orthopedic
surgery; Medical instruments, namely, orthopedic apparatus and instruments; therapeutic and assistive devices adapted for
the disabled; Medical and surgical apparatus and instruments, namely, orthopedic apparatus and instruments for diagnostic and therapeutic use; apparatus, devices and instruments for treating genetic conditions, rare diseases and conditions, namely autoimmune, immune, viral, metabolic, endocrine, musculoskeletal,
cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and
intestinal, bowel diseases, disorders and conditions; orthopaedic articles, namely, orthopedic devices for diagnostic and therapeutic use; sexual activity apparatus, devices and articles; orthopaedic articles, namely, vertebral orthopedic apparatus; suture materials; therapeutic and assistive devices adapted for the disabled, namely motion sensing apparatus and assisted machines for the
rehabilitation of hands and wrists, feet and ankles, knees, spine affected by neuromuscular diseases, disorders, or injuries for home or clinical use; massage
apparatus; apparatus, devices and articles for nursing infants |
FINAL DESCRIPTION |
Surgical apparatus and instruments; medical diagnostic apparatus; Surgical apparatus and instruments for medical or veterinary use;
Surgical and medical apparatus and instruments for use in orthopedic surgery; Medical instruments, namely, orthopedic apparatus and instruments; Medical and surgical apparatus and instruments,
namely, orthopedic apparatus and instruments for diagnostic and therapeutic use; apparatus, devices and instruments for treating genetic conditions, rare diseases and conditions, namely autoimmune,
immune, viral, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological,
gastrointestinal, hormonal, dermatological, psychiatric and intestinal, bowel diseases, disorders and conditions; orthopaedic articles, namely, orthopedic devices for diagnostic and therapeutic use;
orthopaedic articles, namely, vertebral orthopedic apparatus; suture materials; therapeutic and assistive devices adapted for the disabled, namely motion sensing apparatus and assisted machines for
the rehabilitation of hands and wrists, feet and ankles, knees, spine affected by neuromuscular diseases, disorders, or injuries for home or clinical use; massage apparatus; apparatus, devices and
articles for nursing infants |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
07882/2019 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
FOREIGN FILING DATE |
06/11/2019 |
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) |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
GOODS AND/OR SERVICES SECTION (042) (current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Scientific research, technological development of new products for others; medical research; scientific and industrial research in the
field of biotechnology, biology, rare diseases and conditions, genetic conditions and/or treatments of rare diseases and conditions; industrial research in the field of biomedical and
phytopharmaceutical engineering; services of a pharmaceutical laboratory; pharmaceutical research and development; scientific services, namely, development of drugs, active agents and vaccines;
scientific services, namely, development of food supplements; development and preparation of pharmaceutical preparations and medicines and plant extracts for use in pharmaceutical preparations and
medicines |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
07882/2019 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
FOREIGN FILING DATE |
06/11/2019 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
GOODS AND/OR SERVICES SECTION (042) (proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Scientific research, technological development of new products for others; medical
research; scientific and industrial research in the field of biotechnology, biology, rare diseases and conditions, genetic conditions and/or treatments of rare
diseases and conditions; scientific and industrial research in the fields of biotechnology, biology, rare diseases and conditions, genetic conditions and
treatments of rare diseases and conditions; industrial research in the field of biomedical and phytopharmaceutical engineering; services of a pharmaceutical laboratory; pharmaceutical laboratory services; pharmaceutical research and development;
scientific services, namely, development of drugs, active agents and vaccines; scientific services, namely, development of food supplements;
development and preparation of pharmaceutical preparations and medicines and plant extracts for use in pharmaceutical preparations and medicines; development and preparation of pharmaceuticals and medicines and plant extracts for use in pharmaceutical preparations and medicines |
FINAL DESCRIPTION |
Scientific research, technological development of new products for others; medical research; scientific and industrial research in the
fields of biotechnology, biology, rare diseases and conditions, genetic conditions and treatments of rare diseases and conditions; industrial research in the field of biomedical and
phytopharmaceutical engineering; pharmaceutical laboratory services; pharmaceutical research and development; scientific services, namely, development of drugs, active agents and vaccines; scientific
services, namely, development of food supplements; development and preparation of pharmaceuticals and medicines and plant extracts for use in pharmaceutical preparations and medicines |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
07882/2019 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
