PTO- 1957 |
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 |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
90112352 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
AZSTARYS |
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 (current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Pharmaceutical products for the treatment of attention deficit and hyperactivity disorder (ADHD) |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
11178/2020 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
FOREIGN FILING DATE |
08/11/2020 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Pharmaceutical products for the treatment of attention deficit and hyperactivity disorder (ADHD) |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
11178/2020 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
FOREIGN FILING DATE |
08/11/2020 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
750652 |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Switzerland |
FOREIGN REGISTRATION
DATE |
08/12/2020 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-26011408780149034dc6 417a69b439a-141653939_._R
egistration_Certificate.PDF |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\901\123\90112352\xml5\ ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\901\123\90112352\xml5\ ROA0003.JPG |
ORIGINAL PDF FILE |
FRU0-26011408780149034dc6
417a69b439a-141653939_._R egistration_Certificate_- _English_Translation.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\901\123\90112352\xml5\ ROA0004.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\901\123\90112352\xml5\ ROA0005.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
CORRESPONDENCE INFORMATION (current) |
NAME |
Susan Neuberger Weller |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
snweller@mintz.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
jddib@mintz.com; acromanini@mintz.com; ipdocketingbos@mintz.com; Mintzdocketing@cpaglobal.com |
DOCKET/REFERENCE NUMBER |
072335434T01 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Susan Neuberger Weller |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
snweller@mintz.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
jddib@mintz.com; acromanini@mintz.com; ipdocketingbos@mintz.com; Mintzdocketing@cpaglobal.com |
DOCKET/REFERENCE NUMBER |
072335434T01 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Robyn M. Lynch/ |
SIGNATORY'S NAME |
Robyn M. Lynch |
SIGNATORY'S POSITION |
Head of Corporate Strategy & Business Planning |
DATE SIGNED |
03/05/2021 |
SIGNATURE METHOD |
Signed directly within the form |
RESPONSE SIGNATURE |
/Susan Neuberger Weller/ |
SIGNATORY'S NAME |
Susan Neuberger Weller |
SIGNATORY'S POSITION |
Attorney of record |
SIGNATORY'S PHONE NUMBER |
202-585-3510 |
DATE SIGNED |
03/05/2021 |
ROLE OF AUTHORIZED SIGNATORY |
Authorized U.S.-Licensed Attorney |
SIGNATURE METHOD |
Signed directly within the form |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Mar 05 14:29:54 ET 2021 |
TEAS STAMP |
USPTO/ROA-XXXX:XXX:XXXX:X
XXX:XXXX:XXXX:XXXX:XXXX-2
0210305142954639491-90112
352-770a094341bfe4bedca63
f5ea94789b3a9694535971fcc
d3ee5fb04b77aff9f-N/A-N/A
-20210305142829548057 |
PTO- 1957 |
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 |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
90112352 AZSTARYS(Standard Characters, see http://uspto.report/TM/90112352/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 005 for Pharmaceutical products for the treatment of attention deficit and hyperactivity disorder (ADHD)
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Switzerland application number 11178/2020 filed 08/11/2020]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Class 005 for Pharmaceutical products for the treatment of attention deficit and hyperactivity disorder (ADHD)
Deleted Filing Basis: 1(b)
Webpage URL: None Provided
Webpage Date of Access: None Provided
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Switzerland application number 11178/2020 filed 08/11/2020]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Switzerland registration number 750652 registered 08/12/2020
with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-26011408780149034dc6
417a69b439a-141653939_._R egistration_Certificate.PDF
Converted PDF file(s) ( 2 pages)
Foreign Registration-1Foreign Registration-2
Original PDF file:
FRU0-26011408780149034dc6
417a69b439a-141653939_._R egistration_Certificate_- _English_Translation.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1Foreign Registration-2
Correspondence Information (current):
Susan Neuberger Weller
PRIMARY EMAIL FOR CORRESPONDENCE: snweller@mintz.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jddib@mintz.com; acromanini@mintz.com; ipdocketingbos@mintz.com; Mintzdocketing@cpaglobal.com
The docket/reference number is 072335434T01.
Correspondence Information (proposed):
Susan Neuberger Weller
PRIMARY EMAIL FOR CORRESPONDENCE: snweller@mintz.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jddib@mintz.com; acromanini@mintz.com; ipdocketingbos@mintz.com; Mintzdocketing@cpaglobal.com
The docket/reference number is 072335434T01.
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)
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: /Robyn M. Lynch/ Date: 03/05/2021
Signatory's Name: Robyn M. Lynch
Signatory's Position: Head of Corporate Strategy & Business Planning
Signature method: Signed directly within the form
Response Signature
Signature: /Susan Neuberger Weller/ Date: 03/05/2021
Signatory's Name: Susan Neuberger Weller
Signatory's Position: Attorney of record
Signatory's Phone Number: 202-585-3510 Signature method: Signed directly within the form
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: Susan Neuberger Weller
MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C
SUITE 900
701 PENNSYLVANIA AVENUE, N.W.
WASHINGTON, District of Columbia 20004
Mailing Address: Susan Neuberger Weller
MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C
SUITE 900
701 PENNSYLVANIA AVENUE, N.W.
WASHINGTON, District of Columbia 20004
Serial Number: 90112352
Internet Transmission Date: Fri Mar 05 14:29:54 ET 2021
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20210305142954639491-90112352-7
70a094341bfe4bedca63f5ea94789b3a96945359
71fccd3ee5fb04b77aff9f-N/A-N/A-202103051
42829548057