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. 88923457 OPTEJET (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8892345 7/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Medical devices for the diagnosis and treatment of eyes, namely, for diagnosis or treatment of ocular diseases in conditions; ophthalmology medical devices, namely, an ophthalmic spray dispenser; Drug delivery system for pharmaceutical mydriasis, used in the preparation for treatment of ocular diseases in conditions, namely, a dispenser for eye drops, sold without the drugs
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/21/2020 and first used in commerce at least as early as 02/21/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Medical devices for the diagnosis and treatment of eyes, namely, for diagnosis or treatment of ocular diseases in conditions; ophthalmology medical devices, namely, an ophthalmic spray dispenser; ophthalmology medical devices, namely, an ophthalmic spray dispenser sold empty; drug delivery system for pharmaceutical mydriasis, used in the preparation for treatment of ocular diseases in conditions, namely, a dispenser for eye drops, sold without the drugsClass 010 for Medical devices for the diagnosis and treatment of eyes, namely, for diagnosis or treatment of ocular diseases in conditions; ophthalmology medical devices, namely, an ophthalmic spray dispenser sold empty; drug delivery system for pharmaceutical mydriasis, used in the preparation for treatment of ocular diseases in conditions, namely, a dispenser for eye drops, sold without the drugs
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/21/2020 and first used in commerce at least as early as 02/21/2020 , and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
      Karen Won
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketingbos@mintz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kwon@mintz.com; acromanini@mintz.com

The docket/reference number is 054216-401.
Correspondence Information (proposed):
      Karen Won
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketingbos@mintz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kwon@mintz.com; acromanini@mintz.com

The docket/reference number is 054216-401.

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)
Request for Reconsideration Signature
Signature: /kkw/     Date: 08/30/2021
Signatory's Name: Karen Won
Signatory's Position: Attorney for Applicant (NY Bar Member)

Signatory's Phone Number: 2126926704 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:    Karen Won
   Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C
   
   One Financial Center
   Boston, Massachusetts 02111
Mailing Address:    Karen Won
   Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C
   One Financial Center
   Boston, Massachusetts 02111
        
Serial Number: 88923457
Internet Transmission Date: Tue Aug 31 09:59:33 ET 2021
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-202108310959332
82823-88923457-781884a261d518d68d5721f78
ffd03af617e627e2597b634db2238e22c5a2d70d
-N/A-N/A-20210827164016564750