| 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.
| 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.
90196893 COVI-STIX(Standard Characters, see http://uspto.report/TM/90196893/mark.png) has been amended as follows:
MARK
Applicant proposes to amend the mark as follows:
Current: COVI-STIX(Standard Characters, see http://uspto.report/TM/90196893/mark.png)
Proposed (USPTO generated image): COVISTIX (Standard Characters, see
mark)
The mark consists of standard characters, without claim to any particular font style, size, or color.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 005 for COVID-19 lateral flow viral antigen diagnostic test; Medical diagnostic test kits for the clinical detection of COVID-19 and Coronavirus featuring lateral flow tests
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: COVID-19 lateral flow viral antigen diagnostic test;
Medical diagnostic test kits for the clinical detection
of COVID-19 and Coronavirus featuring lateral flow tests;
Medical diagnostic test kits for the clinical detection of COVID-19 and Coronavirus comprised of
lateral flow tests for testing body fluidsClass 005 for COVID-19 lateral flow viral antigen diagnostic test; Medical diagnostic test kits for the clinical detection of COVID-19 and Coronavirus
comprised of lateral flow tests for testing body fluids
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
Miscellaneous Statement
In response to the examiner's request for information, applicant responds as follows: 1. Are the goods for the detection of COVID-19/coronavirus? Answer: The goods are for the detection of the
COVID-19 virus antigen. 2. What is the shape of applicant's identified goods? Answer: The goods comprise a testing kit, including a liquid dropper, a sample tube, a collection swab and a
rectangular-shaped test well. 3. Does applicant's test kits include testing sticks? Answer: The kit includes a rectangular-shaped test well.
Original PDF file:
mis-16072199130-202105141 41833677706_._COVISTIX_in
formation.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1Miscellaneous File2
Correspondence Information (current):
LINDSAY J. HULLEY
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@rutan.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 035359.0036T.
Correspondence Information (proposed):
Lindsay J. Hulley
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@rutan.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 035359.0036T.
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: /Lindsay J. Hulley/ Date: 05/14/2021
Signatory's Name: Lindsay J. Hulley
Signatory's Position: Attorney of record
Signatory's Phone Number: 714-641-5100 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: LINDSAY J. HULLEY
RUTAN & TUCKER, LLP
14TH FLOOR
611 ANTON BOULEVARD
COSTA MESA, California 92626
Mailing Address: Lindsay J. Hulley
RUTAN & TUCKER, LLP
14TH FLOOR
611 ANTON BOULEVARD
COSTA MESA, California 92626
Serial Number: 90196893
Internet Transmission Date: Fri May 14 14:30:44 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202105141430442
83156-90196893-780bfcb8cf0b0fea5a044e98e
db7857b69a235b9b3a339d313bd9bb4964a4093f
9-N/A-N/A-20210514141833677706
