V
`
`TRADEMARK
`452301-8006
`
`c ’
`
`'4
`
`i
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant
`
`Mark
`
`Serial No.
`
`Filing Date
`
`:
`
`:
`
`:
`
`:
`
`IPSEN, Société Anonyme
`
`IPSEN INNOVATION FOR PATIENT CARE
`
`79/002,059
`
`March 19, 2004
`
`Examining Attorney :
`
`Sean W. Dwyer
`
`Law Office
`
`:
`
`103
`
`FIRST QLASS MAIL
`
`l hereby certify that this correspondence is being deposited with
`the United States Postal Service as first class mail in an envelope
`addressed to: Commissioner for Trademarks, PO. Box 1451,
`Alexandria. VA 22313-1451, on July l5, 2005.
`
`Marilyn Matthes Brogan. Reg. No. 3l,223
`
`745 Fifih Avenue
`
`New York, New York 10151
`
`Name ofApplicant, Assignee or Regjs
`
`red Representative
`
`
`
`Signature.‘
`July 15, 2005
`
`
`Date of Signature
`
`AMENDMENT AFTER FINAL REFUSAL AND REQUEST FOR RECONSIDERATION
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Sir:
`
`In response to the Official Action (final refusal) dated January 18, 2005, Applicant
`
`respectfully requests that the above-referenced application be amended as follows:
`
`llllllllllllllllllllllllllllllllllllllllllllllllll
`
`07-1 8-2005
`
`u.s. Patent at TM01c/TM Mail Rcptozy m
`
`1
`
`00296743
`
`

`
`
`
`5:
`
`TRADEMARK
`452301-8006
`
`IN THE IDENTIFICATION OF GOODS AND SERVICES
`
`Please rewrite the identification of goods and services in classes 3, 31, 32, 41 and 42 to
`
`read as follows:
`
`--Soaps for personal use; perfumery, essential oils for industrial use and personal use,
`
`cosmetics; hair lotions; and dentifiices, in Class 3;
`
`--Agricultural, horticultural and forestry products, namely plants, flowers, vegetables, fruit,
`
`topsoil and unprocessed grains for consumption, in Class 31;
`
`--Mineral and aerated waters and other non-alcoholic beverages, namely, non-alcoholic
`
`beverages containing or flavored with tea; fruit beverages and fruitjuices; non-alcoholic syrups,
`
`extracts for making beverages, in Class 32;
`
`-—Training services in the fields of science, health, medicine and beauty; education services,
`
`namely,
`
`arranging
`
`and
`
`conducting
`
`colloquiums,
`
`conferences,
`
`conventions,
`
`seminars,
`
`symposiums in the fields of science, health, medicine and beauty, in Class 41;
`
`——Scientific, medical and industrial
`
`research services and research and development
`
`services for new products in the fields of science, health, medicine and beauty; design services
`
`for chemical products, proprietary medicines, plants and pharmaceutical procedures
`
`in
`
`production of pharrnacologically active substance and preparations of cosmetics; scientific and
`
`medical testing and diagnoses of chemical products, pharmaceutical products, cosmetic products,
`
`chemical, biological and bacteriological analysis; design and development of computers and
`
`software, all above mentioned services provided for others, in Class 42;
`
`——Medical services; veterinary services; providing hygienic and beauty care services for
`
`human beings; information services, namely, providing advice and consulting in connection with
`
`the medical, pharmaceutical and cosmetic fields, in Class 44--.
`
`2
`
`00296743
`
`

`
`si
`
`IN THE STATEMENT
`
`Please add the following:
`
`TRADEMARK
`452301-8006
`
`--The mark comprises a vertical S-shaped curved line which is dissected by two horizontal
`
`curved lines with a dot to the right of the curvature of the upper horizontal line together with the
`
`terms “Ipsen” and “Innovation for Patient Care”--; and
`
`--The color dark blue appears in the vertical S-shaped curved line and in the verbiage
`
`“lpsen” andV“Innovation for Patient Care”; and the color light blue appears in the two horizontal
`
`curved line and the dot to the right of the curvature of the upper horizontal line--.
`
`REMARKS
`
`The only issues which remain in this application are formal in nature.
`
`First, the identification of goods/services have been criticized as indefinite. Applicant has
`
`amended the identification, as set forth above, adopting in large part the proposals of the
`
`Examining Attorney, which proposals he is thanked.
`
`It
`
`is believed that only one of the
`
`suggestions of the Examining Attorney does not appear in the instant amendment, that being the
`
`suggestion that in Class 1,
`
`the recitation of “essential oils for industrial use", further “specify
`
`products or field of use, if possible” (Office Action dated January 18, 2005 at page 1).
`
`It is
`
`belied that the amended recitation in Class 1, as presented above, is in good form, that that any
`
`further specificity with respect to the oils for industrial use is not necessary; indeed, the Action
`
`only states that this should be done “if possible”. Moreover, a preliminary review of the USPTO
`
`database shows that there are a number of U.S. Registrations which have recently issued and
`
`which contain a recitation of “essential oils for industrial use”, in Class 3, without any further
`
`description. See, for example, U.S. Registration Nos. 2,895, 092 for the mark MISS SIXTY,
`
`dated October 19, 2004, and 2,8791lO for the mark FAIRPHARM, dated August 31, 2004
`
`(copies of the USPTO printouts of these registration details are appended hereto).
`
`3
`
`00296743
`
`

