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. 88751607 LIVIMMUNE(Standard Characters, see http://uspto.report/TM/88751607/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In response to the Office Action dated March 28, 2020, the applicant has amended the goods and services to address the Examiner's objections, below. If any issues or questions remain, the Examiner is encouraged to contact the undersigned Attorney of Record at JaredB@SeedIP.com or 206.694.4870. Thank you.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Therapeutic preparations; therapeutic preparations, namely, antibodies for use in targeting the CCR5 cell receptor; therapeutic preparations for the treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis
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: Therapeutic preparations; Therapeutic preparations, namely, antibodies for use in targeting the CCR5 cell receptor; therapeutic preparations for the treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis, immune system related diseases and disorders, respiratory diseases and disorders, COVID-19; therapeutic preparations for the treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis; therapeutic preparations for the prevention of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis, immune system related diseases and disorders, respiratory diseases and disorders, COVID-19Class 005 for Therapeutic preparations, namely, antibodies for use in targeting the CCR5 cell receptor; therapeutic preparations for the treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis, immune system related diseases and disorders, respiratory diseases and disorders, COVID-19; therapeutic preparations for the prevention of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis, immune system related diseases and disorders, respiratory diseases and disorders, COVID-19
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.

Applicant proposes to amend the following:

Current:
Class 042 for Scientific research consulting services; scientific research consulting services in the field of antibodies for use in targeting the CCR5 cell receptor; scientific research consulting services in the field of therapeutic agents, preparations and substances for the treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis; medical research and analysis services; medical research and analysis services in the field of antibodies for use in targeting the CCR5 cell receptor; medical research and analysis services in the field of therapeutic agents, preparations and substances for the treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis
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: Scientific research consulting services; Scientific research consulting services in the field of immunology; scientific research consulting services in the field of antibodies for use in targeting the CCR5 cell receptor; scientific research consulting services in the field of therapeutic agents, preparations and substances for the treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis; scientific research consulting services in the field of therapeutic agents, preparations and substances for the prevention and/or treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis, immune system related diseases and disorders, respiratory diseases and disorders, COVID-19; medical research and analysis services; medical research services; medical research and analysis services in the field of antibodies for use in targeting the CCR5 cell receptor; medical research and medical analysis services in the field of antibodies for use in targeting the CCR5 cell receptor; medical research and analysis services in the field of therapeutic agents, preparations and substances for the treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis; medical research and analysis services in the field of therapeutic agents, preparations and substances for the prevention and/or treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis, immune system related diseases and disorders, respiratory diseases and disorders, COVID-19Class 042 for Scientific research consulting services in the field of immunology; scientific research consulting services in the field of antibodies for use in targeting the CCR5 cell receptor; scientific research consulting services in the field of therapeutic agents, preparations and substances for the prevention and/or treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis, immune system related diseases and disorders, respiratory diseases and disorders, COVID-19; medical research services; medical research and medical analysis services in the field of antibodies for use in targeting the CCR5 cell receptor; medical research and analysis services in the field of therapeutic agents, preparations and substances for the prevention and/or treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis, immune system related diseases and disorders, respiratory diseases and disorders, COVID-19
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.

Applicant proposes to amend the following:

Current:
Class 044 for Providing health and medical information; providing a website featuring health and medical information; providing a website featuring information in the field of antibodies for use in targeting the CCR5 cell receptor; providing a website featuring information in the field of therapeutic agents, preparations and substances for treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis
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: Providing health and medical information; providing a website featuring health and medical information; providing a website featuring medical information; providing a website featuring information in the field of antibodies for use in targeting the CCR5 cell receptor; providing a website featuring information in the field of therapeutic agents, preparations and substances for treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis; providing health and medical information, namely, providing a website featuring information in the field of therapeutic agents, preparations and substances for the prevention and/or treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis, immune system related diseases and disorders, respiratory diseases and disorders, COVID-19Class 044 for Providing health and medical information; providing a website featuring medical information; providing a website featuring information in the field of antibodies for use in targeting the CCR5 cell receptor; providing health and medical information, namely, providing a website featuring information in the field of therapeutic agents, preparations and substances for the prevention and/or treatment of HIV, cancer, graft-versus-host disease, autoimmune diseases, nonalcoholic steatohepatitis, immune system related diseases and disorders, respiratory diseases and disorders, COVID-19
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: CytoDyn Inc., a corporation of Delaware, having an address of

            Suite 660      1111 Main Street
      Vancouver, Washington 98660
      United States

Proposed: CytoDyn Inc., a corporation of Delaware, having an address of
      Suite 660
      1111 Main Street
      Vancouver, Washington 98660
      United States
      Email Address: XXXX
Correspondence Information (current):
      JARED M. BARRETT
      PRIMARY EMAIL FOR CORRESPONDENCE: USTM.DOCKETING@SEEDIP.COM
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 230042.205.
Correspondence Information (proposed):
      Jared M. Barrett
      PRIMARY EMAIL FOR CORRESPONDENCE: USTM.DOCKETING@SEEDIP.COM
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 230042.205.

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: /Jared M. Barrett/     Date: 04/21/2020
Signatory's Name: Jared M. Barrett
Signatory's Position: Attorney of Record, Washington state bar member

Signatory's Phone Number: 206-622-4900

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:    JARED M. BARRETT
   SEED IP LAW GROUP LLP
   
   701 FIFTH AVENUE, SUITE 5400
   SEATTLE, Washington 98104
Mailing Address:    Jared M. Barrett
   SEED IP LAW GROUP LLP
   701 FIFTH AVENUE, SUITE 5400
   SEATTLE, Washington 98104
        
Serial Number: 88751607
Internet Transmission Date: Tue Apr 21 15:00:44 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202004211500444
75174-88751607-710ee1179db1236aed44a918c
daf41f3a84085d718b50f05f7499db7e25175-N/
A-N/A-20200421140356452257