Response to Office Action

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

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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. 90114716 ADAGIO (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9011471 6/large) has been amended as follows:

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

Applicant has entered a limitation to its goods clearly indicating that the goods identified by the applied-for mark do not include nor are related to the services identified by the cited marks. Therefore, Applicant respectfully requests that the Examining Attorney withdraw the initial refusal.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Pharmaceutical preparations and substances for the treatment and prevention of viruses; chemical, biochemical and microbial products, namely, antibodies being pharmaceutical preparations for the treatment and prevention of viruses
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 and substances for the treatment and prevention of viruses; chemical, biochemical and microbial products, namely, antibodies being pharmaceutical preparations for the treatment and prevention of viruses; all of the aforementioned exclude treatment or prevention of gynecological-related infectionsClass 005 for Pharmaceutical preparations and substances for the treatment and prevention of viruses; chemical, biochemical and microbial products, namely, antibodies being pharmaceutical preparations for the treatment and prevention of viruses; all of the aforementioned exclude treatment or prevention of gynecological-related infections
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


ADDITIONAL STATEMENTS
Description of mark
The mark consists of six circles arranged in a horizontal pattern wherein the first, third and fifth circles are situated slightly below the second, fourth and sixth circles. Each circle contains one letter. From left to right the circles contain the letters "a," "d," "a," "g," "i, " and "o." A diagonal line connects the circles containing the first "a" and "d." Diagonal lines also connect the second "a" circle to the "g" circle, the "g" circle to the "i" circle, and the "i" circle to the "o" circle.
Correspondence Information (current):
      ANGELA ALVAREZ SUJEK
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@honigman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 474234.
Correspondence Information (proposed):
      Angela Alvarez Sujek
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@honigman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 474234.

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: /angela alvarez sujek/     Date: 01/21/2021
Signatory's Name: Angela Alvarez Sujek
Signatory's Position: Attorney of Record, Michigan Bar Member

Signatory's Phone Number: 734-418-4212 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.

Mailing Address:    ANGELA ALVAREZ SUJEK
   HONIGMAN LLP
   
   39400 WOODWARD AVENUE, SUITE 101
   BLOOMFIELD HILLS, Michigan 48304-5151
Mailing Address:    Angela Alvarez Sujek
   HONIGMAN LLP
   39400 WOODWARD AVENUE, SUITE 101
   BLOOMFIELD HILLS, Michigan 48304-5151
        
Serial Number: 90114716
Internet Transmission Date: Thu Jan 21 14:22:28 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2021012114222848
7210-90114716-76052e1d75a421aa91ace38fff
fd53251cb6dd1fea71d16aeba32ab89570f78f24
-N/A-N/A-20210121105825826281