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. 88745803 B BIOMIC (Stylized and/or with Design, see http://uspto.report/TM/88745803/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 005 for (Based on Intent to Use) Adhesives for dentures; Composite materials for dental and dental technical purposes; Dental adhesives; Dental composite materials; Dental porcelain materials; Fixing materials for dental purposes; Porcelain for dental prostheses; Material for tooth crowns and tooth bridges for dental and dental technical purposes; Materials for tooth restoration(Based on 44(d) Priority Application) Adhesives for dentures; Composite materials for dental and dental technical purposes; Dental adhesives; Dental composite materials; Dental porcelain materials; Fixing materials for dental purposes; Porcelain for dental prostheses; Material for tooth crowns and tooth bridges for dental and dental technical purposes; Materials for tooth restoration
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[ China application number 42839688 filed 12/05/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 005 for (Based on Intent to Use) Adhesives for dentures; Composite materials for dental and dental technical purposes; Dental adhesives; Dental composite materials; Dental porcelain materials; Fixing materials for dental purposes; Porcelain for dental prostheses; Material for tooth crowns and tooth bridges for dental and dental technical purposes; Materials for tooth restoration(Based on 44(d) Priority Application) Adhesives for dentures; Composite materials for dental and dental technical purposes; Dental adhesives; Dental composite materials; Dental porcelain materials; Fixing materials for dental purposes; Porcelain for dental prostheses; Material for tooth crowns and tooth bridges for dental and dental technical purposes; Materials for tooth restoration
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 [ China application number 42839688 filed 12/05/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Aidite (Qinhuangdao) Technology Co., Ltd. a(n) limited company (ltd.), legally organized under the laws of China, having an address of

            No. 9 Dushan Road      Economic and Technology Development Zone
      Qinhuangdao City, HebeiProv
      China

Proposed: Aidite (Qinhuangdao) Technology Co., Ltd., limited company (ltd.) legally organized under the laws of China, having an address of
      No. 9 Dushan Road
      Economic and Technology Development Zone
      Qinhuangdao City, HebeiProv
      China
      Email Address: XXXX
Correspondence Information (current):
      JOHN C. CAIN
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fleckman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 5118-004US.
Correspondence Information (proposed):
      John C. Cain
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fleckman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cain@fleckman.com

The docket/reference number is 5118-004US.

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).

ADDITIONAL STATEMENTS
Miscellaneous Statement
In the Office Action dated February 2, 2020, the Examining Attorney requested the translation of the word "Biomic". Applicant states that the word "Biomic" is a coined term with no English translation. Applicant states that it will not rely on Section 44(e) as a basis for registration and elects to proceed only based on Section 1(b) intent-to-use. The statement and amendment set forth above are believed to fully address the Examining Attorney's concerns and the application is believed to be in condition for publication, which action is respectfully requested. If a telephone conference would assist in resolving any additional issues, the Examining Attorney is requested to contact the undersigned attorney at (713) 722-0120. No fees are believed due in connection with this response.


SIGNATURE(S)
Response Signature
Signature: /John C. Cain/     Date: 05/20/2020
Signatory's Name: John C. Cain
Signatory's Position: Attorney of Record, Texas bar member

Signatory's Phone Number: 713-722-0120

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:    JOHN C. CAIN
   FLECKMAN & MCGLYNN, PLLC
   
   8945 LONG POINT ROAD, SUITE 120
   HOUSTON, Texas 77055
Mailing Address:    John C. Cain
   FLECKMAN & MCGLYNN, PLLC
   8945 LONG POINT ROAD, SUITE 120
   HOUSTON, Texas 77055
        
Serial Number: 88745803
Internet Transmission Date: Wed May 20 09:38:03 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202005200938036
31846-88745803-7101af98727547f12e65d26c3
38a6c4948b3c74df4cc7c66e47c4789e6e81-N/A
-N/A-20200520093248486932