Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88472027 VYZAZRI(Standard Characters, see http://uspto.report/TM/88472027/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceutical preparations for the treatment of cancer
Original Filing Basis:
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[ Benelux application number 1395916 filed 05/17/2019]. 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 [ Benelux registration number 1395916 registered 05/20/2019 with a renewal date of __________ and an expiration date of 05/17/2029 ], 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: Class 005 for Pharmaceutical preparations for the treatment of cancer
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 [ Benelux application number 1395916 filed 05/17/2019]. 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 [ Benelux registration number 1395916 registered 05/20/2019 with a renewal date of __________ and an expiration date of 05/17/2029 ], 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.
Original PDF file:
FRU0-6412422226-132243329_._3599-153HOME.pdf
Converted PDF file(s) ( 1 page)
Foreign Registration-1

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

The applicant's current attorney information: E. Anthony Figg. E. Anthony Figg of ROTHWELL, FIGG, ERNST & MANBECK, PC, is located at

      SUITE 800
      607 14TH STREET NW
      WASHINGTON, District of Columbia 20005
      US
The docket/reference number is 3599-153.

The phone number is 202-783-6040.

The fax number is 202-783-6031.

The email address is PTO-TM-Email@rfem.com

The applicants proposed attorney information: E. Anthony Figg. Other appointed attorneys are Leo M. Loughlin, Davide Schiavetti. E. Anthony Figg of ROTHWELL, FIGG, ERNST & MANBECK, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 800
      607 14TH STREET NW
      WASHINGTON, District of Columbia 20005
      United States
The docket/reference number is 3599-153.

The phone number is 202-783-6040.

The fax number is 202-783-6031.

The email address is PTO-TM-Email@rfem.com

E. Anthony Figg submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: E. ANTHONY FIGG. E. ANTHONY FIGG of ROTHWELL, FIGG, ERNST & MANBECK, PC, is located at

      SUITE 800
      607 14TH STREET NW
      WASHINGTON, District of Columbia 20005
      US
The docket/reference number is 3599-153.

The phone number is 202-783-6040.

The fax number is 202-783-6031.

The email address is PTO-TM-Email@rfem.com

The applicants proposed correspondence information: E. Anthony Figg. E. Anthony Figg of ROTHWELL, FIGG, ERNST & MANBECK, PC, is located at

      SUITE 800
      607 14TH STREET NW
      WASHINGTON, District of Columbia 20005
      United States
The docket/reference number is 3599-153.

The phone number is 202-783-6040.

The fax number is 202-783-6031.

The email address is PTO-TM-Email@rfem.com

SIGNATURE(S)
Response Signature
Signature: /Leo M. Loughlin/     Date: 09/09/2019
Signatory's Name: Leo M. Loughlin
Signatory's Position: Attorney of record, DC bar member

Signatory's Phone Number: 202-783-6040

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:    E. ANTHONY FIGG
   ROTHWELL, FIGG, ERNST & MANBECK, PC
   SUITE 800
   607 14TH STREET NW
   WASHINGTON, District of Columbia 20005
Mailing Address:    E. Anthony Figg
   ROTHWELL, FIGG, ERNST & MANBECK, PC
   SUITE 800
   607 14TH STREET NW
   WASHINGTON, District of Columbia 20005
        
Serial Number: 88472027
Internet Transmission Date: Mon Sep 09 13:46:09 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019090913460982
3736-88472027-610b2117fb9b57b78daef5d16f
b7a2617ad47094b83bb3d80a483479d7bfc68-N/
A-N/A-20190909132243329503