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. 90550004 DEPRESSETTLING(Standard Characters, see http://uspto.report/TM/90550004/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 044 for Providing health information; Providing health information via a website; Providing medical information via a website; Providing medical information in the field of depression and treatments for depression; Providing mental health information via a website; Providing mental health and wellness information; Providing news and information in the field of medicine; Providing news and information in the field of depression and treatments for depression health; Providing on-line information, news and commentary in the field of health and wellness relating to depression and treatments for depression
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: Providing health information; Providing health information via a website; Providing medical information via a website; Providing medical information in the field of depression and treatments for depression; Providing mental health information via a website; Providing mental health and wellness information; Providing news and information in the field of medicine; Providing news and information in the field of depression and treatments for depression health; Providing news and information in the field of mental health about depression and treatments for depression; Providing on-line information, news and commentary in the field of health and wellness relating to depression and treatments for depression; Providing on-line information, news and commentary in the field of health and wellness relating to depression and treatments for depression.Class 044 for Providing health information; Providing health information via a website; Providing medical information via a website; Providing medical information in the field of depression and treatments for depression; Providing mental health information via a website; Providing mental health and wellness information; Providing news and information in the field of medicine; Providing news and information in the field of mental health about depression and treatments for depression; Providing on-line information, news and commentary in the field of health and wellness relating to depression and treatments for depression.
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


OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Axsome Therapeutics, Inc., a corporation of Delaware, having an address of
      200 Broadway, 3rd Floor
      New York, New York 10038
      United States
      Email Address: XXXX

Proposed: Axsome Therapeutics, Inc., a corporation of Delaware, having an address of
      22 Courtlandt St, 16th Floor
      New York, New York 10007
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
DEPRESSETTLING appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.

Correspondence Information (current):
      RACHEL JACQUES
      PRIMARY EMAIL FOR CORRESPONDENCE: rjacques@mabr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@mabr.com

The docket/reference number is A3225.82855U.
Correspondence Information (proposed):
      Rachel Jacques
      PRIMARY EMAIL FOR CORRESPONDENCE: rjacques@mabr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@mabr.com

The docket/reference number is A3225.82855U.

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: /Rachel Jacques/     Date: 10/06/2021
Signatory's Name: Rachel Jacques
Signatory's Position: Attorney of record, Utah Bar Member

Signatory's Phone Number: 4352521360 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:    RACHEL JACQUES
   MASCHOFF BRENNAN
   
   1389 CENTER DRIVE, SUITE 300
   PARK CITY, Utah 84098
Mailing Address:    Rachel Jacques
   MASCHOFF BRENNAN
   1389 CENTER DRIVE, SUITE 300
   PARK CITY, Utah 84098
        
Serial Number: 90550004
Internet Transmission Date: Wed Oct 06 13:36:19 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2021100613361925
4269-90550004-781a3fb71daca9c49b8112e527
2b121bebfb5efe9136b4d78a8c939ccabe7e5f2-
N/A-N/A-20211006132724801738