FOREIGN FILING DATE |
06/11/2019 |
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) |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
GOODS AND/OR SERVICES SECTION (044) (current) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Consulting on medicines |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
07882/2019 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
FOREIGN FILING DATE |
06/11/2019 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
GOODS AND/OR SERVICES SECTION (044) (proposed) |
INTERNATIONAL CLASS |
044 |
TRACKED TEXT DESCRIPTION |
Consulting on medicines; Consulting on medicines, namely medical
and pharmaceutical consultation |
FINAL DESCRIPTION |
Consulting on medicines, namely medical and pharmaceutical consultation |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
07882/2019 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
FOREIGN FILING DATE |
06/11/2019 |
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) |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
ATTORNEY INFORMATION (current) |
NAME |
Stacey Halpern |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
KNOBBE, MARTENS, OLSON & BEAR, LLP |
STREET |
2040 MAIN STREET, 14TH FLOOR |
CITY |
IRVINE |
STATE |
California |
POSTAL CODE |
92614 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
949-760-0404 |
FAX |
949-760-9502 |
EMAIL |
efiling@knobbe.com |
DOCKET/REFERENCE NUMBER |
EBLM057.001T |
ATTORNEY INFORMATION (proposed) |
NAME |
Stacey Halpern |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
KNOBBE, MARTENS, OLSON & BEAR, LLP |
STREET |
2040 MAIN STREET, 14TH FLOOR |
CITY |
IRVINE |
STATE |
California |
POSTAL CODE |
92614 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
949-760-0404 |
FAX |
949-760-9502 |
EMAIL |
efiling@knobbe.com |
DOCKET/REFERENCE NUMBER |
EBLM057.001T |
CORRESPONDENCE INFORMATION (current) |
NAME |
STACEY HALPERN |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
efiling@knobbe.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
EBLM057.001T |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Stacey Halpern |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
efiling@knobbe.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
EBLM057.001T |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/SRH/ |
SIGNATORY'S NAME |
Stacey Halpern |
SIGNATORY'S POSITION |
Attorney for Applicant, California bar member |
SIGNATORY'S PHONE NUMBER |
949-760-0404 |
DATE SIGNED |
03/09/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Mar 09 21:15:36 ET 2020 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XX-2
0200309211536767323-88468
906-71045a50f1ab9b52f36b0
66385bfda1572fd29c8aa894a
2e5b48cc8cab7ebfd-N/A-N/A
-20200309204426807841 |
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.
88468906 VECTIVBIO(Standard Characters, see http://uspto.report/TM/88468906/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In the Office Action mailed September 10, 2019 the Examining Attorney requested amendments to the goods and services. Applicant has amended its goods and services
as suggested by the Examining Attorney and in accordance with the USPTO’s Acceptable Identification of Goods and Services Manual.
The Examining Attorney also inquired whether Applicant intended to rely on both its expected foreign registration and its bona fide intention to use the mark in
U.S. commerce or just one of these bases. Applicant submits that, for now, it intends to rely on both bases. The foreign registration will be provided once available.
Applicant submits that it has responded to all outstanding issues raised in the Office Action. Should the Examining Attorney require any additional information,
the Examining Attorney is encouraged to contact Applicant’s U.S. counsel, Stacey R. Halpern, Knobbe, Martens, Olson & Bear, LLP, 2040 Main Street, 14th Floor, Irvine, CA 92614,
efiling@knobbe.com.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 001 for Active plant agents and plant extracts for research purposes
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Switzerland application number 07882/2019 filed 06/11/2019]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Switzerland registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Active plant agents and plant extracts for research purposes;
Plant extracts for medical and
pharmaceutical research purposesClass 001 for Plant extracts for medical and pharmaceutical research purposes
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Switzerland application number 07882/2019 filed 06/11/2019]. 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:For all applications: The applicant attaches a copy of [ Switzerland registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Applicant proposes to amend the following:
Current: Class 005 for Nutritional additives for medical purposes in the nature of natural food extracts derived from herbs, fruits, spices, vegetables, algae, fungi or in the nature of
minerals, trace-elements, vitamins, micronutrients; a full line of medicines, particularly phytopharmaceuticals; active plant agents and plant extracts for medical use; a full line of pharmaceutical
and veterinary preparations for the treatment of human and animal diseases; sanitary preparations for medical use; dietetic food, namely, herbs, fruits, spices, vegetables, algae, fungi or in the
nature of minerals, trace-elements, vitamins, micro-nutrients adapted for medical use, food for babies; adjuvants for medical purposes; amino acids for medical purposes; anaesthetics; analgesics;
