TEAS Response to Suspension Inquiry

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1822 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1822 (Rev 10/2011)

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

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88482082 KNOTBODY(Standard Characters, see http://uspto.report/TM/88482082/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 88267886 and 88267875 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).

ARGUMENT(S)

The undersigned wishes to thank Examining Attorney Ervin for the courtesy of discussing the amendment proposed herein via email exchange on March 17, 2020. 

 

As we discussed, the above amendment to the goods description in class 1 is believed to overcome any likelihood of confusion with the cited BODI marks (BODI (stylized), App. No. 88267886 and BODI, App. No. 88267875) and our client’s KNOTBODY.  

 

In view of the above, Applicant respectfully requests withdrawal of the suspension and approval of the application for publication.  In the event that further prosecution is needed and can be accomplished via a telephone conference, the Examining Attorney is encouraged to contact Applicant’s attorney, Thomas D. Bratschun at 303-268-0066.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Chemicals for use in industry and science; biochemicals, namely, polypeptides and antibodies for scientific, laboratory or research purposes; biochemicals, namely, polypeptides and antibodies for use in the manufacture of pharmaceuticals and drugs; biochemicals, namely, ion channel blocking antibodies for scientific, laboratory or research purposes; biochemicals, namely, ion channel blocking antibodies for use in the manufacture of pharmaceuticals and drugs; biochemicals, namely, antibodies derived from mini-protein toxins for scientific, laboratory or research purposes; biochemicals, namely, antibodies derived from mini-protein toxins for use in the manufacture of pharmaceuticals and drugs
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Applicant has made of record the following information concerning a foreign application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [European Union Trademark - EUTM application number 018037711 filed 03/19/2019].

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ European Union Trademark - EUTM registration number 018037711 registered 08/10/2019 with a renewal date of __________ and an expiration date of 03/19/2029 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed:
Tracked Text Description: Chemicals for use in industry and science; Chemicals for use in industry and science, excluding nanomaterial-based chemicals; biochemicals, namely, polypeptides and antibodies for scientific, laboratory or research purposes; biochemicals, namely, polypeptides and antibodies for use in the manufacture of pharmaceuticals and drugs; biochemicals, namely, ion channel blocking antibodies for scientific, laboratory or research purposes; biochemicals, namely, ion channel blocking antibodies for use in the manufacture of pharmaceuticals and drugs; biochemicals, namely, antibodies derived from mini-protein toxins for scientific, laboratory or research purposes; biochemicals, namely, antibodies derived from mini-protein toxins for use in the manufacture of pharmaceuticals and drugsClass 001 for Chemicals for use in industry and science, excluding nanomaterial-based chemicals; biochemicals, namely, polypeptides and antibodies for scientific, laboratory or research purposes; biochemicals, namely, polypeptides and antibodies for use in the manufacture of pharmaceuticals and drugs; biochemicals, namely, ion channel blocking antibodies for scientific, laboratory or research purposes; biochemicals, namely, ion channel blocking antibodies for use in the manufacture of pharmaceuticals and drugs; biochemicals, namely, antibodies derived from mini-protein toxins for scientific, laboratory or research purposes; biochemicals, namely, antibodies derived from mini-protein toxins for use in the manufacture of pharmaceuticals and drugs
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Applicant has made of record the following information concerning a foreign application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [European Union Trademark - EUTM application number 018037711 filed 03/19/2019].

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [ European Union Trademark - EUTM registration number 018037711 registered 08/10/2019 with a renewal date of __________ and an expiration date of 03/19/2029 ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.


APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Iontas Ltd a(n) limited company (ltd.), legally organized under the laws of United Kingdom, having an address of
      82b High Street
      Sawston,Cambridgeshire, CB223HJ
      United Kingdom
Proposed: Iontas Ltd, limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      82b High Street
      Sawston,Cambridgeshire, CB223HJ
      United Kingdom
      Email Address: mail@mewburn.com
Correspondence Information (current):
      Thomas D. Bratschun
      PRIMARY EMAIL FOR CORRESPONDENCE: efs@adseroip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 0206.001-TM.
Correspondence Information (proposed):
      Thomas D. Bratschun
      PRIMARY EMAIL FOR CORRESPONDENCE: efs@adseroip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 0206.001-TM.

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

Response Suspension Inquiry Signature
Signature: /TD Bratschun/     Date: 03/19/2020
Signatory's Name: Thomas D. Bratschun
Signatory's Position: Attorney of Record, Colorado Bar Member
Signatory's Phone Number: 303-268-0066

Mailing Address:    Thomas D. Bratschun
   ADSERO IP
   
   8210 SOUTHPARK TERRACE
   LITTLETON, Colorado
Mailing Address:    Thomas D. Bratschun
   ADSERO IP
   8210 SOUTHPARK TERRACE
   LITTLETON, Colorado 80120
        
Serial Number: 88482082
Internet Transmission Date: Thu Mar 19 14:16:36 ET 2020
TEAS Stamp: USPTO/RSI-XXX.XX.XXX.X-20200319141636893
018-88482082-710ba123aa48d8815fa79c812e0
c26b02572ccbc2e0bfb2f0ba94c922e5806467-N
/A-N/A-20200319132102887853