TEAS Response to Suspension Inquiry

PTO- 1822

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- 1822

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 Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 90141290 RLF-100(Standard Characters, see http://uspto.report/TM/90141290/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 88024449 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).
Serial number(s) 88024443 should not be used as a citation(s) under Section 2(d) because the applicant herein claims ownership of the referenced serial number(s), supported by a declaration. The applicant hereby requests removal of this application from suspension. If that the examining attorney is not persuaded by this ownership claim, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).

ARGUMENT(S)

We hereby request that trademark applications 88024449 and 88024443 not be used as citations under Section 2(d) in the event they proceed to registration. Please note drug companies often refer to drugs as code names. Here RLF-100 is for Relief Therapeutics, drug 100. Whereas the RFL-618 and RFL-613 are referring to drugs for a different company, Rafael Pharmaceuticals, Inc. Thus someone in the pharmaceutical industry would not be confused between Applicant's trademark application and the referenced pending trademark applications.

Correspondence Information (current):
      HEATHER M. SCHNEIDER
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdept@willkie.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hschneider@willkie.com

The docket/reference number is 127525.00001.
Correspondence Information (proposed):
      Heather M. Schneider
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdept@willkie.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hschneider@willkie.com

The docket/reference number is 127525.00001.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; 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: for a trademark or service mark application, the applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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: /Heather Schneider/    Date: 11/02/2021
Signatory's Name: Heather Schneider
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone Number: 212-728-8000
Signature method: Signed directly within the form

Response Suspension Inquiry Signature
Signature: /Heather Schneider/     Date: 11/02/2021
Signatory's Name: Heather Schneider
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone Number: 212-728-8000
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:    HEATHER M. SCHNEIDER
   WILLKIE FARR & GALLAGHER LLP
   
   787 SEVENTH AVENUE
   NEW YORK, New York
Mailing Address:    Heather M. Schneider
   WILLKIE FARR & GALLAGHER LLP
   787 SEVENTH AVENUE
   NEW YORK, New York 10019
        
Serial Number: 90141290
Internet Transmission Date: Tue Nov 02 14:10:20 ET 2021
TEAS Stamp: USPTO/RSI-X.XX.XX.XXX-202111021410205062
67-90141290-781ca96dbfe9d2af8a893aa58715
3c9e709fa4f545aeac635a3a0f2e5f9f933c5-N/
A-N/A-20211102140657226887