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. 90218085 LIQUIDIA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9021808 5/large) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: LIQUIDIA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9021808 5/large)
Proposed: LIQUIDIA (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of a circular design with hexagon figure on top of the circle and three lines drawn through both the circle design and hexagon, two lines angled across from each other on the top, and one vertical line at the bottom in the middle; the design is situated next to the wording "LIQUIDIA".

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Micro- and nano-particles, namely, those composed of polymers, and/or excipients, and/or therapeutics, and/or biologics used for general scientific, and/or medical diagnostic, and/or prophylactic, and/or research, and/or treatment purposes; Micro- and nano-particles
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: Micro- and nano-particles, namely, those composed of polymers, and/or excipients, and/or therapeutics, and/or biologics used for general scientific, and/or medical diagnostic, and/or prophylactic, and/or research, and/or treatment purposes; Micro- and nano-particles, namely, those composed of polymers, excipients, therapeutics, and biologics used for medical diagnostic and treatment purposes; Micro- and nano-particles with prophylactic properties, namely, those composed of polymers, excipients, therapeutics, and biologics used for medical diagnostic and treatment purposes; Micro- and nano-particlesClass 005 for Micro- and nano-particles, namely, those composed of polymers, excipients, therapeutics, and biologics used for medical diagnostic and treatment purposes; Micro- and nano-particles with prophylactic properties, namely, those composed of polymers, excipients, therapeutics, and biologics used for medical diagnostic and treatment purposes; Micro- and nano-particles
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


Applicant proposes to amend the following:

Current:
Class 040 for Custom manufacture of micro- and nano-particles, namely, those composed of polymers, and/or excipients, and/or therapeutics, and/or biologics, for general scientific, and/or medical diagnostic, and/or prophylactic, and/or treatment, and/or research purposes; custom manufacture of micro- and nano-particles used in the manufacture of medical and industrial goods other than those used for printing purposes; custom manufacture of micro- and nano-particles
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: Custom manufacture of micro- and nano-particles, namely, those composed of polymers, and/or excipients, and/or therapeutics, and/or biologics, for general scientific, and/or medical diagnostic, and/or prophylactic, and/or treatment, and/or research purposes; Custom manufacture of micro- and nano-particles, namely, those composed predominantly of polymers, for general scientific and research purposes and used in the manufacture of industrial goods other than those used for printing purposes; custom manufacture of micro- and nano-particles used in the manufacture of medical and industrial goods other than those used for printing purposes; custom manufacture of mico- and nano-particles, namely, those composed predominantly of polymers or therapeutics used for medical purposes; custom manufacture of micro- and nano-particles; Custom manufacture of micro- and nano-particles for industrial purposesClass 040 for Custom manufacture of micro- and nano-particles, namely, those composed predominantly of polymers, for general scientific and research purposes and used in the manufacture of industrial goods other than those used for printing purposes; custom manufacture of mico- and nano-particles, namely, those composed predominantly of polymers or therapeutics used for medical purposes; Custom manufacture of micro- and nano-particles for industrial purposes;
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


Applicant hereby adds the following class of goods/services to the application:
New: Class 001 for Micro- and nano-particles, namely, those composed of polymers, excipients, therapeutics, and biologics used for general scientific and research
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
Applicant wishes to replace the current drawing of record as it is appears to be distorted. Applicant has submitted a new JPEG file of the drawing with this response.

Correspondence Information (current):
      DEVON E. WHITE
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@wyrick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 022214.017.
Correspondence Information (proposed):
      Devon E. White
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@wyrick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 022214.017.

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).

FEE(S)
Fee(s) in the amount of $350 is being submitted.

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: /dew/      Date: 06/16/2021
Signatory's Name: Devon E. White
Signatory's Position: Attorney of Record
Signatory's Phone Number: 9197814000

Signature method: Sent to third party for signature

Response Signature
Signature: /dew/     Date: 06/16/2021
Signatory's Name: Devon E. White
Signatory's Position: Attorney of record, NC Bar member

Signatory's Phone Number: 919-882-7143 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:    DEVON E. WHITE
   WYRICK ROBBINS YATES & PONTON LLP
   
   4101 LAKE BOONE TRAIL, SUITE 300
   RALEIGH, North Carolina 27607
Mailing Address:    Devon E. White
   WYRICK ROBBINS YATES & PONTON LLP
   4101 LAKE BOONE TRAIL, SUITE 300
   RALEIGH, North Carolina 27607
        
PAYMENT: 90218085
PAYMENT DATE: 06/16/2021
        
Serial Number: 90218085
Internet Transmission Date: Wed Jun 16 14:29:21 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202106161429218
90927-90218085-780d8b7f091bcc2915c739ce2
f0864e20194ada86c72e1b484be96c66816b2c-C
C-29183515-20210616135505110005