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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
90006829 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
ACTIPROTECT |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (005) (current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Pharmaceutical preparations; disinfectants; antiviral coatings and sprays; sprays and gels to apply to the face; face masks to block
pollen and pollution particles |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (005) (proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Pharmaceutical preparations; disinfectants; antiviral coatings and sprays; pharmaceutical preparations, namely, antiviral coatings and sprays; sprays and gels
to apply to the face; medicinal preparations, namely, medicinal sprays and gels to apply to the face for the treatment of allergies and respiratory
conditions; face masks to block pollen and pollution particles |
FINAL DESCRIPTION |
Pharmaceutical preparations; disinfectants; pharmaceutical preparations, namely, antiviral coatings and sprays; medicinal preparations,
namely, medicinal sprays and gels to apply to the face for the treatment of allergies and respiratory conditions |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(class added) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
face masks to block pollen and pollution particles |
FILING BASIS |
Section 1(b) |
CORRESPONDENCE INFORMATION (current) |
NAME |
ARRIELLE MILLSTEIN |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
trademarks@gsk.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
83094587 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Arrielle Millstein |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
trademarks@gsk.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
83094587 |
PAYMENT SECTION |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
NUMBER OF CLASSES |
1 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/ASM/ |
SIGNATORY'S NAME |
Arrielle Millstein |
SIGNATORY'S POSITION |
Attorney of Record, NY bar member |
SIGNATORY'S PHONE NUMBER |
12013707293 |
DATE SIGNED |
10/13/2020 |
RESPONSE SIGNATURE |
/ASM/ |
SIGNATORY'S NAME |
Arrielle Millstein |
SIGNATORY'S POSITION |
Attorney of Record, NY Bar Member |
SIGNATORY'S PHONE NUMBER |
201-370-7293 |
DATE SIGNED |
10/13/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Oct 13 15:41:29 ET 2020 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.X-202
01013154129768704-9000682
9-750e2d3d3d6afc8c18e3d4a
d53395f462dc2baca601bbaa6
2ae38c782e426f4a-DA-41290
040-20201013144321630542 |
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.
90006829 ACTIPROTECT(Standard Characters, see http://uspto.report/TM/90006829/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 005 for Pharmaceutical preparations; disinfectants; antiviral coatings and sprays; sprays and gels to apply to the face; face masks to block pollen and pollution particles
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: Pharmaceutical preparations;
disinfectants;
antiviral coatings and sprays;
pharmaceutical preparations, namely, antiviral coatings and sprays;
sprays and gels to apply to the face;
medicinal preparations, namely, medicinal sprays and gels to apply to the face for the treatment of allergies and respiratory conditions;
face masks to block pollen and pollution particlesClass 005 for Pharmaceutical preparations; disinfectants; pharmaceutical preparations, namely, antiviral coatings and sprays; medicinal
preparations, namely, medicinal sprays and gels to apply to the face for the treatment of allergies and respiratory conditions
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 010 for face masks to block pollen and pollution particles
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.
Correspondence Information (current):
ARRIELLE MILLSTEIN
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@gsk.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 83094587.
Correspondence Information (proposed):
Arrielle Millstein
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@gsk.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 83094587.
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: /ASM/ Date: 10/13/2020
Signatory's Name: Arrielle Millstein
Signatory's Position: Attorney of Record, NY bar member
Signatory's Phone Number: 12013707293
Response Signature
Signature: /ASM/ Date: 10/13/2020
Signatory's Name: Arrielle Millstein
Signatory's Position: Attorney of Record, NY Bar Member
Signatory's Phone Number: 201-370-7293
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: ARRIELLE MILLSTEIN
GSK
WJN0200
184 LIBERTY CORNER ROAD
WARNER, New Jersey 07059
Mailing Address: Arrielle Millstein
GSK
WJN0200
184 LIBERTY CORNER ROAD
WARNER, New Jersey 07059
RAM Sale Number: 90006829
RAM Accounting Date: 10/13/2020
Serial Number: 90006829
Internet Transmission Date: Tue Oct 13 15:41:29 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.X-202010131541297687
04-90006829-750e2d3d3d6afc8c18e3d4ad5339
5f462dc2baca601bbaa62ae38c782e426f4a-DA-
41290040-20201013144321630542