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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88668951 DERMAVEDA(Standard Characters, see http://uspto.report/TM/88668951/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Applicant attaches hereto its Response to Non-Final Action with attached Exhibit 1 through 16. Applicant amends its description of services.
Original PDF file:
evi_6520781162-2020101914 4352532247_._FINAL_RESPON SE.docx.pdf
Converted PDF file(s) ( 32 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_1_De rmveda_find_my_skin_type.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_2_De rmveda_online_skin_test.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_3_De rmveda__selling_by_mobile _phone_Android.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_4_De rmveda_-_Our_Mission___De rmveda.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_5___ 47_records_with_skin_ic44 _derm_and_skin.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_6_Si xteen_live_records_live_0 44_skin_IC_044.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_7_-_ Good_Derm_NOA.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_8__I nDerm.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_9_-_ FutureDerm.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_10_F irst_Derm.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_11_D P_Derm.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_12_D erm_skin_care_support.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_13_V ero_Derm.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_14_O TC_Derm.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_15__ Serial_87196946.pdf
Converted PDF file(s) ( 9 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9
Original PDF file:
evi_6520781162-2020101914 4352532247_._Exhibit_16_D isclaimer_87196946.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 044 for Medical analysis services for diagnostic and treatment purposes provided by medical laboratories, namely, diagnostic laboratory tests physicians in the dermatology or dermatopathology specialty, molecular diagnostic tests for skin and soft tissue infections by Real-Time PCR, traditional pathology testing of biopsy specimens, nail analysis for fungal pathogens by both molecular analysis Real-Time PCR),pathology, immunohistochemistry testing for skin biopsies, genetic testing for hereditary genetics and tumor analysis, and pharmacogenomic testing
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.


Proposed:

Tracked Text Description: Medical analysis services for diagnostic and treatment purposes provided by medical laboratories, namely, diagnostic laboratory tests physicians in the dermatology or dermatopathology specialty, molecular diagnostic tests for skin and soft tissue infections by Real-Time PCR, traditional pathology testing of biopsy specimens, nail analysis for fungal pathogens by both molecular analysis Real-Time PCR),pathology, immunohistochemistry testing for skin biopsies, genetic testing for hereditary genetics and tumor analysis, and pharmacogenomic testing; Medical analysis services for diagnostic and treatment purposes namely diagnostic laboratory tests for physicians and hospitals in the dermatology or dermatopathology specialty, molecular diagnostic tests for skin and soft tissue infections by Real-Time PCR, traditional pathology testing of biopsy specimens, nail analysis for fungal pathogens by both molecular analysis Real-Time PCR, and pathology, immunohistochemistry testing for skin biopsies, genetic testing for hereditary genetics and tumor analysis, and pharmacogenomic testingClass 044 for Medical analysis services for diagnostic and treatment purposes namely diagnostic laboratory tests for physicians and hospitals in the dermatology or dermatopathology specialty, molecular diagnostic tests for skin and soft tissue infections by Real-Time PCR, traditional pathology testing of biopsy specimens, nail analysis for fungal pathogens by both molecular analysis Real-Time PCR, and pathology, immunohistochemistry testing for skin biopsies, genetic testing for hereditary genetics and tumor analysis, and pharmacogenomic testing
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.
Correspondence Information (current):
      Arnold Braun
      PRIMARY EMAIL FOR CORRESPONDENCE: abraun@mdlab.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): abraun@mdlab.com; ipmailgroup@genesisbiotechnologygroup.com

The docket/reference number is T-186.
Correspondence Information (proposed):
      Arnold Braun
      PRIMARY EMAIL FOR CORRESPONDENCE: abraun@mdlab.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): abraun@mdlab.com; ipmailgroup@genesisbiotechnologygroup.com

The docket/reference number is T-186.

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: /Arnold Braun/     Date: 10/19/2020
Signatory's Name: Arnold Braun
Signatory's Position: Associate General Counsel

Signatory's Phone Number: 6095286177

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:    Arnold Braun
   GENESIS BIOTECHNOLOGY GROUP
   2439 KUSER ROAD
   2439 KUSER ROAD
   HAMILTON, New Jersey 08690
Mailing Address:    Arnold Braun
   GENESIS BIOTECHNOLOGY GROUP
   2439 KUSER ROAD
   2439 KUSER ROAD
   HAMILTON, New Jersey 08690
        
Serial Number: 88668951
Internet Transmission Date: Mon Oct 19 14:59:44 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20201019145944457
501-88668951-7503d2b668b3db2de5667d3d09e
4c89ade1d2b16f3538f737c472aecd1dc19-N/A-
N/A-20201019144352532247