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)

---

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. 88778016 CORTEX(Standard Characters, see http://uspto.report/TM/88778016/mark.png) has been amended as follows:

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

The Examining Attorney rejected the application over an alleged likelihood of confusion with the mark AC ADRENAL CORTEX. Applicant respectfully argues that the rejection is improper. The cited mark includes elements that are not present in the applied-for mark, namely AC ADRENAL. The term ADRENAL relates to the adrenal glands, which produce vital hormones. Since the registered mark is for use with supplements, the commercial impression is that the supplements are related to adrenal hormones. The applied-for mark includes no such reference to anything related to the adrenal glands and therefore has a very different commercial impression. Moreover, the term common to both marks, "CORTEX" is used in the phrase "ADRENAL CORTEX" in the registered mark. The adrenal cortex is a part of the adrenal glands. Since the phrase in the registered mark describes a part of the body, the Registrant cannot have rights to "ADRENAL CORTEX." The fact that "CORTEX" is a human organ, in the context of the Registered mark, means that it is a weak indicator of source and should not be held to apply to the applied-for mark. For at least these reasons, Applicant argues that there is no likelihood of confusion. The Examining Attorney further requested information about the product associated with the mark. Since the application was filed as an Intent to Use application, there is no product and hence no information. However, Applicant can state that plans are in the works for developing powdered supplements and ready to drink beverages under the name CORTEX. Applicant states for the record that the goods do not target the outer portion of the adrenal glands that produce cortisol and aldosterone. The goods are not marketed as supplements for the adrenal cortex or any other cortex.
Correspondence Information (current):
      Frank Massabki
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@vpxsports.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gideon.eckhouse@vpxsports.com
Correspondence Information (proposed):
      Frank Massabki
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@vpxsports.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gideon.eckhouse@vpxsports.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: /Gideon Eckhouse/     Date: 10/21/2020
Signatory's Name: Gideon Eckhouse
Signatory's Position: Chief IP Counsel

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:    Frank Massabki
   Vital Pharmaceuticals, Inc.
   
   1600 North Park Drive
   Weston, Florida 33326
Mailing Address:    Frank Massabki
   Vital Pharmaceuticals, Inc.
   1600 North Park Drive
   Weston, Florida 33326
        
Serial Number: 88778016
Internet Transmission Date: Wed Oct 21 16:01:17 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20201021160117122787-88778016-
750e7e4d1cc6255b9882862f557d451f75677332
1b33cb8db1daa942beb12eb7f0-N/A-N/A-20201
021154711585489