vermifuges; antibiotics; a full line of biological preparations for the treatment of human and animal diseases; chemical active components for medical use, namely, chemical preparations for treating
genetic conditions, rare diseases and conditions; chemical reagents for medical or veterinary purposes; a full line of chemico-pharmaceutical preparations for the treatment of human and animal
diseases; a full line of ferments for pharmaceutical purposes; hormones for medical purposes; a full line of medical infusions for the treatment of human and animal diseases; medicines for the
treatment of gum disease, caries, toothache or wound healing of the gums; a full line of medicines for the treatment of human diseases; radiological contrast substances for medical purposes;
steroids
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Switzerland application number 07882/2019 filed 06/11/2019]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Switzerland registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Nutritional additives for medical purposes in the nature of natural food extracts derived from herbs, fruits, spices, vegetables,
algae, fungi or in the nature of minerals, trace-elements, vitamins, micronutrients;
Nutritional additives for medical purposes in the nature of natural food
extracts derived from herbs, fruits, spices, vegetables, algae, fungi;
a full line of medicines, particularly phytopharmaceuticals;
Nutritional additives for medical purposes in the nature of mineral preparations for medical use, trace-elements for medical purposes, vitamins, micronutrients preparations for the
prevent of autoimmune, immune, viral, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory,
neurological, gastrointestinal, hormonal, dermatological, psychiatric and intestinal, bowel diseases, disorders and conditions;
active plant agents and plant
extracts for medical use;
phytopharmaceuticals for the treatment of autoimmune, immune, viral, metabolic, endocrine, musculoskeletal, cardiovascular,
cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and intestinal, bowel
diseases, disorders and conditions;
a full line of pharmaceutical and veterinary preparations for the treatment of human and animal diseases;
active plant agents;
plant extracts for medical purposes;
dietetic food, namely, herbs, fruits,
spices, vegetables, algae, fungi or in the nature of minerals, trace-elements, vitamins, micro-nutrients adapted for medical use, food for babies;
pharmaceutical and veterinary preparations for the treatment of human diseases;
sanitary preparations for medical use;
dietetic food, namely, herbs, fruits, spices, vegetables, algae, fungi;
dietetic food, namely mineral preparations for medical purposes,
trace-elements for medical purposes, vitamins, micro-nutrients adapted for medical use, food for babies;
adjuvants for medical purposes;
amino
acids for medical purposes;
anaesthetics;
a full line of biological preparations for the treatment of human and animal
diseases;
analgesics;
chemical active components for medical use, namely, chemical preparations for treating genetic conditions,
rare diseases and conditions;
vermifuges;
antibiotics;
a full line of chemico-pharmaceutical
preparations for the treatment of human and animal diseases;
biological preparations for the treatment of human diseases;
a full line of ferments for pharmaceutical purposes;
chemical active components for medical use, namely, chemical preparations for treating genetic
conditions, rare diseases and conditions, namely autoimmune, immune, viral, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological,
hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and intestinal, bowel diseases, disorders and conditions;
chemical reagents for medical or veterinary purposes;
a full line of medical infusions for the treatment of human and animal diseases;
chemico-pharmaceutical preparations for the treatment of human diseases;
medicines for the treatment of gum disease, caries,
toothache or wound healing of the gums;
ferments for pharmaceutical purposes;
a full line of medicines for the
treatment of human diseases;
hormones for medical purposes;
medical infusions for the treatment of human diseases;
steroids;
medicines for the treatment of gum disease, caries, toothache and wound healing of the gums;
medicines for the treatment of human diseases;
radiological contrast substances for medical purposes;
steroid;
Medical and surgical apparatus and instruments, namely, orthopedic fixation device used in orthopedic transplant and/or implant
surgeryClass 005 for Nutritional additives for medical purposes in the nature of natural food extracts derived from herbs, fruits, spices, vegetables, algae, fungi; Nutritional additives for
medical purposes in the nature of mineral preparations for medical use, trace-elements for medical purposes, vitamins, micronutrients preparations for the prevent of autoimmune, immune, viral,
metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological, gastrointestinal,
hormonal, dermatological, psychiatric and intestinal, bowel diseases, disorders and conditions; phytopharmaceuticals for the treatment of autoimmune, immune, viral, metabolic, endocrine,
musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological,
psychiatric and intestinal, bowel diseases, disorders and conditions; active plant agents; plant extracts for medical purposes; pharmaceutical and veterinary preparations for the treatment of human
diseases; sanitary preparations for medical use; dietetic food, namely, herbs, fruits, spices, vegetables, algae, fungi; dietetic food, namely mineral preparations for medical purposes,
