Response to Office Action

OPUS

bioMérieux Inc.

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

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90253883
LAW OFFICE ASSIGNED LAW OFFICE 112
MARK SECTION
MARK mark
LITERAL ELEMENT OPUS
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 (001) (no change)
GOODS AND/OR SERVICES SECTION (005) (no change)
GOODS AND/OR SERVICES SECTION (010) (current)
INTERNATIONAL CLASS 010
DESCRIPTION
Laboratory test sample cards used to isolate, identify, quantify, reveal, control and detect contaminating substances and pathogens, for diagnostic purposes
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (010) (proposed)
INTERNATIONAL CLASS 010
TRACKED TEXT DESCRIPTION
Laboratory test sample cards used to isolate, identify, quantify, reveal, control and detect contaminating substances and pathogens, for diagnostic purposes; Laboratory test sample cards in the nature of cards for use in medical equipment to isolate, identify, quantify, reveal, control and detect contaminating substances and pathogens
FINAL DESCRIPTION
Laboratory test sample cards in the nature of cards for use in medical equipment to isolate, identify, quantify, reveal, control and detect contaminating substances and pathogens
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
CORRESPONDENCE INFORMATION (current)
NAME MAURY M. TEPPER, III
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mtepper@teiplaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) tmorris@teiplaw.com
CORRESPONDENCE INFORMATION (proposed)
NAME Maury M. Tepper, III
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mtepper@teiplaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) tmorris@teiplaw.com
SIGNATURE SECTION
RESPONSE SIGNATURE /Maury M. Tepper, III/
SIGNATORY'S NAME Maury M. Tepper, III
SIGNATORY'S POSITION Attorney of Record, NC Bar member
SIGNATORY'S PHONE NUMBER 919-861-8901
DATE SIGNED 09/20/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Mon Sep 20 13:17:41 ET 2021
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20210920131741780607-9025
3883-7819a456c8f5571ad5db
9a17371d15255eb43e48f864d
2c536383286db7785828b-N/A
-N/A-20210920113034560851



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. 90253883 OPUS(Standard Characters, see http://uspto.report/TM/90253883/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Laboratory test sample cards used to isolate, identify, quantify, reveal, control and detect contaminating substances and pathogens, for diagnostic 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.


Proposed:

Tracked Text Description: Laboratory test sample cards used to isolate, identify, quantify, reveal, control and detect contaminating substances and pathogens, for diagnostic purposes; Laboratory test sample cards in the nature of cards for use in medical equipment to isolate, identify, quantify, reveal, control and detect contaminating substances and pathogensClass 010 for Laboratory test sample cards in the nature of cards for use in medical equipment to isolate, identify, quantify, reveal, control and detect contaminating substances and pathogens
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

Correspondence Information (current):
      MAURY M. TEPPER, III
      PRIMARY EMAIL FOR CORRESPONDENCE: mtepper@teiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmorris@teiplaw.com
Correspondence Information (proposed):
      Maury M. Tepper, III
      PRIMARY EMAIL FOR CORRESPONDENCE: mtepper@teiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmorris@teiplaw.com

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: /Maury M. Tepper, III/     Date: 09/20/2021
Signatory's Name: Maury M. Tepper, III
Signatory's Position: Attorney of Record, NC Bar member

Signatory's Phone Number: 919-861-8901 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:    MAURY M. TEPPER, III
   TEPPER & EYSTER, PLLC
   
   3724 BENSON DRIVE
   RALEIGH, North Carolina 27609
Mailing Address:    Maury M. Tepper, III
   TEPPER & EYSTER, PLLC
   3724 BENSON DRIVE
   RALEIGH, North Carolina 27609
        
Serial Number: 90253883
Internet Transmission Date: Mon Sep 20 13:17:41 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202109201317417
80607-90253883-7819a456c8f5571ad5db9a173
71d15255eb43e48f864d2c536383286db7785828
b-N/A-N/A-20210920113034560851



uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed