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. 88705285 SKY (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8870528 5/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for Sale of private label pharmaceutical products to acute care, long-term care, institutional, clinic, independent, and specialty pharmacies
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: Sale of private label pharmaceutical products to acute care, long-term care, institutional, clinic, independent, and specialty pharmacies; Distributorship services, wholesale distributorships featuring private label pharmaceutical products sold to acute care, long-term care, institutional, clinic, independent, and specialty pharmaciesClass 035 for Distributorship services, wholesale distributorships featuring private label pharmaceutical products sold to acute care, long-term care, institutional, clinic, independent, and specialty pharmacies
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: McKesson Corporation, a corporation of Delaware, having an address of
      6535 North State Highway 161
      Irving, Texas 75039
      United States

Proposed: McKesson Corporation, a corporation of Delaware, having an address of
      6535 North State Highway 161
      Irving, Texas 75039
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the word "SKY" depicted in the color blue, enclosed within a white square shape with a blue border, and a stylized design of the sun depicted in the color blue displayed in the top right hand corner of the square shape.

Miscellaneous Statement
Per the USPTO's January 16, 2020 Office Action, Applicant's amendment to the identification of services in Int. Cl. 35 addresses and overcomes the initial refusal that the services originally recited in Int. Cl. 35 are not registrable services as contemplated by the Trademark Act.

Correspondence Information (current):
      AUMA N. REGGY
      PRIMARY EMAIL FOR CORRESPONDENCE: legal.trademarks@mckesson.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): auma.reggy@mckesson.com
Correspondence Information (proposed):
      Auma N. Reggy
      PRIMARY EMAIL FOR CORRESPONDENCE: legal.trademarks@mckesson.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): auma.reggy@mckesson.com

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: /anr/     Date: 07/13/2020
Signatory's Name: Auma N. Reggy
Signatory's Position: Chief Trademark Counsel, Attorney of Record, Georgia Bar member

Signatory's Phone Number: (404) 461-5216

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:    AUMA N. REGGY
   MCKESSON CORPORATION
   
   2 NATIONAL DATA PLAZA, NE
   ATLANTA, Georgia 30329
Mailing Address:    Auma N. Reggy
   MCKESSON CORPORATION
   2 NATIONAL DATA PLAZA, NE
   ATLANTA, Georgia 30329
        
Serial Number: 88705285
Internet Transmission Date: Mon Jul 13 21:13:48 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200713211348566918-88705285-7
40baa9a1c573db1a0815a30bf5cda9a1e66e4bcd
cd182e4351926fea1c9b-N/A-N/A-20200713210
640675242