trace-elements for medical purposes, vitamins, micro-nutrients adapted for medical use, food for babies; adjuvants for medical purposes; amino acids for medical purposes; anaesthetics; analgesics;
vermifuges; antibiotics; biological preparations for the treatment of human diseases; chemical active components for medical use, namely, chemical preparations for treating genetic conditions, rare
diseases and conditions, namely autoimmune, immune, viral, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological,
ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and intestinal, bowel diseases, disorders and conditions; chemical reagents for medical or veterinary
purposes; chemico-pharmaceutical preparations for the treatment of human diseases; ferments for pharmaceutical purposes; hormones for medical purposes; medical infusions for the treatment of human
diseases; medicines for the treatment of gum disease, caries, toothache and wound healing of the gums; medicines for the treatment of human diseases; radiological contrast substances for medical
purposes; steroid; Medical and surgical apparatus and instruments, namely, orthopedic fixation device used in orthopedic transplant and/or implant surgery
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Switzerland application number 07882/2019 filed 06/11/2019]. 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:For all applications: The applicant attaches a copy of [ Switzerland registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Applicant proposes to amend the following:
Current: Class 010 for Surgical, medical, dental and veterinary apparatus and instruments; apparatus, devices and instruments for treating genetic conditions, rare diseases and conditions;
artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing
infants; sexual activity apparatus, devices and articles
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Switzerland application number 07882/2019 filed 06/11/2019]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Switzerland registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Surgical, medical, dental and veterinary apparatus and instruments;
Surgical apparatus and
instruments;
apparatus, devices and instruments for treating genetic conditions, rare diseases and conditions;
medical
diagnostic apparatus;
artificial limbs, eyes and teeth;
Surgical apparatus and instruments for medical or veterinary
use;
orthopaedic articles;
Surgical and medical apparatus and instruments for use in orthopedic surgery;
Medical instruments, namely, orthopedic apparatus and instruments;
therapeutic and assistive devices adapted for the
disabled;
Medical and surgical apparatus and instruments, namely, orthopedic apparatus and instruments for diagnostic and therapeutic use;
apparatus, devices and instruments for treating genetic conditions, rare diseases and conditions, namely autoimmune, immune, viral, metabolic, endocrine, musculoskeletal,
cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and
intestinal, bowel diseases, disorders and conditions;
orthopaedic articles, namely, orthopedic devices for diagnostic and therapeutic use;
sexual activity apparatus, devices and articles;
orthopaedic articles, namely, vertebral orthopedic apparatus;
suture materials;
therapeutic and assistive devices adapted for the disabled, namely motion sensing apparatus and assisted machines for the
rehabilitation of hands and wrists, feet and ankles, knees, spine affected by neuromuscular diseases, disorders, or injuries for home or clinical use;
massage
apparatus;
apparatus, devices and articles for nursing infantsClass 010 for Surgical apparatus and instruments; medical diagnostic apparatus; Surgical apparatus and
instruments for medical or veterinary use; Surgical and medical apparatus and instruments for use in orthopedic surgery; Medical instruments, namely, orthopedic apparatus and instruments; Medical and
surgical apparatus and instruments, namely, orthopedic apparatus and instruments for diagnostic and therapeutic use; apparatus, devices and instruments for treating genetic conditions, rare diseases
and conditions, namely autoimmune, immune, viral, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic,
respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and intestinal, bowel diseases, disorders and conditions; orthopaedic articles, namely, orthopedic devices for
diagnostic and therapeutic use; orthopaedic articles, namely, vertebral orthopedic apparatus; suture materials; therapeutic and assistive devices adapted for the disabled, namely motion sensing
apparatus and assisted machines for the rehabilitation of hands and wrists, feet and ankles, knees, spine affected by neuromuscular diseases, disorders, or injuries for home or clinical use; massage
apparatus; apparatus, devices and articles for nursing infants
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Switzerland application number 07882/2019 filed 06/11/2019]. 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:For all applications: The applicant attaches a copy of [ Switzerland registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Applicant proposes to amend the following:
Current: Class 042 for Scientific research, technological development of new products for others; medical research; scientific and industrial research in the field of biotechnology, biology,
rare diseases and conditions, genetic conditions and/or treatments of rare diseases and conditions; industrial research in the field of biomedical and phytopharmaceutical engineering; services of a
