TEAS Request Reconsideration after FOA

PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88749354 TEVA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8874935 4/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 001 for Bulk pharmaceutical chemicals and fine chemicals for use in the manufacture of pharmaceuticals; chemicals and chemical preparations for use in the manufacture of pharmaceuticals
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.

In International Class 001, the mark was first used at least as early as 02/28/2018 and first used in commerce at least as early as 02/28/2018.


Proposed:
Class 001 for Bulk pharmaceutical chemicals and fine chemicals for use in the manufacture of pharmaceuticals; chemicals and chemical preparations for use in the manufacture of pharmaceuticals

Deleted Filing Basis: 1(b)
In International Class 001, the mark was first used at least as early as 02/28/2018 . and first used in commerce at least as early as 02/28/2018 .

Applicant hereby submits one(or more) specimen(s) for Class 001. The specimen(s) submitted consists of Redacted image of a shipping label showing mark in use with the covered goods..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-3810821634-202103091 30842410344_._Shipping_La bel_-_Specimen__F3943832x 96B9E_.pdf
Converted PDF file(s) ( 1 page) Specimen File1


Webpage URL: None Provided
Webpage Date of Access: None Provided

ADDITIONAL STATEMENTS
Miscellaneous Statement
The specimen submitted herewith came into existence after September 10, 2020, the filing date of the Allegation of Use, but has an appearance that is identical to that of other specimens that existed as of September 10, 2020 (other than the information relating to the date of manufacture).

Correspondence Information (current):
      Lawrence E. Apolzon
      PRIMARY EMAIL FOR CORRESPONDENCE: Apolzon-Docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Laurence.Rickles@tevapharm.com; Becker-docket@fzlz.com

The docket/reference number is TPM 2100413.
Correspondence Information (proposed):
      Lawrence E. Apolzon
      PRIMARY EMAIL FOR CORRESPONDENCE: Apolzon-Docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Laurence.Rickles@tevapharm.com; Becker-docket@fzlz.com

The docket/reference number is TPM 2100413.

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)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /laurencerickles/      Date: 03/10/2021
Signatory's Name: Laurence Rickles
Signatory's Position: Sr. Director, Chief Trademark Counsel
Signature method: Sent to third party for signature

Request for Reconsideration Signature
Signature: /RAB/     Date: 03/10/2021
Signatory's Name: Robert A. Becker
Signatory's Position: Attorney for Applicant, Fross Zelnick Lehrman & Zissu, P.C., New York State Bar
Signature method: Sent to third party for signature

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Lawrence E. Apolzon
   Fross Zelnick Lehrman & Zissu, P.C.
   
   151 West 42nd St., 17th Fl.
   New York, New York 10036
Mailing Address:    Lawrence E. Apolzon
   Fross Zelnick Lehrman & Zissu, P.C.
   151 West 42nd St., 17th Fl.
   New York, New York 10036
        
Serial Number: 88749354
Internet Transmission Date: Wed Mar 10 15:18:36 ET 2021
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2021031015183608
3475-88749354-770215d716a9a3bbfb58b6321b
17fa058be9d10d88d32f1df71f6a0a7af4723176
f-N/A-N/A-20210310104958055985