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)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90062384 HEPION PHARMACEUTICALS(Standard Characters, see http://uspto.report/TM/90062384/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 for use in the treatment of diseases of the liver, diseases of the lungs and pulmonary system, infectious diseases, fibrosis, anti-virals, and anti-inflammatories
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 for use in the treatment of diseases of the liver, diseases of the lungs and pulmonary system, infectious diseases, fibrosis, anti-virals, and anti-inflammatories; Pharmaceutical preparations for use in the treatment of diseases of the liver, diseases of the lungs and pulmonary system, infectious diseases, and fibrosis; anti-virals and anti-inflammatoriesClass 005 for Pharmaceutical preparations for use in the treatment of diseases of the liver, diseases of the lungs and pulmonary system, infectious diseases, and fibrosis; anti-virals and anti-inflammatories
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use PHARMACEUTICALS apart from the mark as shown.

Correspondence Information (current):
      HAROLD MILSTEIN
      PRIMARY EMAIL FOR CORRESPONDENCE: svtmdocketing@sheppardmullin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 53ND-318992.
Correspondence Information (proposed):
      Harold Milstein
      PRIMARY EMAIL FOR CORRESPONDENCE: svtmdocketing@sheppardmullin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 53ND-318992.

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: /ChelseaaBush/     Date: 10/12/2020
Signatory's Name: Chelseaa Bush
Signatory's Position: Attorney for Applicant, CA bar member

Signatory's Phone Number: 650-815-2635

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:    HAROLD MILSTEIN
   SHEPPARD MULLIN RICHTER & HAMPTON LLP
   
   379 LYTTON AVENUE
   PALO ALTO, California 94301
Mailing Address:    Harold Milstein
   SHEPPARD MULLIN RICHTER & HAMPTON LLP
   379 LYTTON AVENUE
   PALO ALTO, California 94301
        
Serial Number: 90062384
Internet Transmission Date: Mon Oct 12 17:27:20 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202010121727201
84291-90062384-75014dc113a66b33e78cfd685
d9ee52260b5e2dbf252faef1764fdbebe17a397-
N/A-N/A-20201012172034753076