pharmaceutical laboratory; pharmaceutical research and development; scientific services, namely, development of drugs, active agents and vaccines; scientific services, namely, development of food
supplements; development and preparation of pharmaceutical preparations and medicines and plant extracts for use in pharmaceutical preparations and medicines
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Switzerland application number 07882/2019 filed 06/11/2019]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Switzerland registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Scientific research, technological development of new products for others;
medical research;
scientific and industrial research in the field of biotechnology, biology, rare diseases and conditions, genetic conditions and/or treatments of rare diseases and conditions;
scientific and industrial research in the fields of biotechnology, biology, rare diseases and conditions, genetic conditions and treatments of rare diseases and
conditions;
industrial research in the field of biomedical and phytopharmaceutical engineering;
services of a pharmaceutical
laboratory;
pharmaceutical laboratory services;
pharmaceutical research and development;
scientific
services, namely, development of drugs, active agents and vaccines;
scientific services, namely, development of food supplements;
development and preparation of pharmaceutical preparations and medicines and plant extracts for use in pharmaceutical preparations and medicines;
development and preparation of pharmaceuticals and medicines and plant extracts for use in pharmaceutical preparations and medicinesClass 042 for Scientific research, technological
development of new products for others; medical research; scientific and industrial research in the fields of biotechnology, biology, rare diseases and conditions, genetic conditions and treatments
of rare diseases and conditions; industrial research in the field of biomedical and phytopharmaceutical engineering; pharmaceutical laboratory services; pharmaceutical research and development;
scientific services, namely, development of drugs, active agents and vaccines; scientific services, namely, development of food supplements; development and preparation of pharmaceuticals and
medicines and plant extracts for use in pharmaceutical preparations and medicines
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Switzerland application number 07882/2019 filed 06/11/2019]. 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:For all applications: The applicant attaches a copy of [ Switzerland registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Applicant proposes to amend the following:
Current: Class 044 for Consulting on medicines
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Switzerland application number 07882/2019 filed 06/11/2019]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Switzerland registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Consulting on medicines;
Consulting on medicines, namely medical and pharmaceutical
consultationClass 044 for Consulting on medicines, namely medical and pharmaceutical consultation
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Switzerland application number 07882/2019 filed 06/11/2019]. 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:For all applications: The applicant attaches a copy of [ Switzerland registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Dikean Management AG, a corporation of Switzerland, having an address of
c/o Therachon AG Aeschenvorstadt 36
Basel, 4051
Switzerland
Proposed: Dikean Management AG, a corporation of Switzerland, having an address of
c/o Therachon AG
Aeschenvorstadt 36
Basel, 4051
Switzerland
Email Address: tmoffice@knobbe.com
The owner's/holder's current attorney information: Stacey Halpern. Stacey Halpern of KNOBBE, MARTENS, OLSON & BEAR, LLP, is located at
2040 MAIN STREET, 14TH FLOOR
IRVINE, California 92614
United States
The docket/reference number is EBLM057.001T.
The phone number is 949-760-0404.
The fax number is 949-760-9502.
The email address is efiling@knobbe.com
The owner's/holder's proposed attorney information: Stacey Halpern. Stacey Halpern of KNOBBE, MARTENS, OLSON & BEAR, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar
membership no. XXX, is located at
2040 MAIN STREET, 14TH FLOOR
IRVINE, California 92614
United States
The docket/reference number is EBLM057.001T.
The phone number is 949-760-0404.
The fax number is 949-760-9502.
The email address is efiling@knobbe.com
Stacey Halpern 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):
STACEY HALPERN
PRIMARY EMAIL FOR CORRESPONDENCE: efiling@knobbe.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is EBLM057.001T.
Correspondence Information (proposed):
Stacey Halpern
PRIMARY EMAIL FOR CORRESPONDENCE: efiling@knobbe.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is EBLM057.001T.
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: /SRH/ Date: 03/09/2020
Signatory's Name: Stacey Halpern
Signatory's Position: Attorney for Applicant, California bar member
Signatory's Phone Number: 949-760-0404
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: STACEY HALPERN
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 MAIN STREET, 14TH FLOOR
IRVINE, California 92614
Mailing Address: Stacey Halpern
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 MAIN STREET, 14TH FLOOR
IRVINE, California 92614
Serial Number: 88468906
Internet Transmission Date: Mon Mar 09 21:15:36 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2020030921153676
7323-88468906-71045a50f1ab9b52f36b066385
bfda1572fd29c8aa894a2e5b48cc8cab7ebfd-N/
A-N/A-20200309204426807841