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. 90263282 ARIES (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9026328 2/large) has been amended as follows:

EVIDENCE
Evidence has been attached: Response
Original PDF file:
evi_6626712-2021092715414 1664087_._032402.004_ROA_ for_the_mark_ARIES.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 003 for Multi-purpose cleaning preparation with deodorizing properties; Pre-moistened disposable wipes impregnated with a cleaning preparation; Air filter for breathing machines and respiratory equipment; Air purifiers and filters for use in medical devices

Applicant hereby deletes the following class of goods/services from the application.
Class 005 for Sanitizing and disinfecting preparations for household and commercial use; Disinfecting wipes; Medical diagnostic reagents and assays for testing of body fluids; Sanitizing wipes; Antibacterial alcohol skin sanitizer gel; Disposable sanitizing wipes; Disposable wipes impregnated with disinfecting chemicals or compounds therefor for use in hospital and labs; Sponges, dressing, and wipes

Applicant hereby deletes the following class of goods/services from the application.
Class 011 for Air filters for residential, commercial, and industrial uses; Filters and fibrous filtering media for industrial and commercial use in the purification of air and in the removal of dust and particulate matter from air

Applicant proposes to amend the following:

Current:
Class 009 for Respiratory protection products, namely, air purifying respirators and rescue breathing apparatus; Protection masks; Protective face masks not for medical purposes; Self-contained breathing apparatus for use by first responders; Eye and face protection apparatus, namely, goggles, protective eyewear, protective glasses, and face shields; Protective work gloves; gloves for laboratory use; Protective clothing and headgear, namely, caps, gowns, and masks, lab coats, knit face masks, veils, hoods, face veils, coveralls, hoods, boots, glove liners, and bouffant caps used to cover the hair for industrial use, disposable shoe covers not for surgical or medical use, protective clothing in the nature of disposable sleeves
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: Respiratory protection products, namely, air purifying respirators and rescue breathing apparatus; Protective industrial respirators, namely, air purifying respirators and self-rescue breathing apparatus in the nature of oxygen breathing units; Protection masks; Protective face masks for the prevention of accident or injury; Protective face masks not for medical purposes; Protective industrial face masks; Self-contained breathing apparatus for use by first responders; Eye and face protection apparatus, namely, goggles, protective eyewear, protective glasses, and face shields; Eye and face protection apparatus, namely, safety goggles, protective eyewear, protective glasses, and industrial face shields; Protective work gloves; gloves for laboratory use; Protective clothing and headgear, namely, caps, gowns, and masks, lab coats, knit face masks, veils, hoods, face veils, coveralls, hoods, boots, glove liners, and bouffant caps used to cover the hair for industrial use, disposable shoe covers not for surgical or medical use, protective clothing in the nature of disposable sleeves; Protective clothing and headgear against accidents, namely, caps, gowns, and masks, lab coats, knit face masks, veils, hoods, face veils, coveralls, boots, glove liners, and bouffant caps used to cover the hair for industrial use, disposable shoe covers not for surgical or medical use, protective clothing in the nature of disposable sleeves; eye covers for protective purposesClass 009 for Protective industrial respirators, namely, air purifying respirators and self-rescue breathing apparatus in the nature of oxygen breathing units; Protective face masks for the prevention of accident or injury; Protective industrial face masks; Self-contained breathing apparatus for use by first responders; Eye and face protection apparatus, namely, safety goggles, protective eyewear, protective glasses, and industrial face shields; Protective work gloves; gloves for laboratory use; Protective clothing and headgear against accidents, namely, caps, gowns, and masks, lab coats, knit face masks, veils, hoods, face veils, coveralls, boots, glove liners, and bouffant caps used to cover the hair for industrial use, disposable shoe covers not for surgical or medical use, protective clothing in the nature of disposable sleeves; eye covers for protective 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 proposes to amend the following:

