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. 88849425 ULTRA(Standard Characters, see http://uspto.report/TM/88849425/mark.png) has been amended as follows:

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

Please reexamine the above-identified application in view of the following amendments and remarks.

The Examining Attorney has requested that the identification of goods and services be amended for clarification. The Applicant appreciates the proffered suggestions and respectfully adopts the following identification:

Hyaluronic acid gels for cosmetic purposes, in International Class 003; and

Injectable dermal fillers, in International Class 005.

The Applicant believes that this amended description serves to clarify and limit, rather than expand upon the present identification. Further, it is believed that the identification of services is sufficiently specific to allow the Examining Attorney or third parties to reach judgment regarding possible conflicts. Lastly, it is clear, accurate and concise, as required under TMEP § 804.01.

The government filing fee in the amount of $275 to cover the additional class is being submitted herewith.

REMARKS

The Office Action dated June 3, 2020 has been fully considered by the Applicant.

The Examining Attorney’s finding that there are no registered trademarks or pending applications that would bar registration under Section 2(d) is gratefully acknowledged.

As requested, the Applicant has amended the identification of goods as suggested and to clarify the number of classes for which registration is sought, and thus, the classification has been amended to both International Classes 3 and 5. Accordingly, the Applicant submits the fee for an additional class.

Having addressed the concerns of the Examining Attorney, the Applicant respectfully requests that the refusal to register be withdrawn and that the mark be approved for publication in the Official Gazette. If any issues remain, a telephone conference with the Examining Attorney is respectfully requested.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Hyaluronic acid gels for cosmetic purposes; injectable dermal fillers
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: Hyaluronic acid gels for cosmetic purposes; injectable dermal fillersClass 003 for Hyaluronic acid gels for cosmetic purposes
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 hereby adds the following class of goods/services to the application:
New: Class 005 for Injectable dermal fillers
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.

The owner's/holder's current attorney information: Mark G. Kachigian. Mark G. Kachigian of HEAD, JOHNSON, KACHIGIAN & WILKINSON, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      228 WEST 17TH PLACE
      TULSA, Oklahoma 74119
      United States
The docket/reference number is RID620/20076.
      The phone number is 918-587-2000.
      The fax number is 918-584-1718.
      The email address is mkachigian@hjkwlaw.com

The owner's/holder's proposed attorney information: Mark G. Kachigian. Other appointed attorneys are Cassandra L. Wilkinson and Nicole Greer. Mark G. Kachigian of HEAD, JOHNSON, KACHIGIAN & WILKINSON, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      7134 South Yale Avenue, Suite 440
      TULSA, Oklahoma 74136
      United States
The docket/reference number is RID620/20076.
      The phone number is 918-587-2000.
      The email address is mkachigian@hjkwlaw.com

Mark G. Kachigian submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      MARK G. KACHIGIAN
      PRIMARY EMAIL FOR CORRESPONDENCE: mkachigian@hjkwlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is RID620/20076.
Correspondence Information (proposed):
      Mark G. Kachigian
      PRIMARY EMAIL FOR CORRESPONDENCE: mkachigian@hjkwlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is RID620/20076.

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).

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /markgkachigian/      Date: 06/30/2020
Signatory's Name: Mark G. Kachigian
Signatory's Position: Attorney of Record, an Oklahoma Bar member
Signatory's Phone Number: 918-587-2000


Response Signature
Signature: /markgkachigian/     Date: 06/30/2020
Signatory's Name: Mark G. Kachigian
Signatory's Position: Attorney of Record, an Oklahoma Bar member

Signatory's Phone Number: 918-587-2000

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:    MARK G. KACHIGIAN
   HEAD, JOHNSON, KACHIGIAN & WILKINSON, PC
   
   228 WEST 17TH PLACE
   TULSA, Oklahoma 74119
Mailing Address:    Mark G. Kachigian
   HEAD, JOHNSON, KACHIGIAN & WILKINSON, PC
   7134 South Yale Avenue, Suite 440
   TULSA, Oklahoma 74136
        
RAM Sale Number: 88849425
RAM Accounting Date: 06/30/2020
        
Serial Number: 88849425
Internet Transmission Date: Tue Jun 30 17:20:06 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020063017200633
3297-88849425-710ac527f7ba96834145685943
176a1d0116bc83a87189e75411eed26f0b7ddd-C
C-20045300-20200630171244460697