Current:
Class 010 for Sanitary masks for medical purposes; Surgical masks; Masks for use by medical personnel; Gloves for medical use; Face masks for use by dental care providers; Face masks for use by health care providers; Fashion masks being sanitary masks for protection against viral infection; Medical gowns; Patient examination gowns; Personal protective equipment (PPE), namely, masks for use by medical personnel; Surgical gowns; Surgical shoe covers; Surgical scrub hats; Surgical scrub hats featuring fashion prints; Medical apparel in the nature of hooded protective wear, body suits for use in medical examination and treatment; Personal protective equipment (PPE), namely, face shields for use in the medical and dental fields; Personal protective equipment (PPE), namely, masks for use by medical personnel; Protective gloves for medical use; Sanitary masks for dental use; Sanitary masks for dust isolation for medical purposes; Sanitary masks for dust prevention for medical purposes; Sanitary masks for medical purposes; Sanitary masks for medical wellness purposes; Sanitary masks for protection against viral infection; Sanitary masks for virus isolation purposes; Sanitary masks made of cloth for protection against viral infection; face covers for protective purposes; protective face masks not for medical purposes; face-protection shields; eye covers for protective purposes; protection masks; Lab coats; Drapes, wraps, and packs; Bed linen; Underpads; Procedure packs and sterilization wraps; incubator mattresses; cold/heat packs
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: Sanitary masks for medical purposes; Surgical masks; Masks for use by medical personnel; Gloves for medical use; Face masks for use by dental care providers; Face masks for use by health care providers; Fashion masks being sanitary masks for protection against viral infection; Medical gowns; Patient examination gowns; Personal protective equipment (PPE), namely, masks for use by medical personnel; Surgical gowns; Surgical shoe covers; Surgical scrub hats; Surgical scrub hats featuring fashion prints; Medical apparel in the nature of hooded protective wear, body suits for use in medical examination and treatment; Personal protective equipment (PPE), namely, face shields for use in the medical and dental fields; Personal protective equipment (PPE), namely, masks for use by medical personnel; Protective gloves for medical use; Sanitary masks for dental use; Sanitary masks for dust isolation for medical purposes; Sanitary masks for dust prevention for medical purposes; Sanitary masks for medical purposes; Sanitary masks for medical wellness purposes; Sanitary masks for protection against viral infection; Sanitary masks for virus isolation purposes; Sanitary masks made of cloth for protection against viral infection; face covers for protective purposes; face covers in the nature of sanitary masks for protective purposes, namely, for protection against viral infection; protective face masks not for medical purposes; sanitary masks for protection against viral infection; face-protection shields; medical drapes; eye covers for protective purposes; Therapeutic compression wraps; protection masks; Therapeutic hot therapy packs; Lab coats; Orthopedic cushions and padding; Drapes, wraps, and packs; mattresses specially adapted for use with incubators for medical purposes; Bed linen; Therapeutic hot and cold therapy packs; Underpads; Procedure packs and sterilization wraps; incubator mattresses; cold/heat packsClass 010 for Sanitary masks for medical purposes; Surgical masks; Masks for use by medical personnel; Gloves for medical use; Face masks for use by dental care providers; Face masks for use by health care providers; Fashion masks being sanitary masks for protection against viral infection; Medical gowns; Patient examination gowns; Personal protective equipment (PPE), namely, masks for use by medical personnel; Surgical gowns; Surgical shoe covers; Surgical scrub hats; Surgical scrub hats featuring fashion prints; Medical apparel in the nature of hooded protective wear, body suits for use in medical examination and treatment; Personal protective equipment (PPE), namely, face shields for use in the medical and dental fields; Personal protective equipment (PPE), namely, masks for use by medical personnel; Protective gloves for medical use; Sanitary masks for dental use; Sanitary masks for dust isolation for medical purposes; Sanitary masks for dust prevention for medical purposes; Sanitary masks for medical purposes; Sanitary masks for medical wellness purposes; Sanitary masks for protection against viral infection; Sanitary masks for virus isolation purposes; Sanitary masks made of cloth for protection against viral infection; face covers in the nature of sanitary masks for protective purposes, namely, for protection against viral infection; sanitary masks for protection against viral infection; medical drapes; Therapeutic compression wraps; Therapeutic hot therapy packs; Orthopedic cushions and padding; mattresses specially adapted for use with incubators for medical purposes; Therapeutic hot and cold therapy packs;
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):
      DEVON E. WHITE
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@wyrick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 032402.004.
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 032402.004.

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: /dew/     Date: 09/27/2021
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
        
Serial Number: 90263282
Internet Transmission Date: Mon Sep 27 15:53:36 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XX.X-2021092715533610558
8-90263282-781e0f1cca74397c14e3d188a5445
e7e55ec7db48244633df1792929ad3310-N/A-N/
A-20210927154141664087