`
`TRADEMARK
`
`452301-8006
`
`Applicant submits that the amendment presented herein overcomes any criticism of the
`
`identification of goods/services as indefinite and places them into good form.
`
`Additionally, Applicant has been asked to insert a description of the mark and a description
`
`of where colors appear in the mark and this has been done by the instant Amendment.
`
`Applicant submits that the instant submission places this application into condition for
`
`publication, the early notification of which is respectfully solicited.
`
`If any formal
`
`issue should remain in this application,
`
`the Examining Attomey is
`
`respectfully asked to telephone the undersigned, so that it can be addressed promptly.
`
`This paper is filed together with a Notice of Appeal and required fee therefor.
`
`If any additional fees are required, or if any overpayment has been made, please charge or
`
`credit deposit account 50-0320.
`
`Respectfully submitted,
`
`FROMMER LAWRENCE & HAUG LLP
`
`Attorneys for Applicant
`lpL»_\_
`
`Marilyn Matthes Brogan
`Reg. No. 31,223
`(212) 588-0800
`
`_ )
`.
`/
`
`
`4
`
`00296743
`
`

`
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`Typed Drawing
`
`Word Mark
`Goods and
`
`MISS SIXTY
`
`SGFVICES
`
`.——‘)
`
`IC 003. US 001 004 O06 O50 O51 052. G 8- S: detergent soaps; perfume; essential oils for
`
`industrial use; cosmetics; hair lotions; and dentifrices
`___.___
`
`IC 009. US 021 023 026 036 038. G & S: eyeglasses and sunglasses; parts and fittings for these
`goods
`
`IC 014. US 002 027 028 050. G & S: jewelry; precious gemstones; horological instruments,
`namely, clocks, watches and chronometers
`
`IC 018. US 001 002 003 022 041. G & S: goods made of leather and imitation of leather, namely,
`animal skins and hides, walking sticks, whips, harnesses, saddlery, suitcases, luggage, trunks,
`parasols and umbrellas
`
`IC 029. US 046. G & S: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked
`fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products, namely, yogurts,
`cream, butter, cheese, chocolate milk; edible oils and fats
`
`IC 030. US 046. G 8. S: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour,
`cereals, bread, pastry and confectionery chips for baking; flavored ices; honey, treacle; yeast,
`baking-powder; salt, mustard; vinegar; condiments, namely, pepper oil, mayonnaise; spices; ice;
`and ice cream
`
`IC 032. US 045 O46 048. G & S: Beers; mineral and aerated waters and other non-alcoholic drinks,
`namely, punch, non-alcoholic beer, soft drinks; fruit drinks and fruit juices; syrups for making fruit
`dnnks
`
`IC 033. US 047 049. G & S: Alcoholic beverages, namely, whisky, wine, and spirits
`I
`
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`v
`
`IC 043. US 100 101. G & 8: contract food services, namely. services for providing food and drink;
`arranging temporary housing accommodations
`
`Mark Drawing
`Code
`serial Number
`
`Filing Date
`Current Filing
`Basis
`
`Original Filing
`Basis
`Published for
`Opposition
`Registration
`Number
`
`(1) TYPED DRAWING
`78136859
`
`June 19, 2002
`
`44E
`
`,
`.
`1B,44D,44E
`
`July 1. 2003
`
`2895092
`
`R°9""‘“°"
`Date
`
`October 19 2004
`'
`
`Owner
`
`(REGISTRANT) Fronsac Investment S.A. CORPORATION LUXEMBOURG 29. avenue Monterey
`Luxembourg LUXEMBOURG L-2163
`
`A55‘9""‘°"‘
`Recorded
`
`A“°"‘°V °f
`Record
`Prior
`Registrations
`Type of Mark
`Register
`Live/Dead
`Indicator
`
`(LAST LISTED OWNER) FRONSAC INVESTMENT S.A. COMPANY LUXEMBOURG 29,
`AVENUE MONTEREY LUXEMBOURG LUXEMBOURG L-1219
`ASSIGNMENT RECORDED
`
`Oliver E. Todd, Jr.
`
`2124033
`TRADEMARK. SERVICE MARK
`PRINCIPAL
`
`LIVE
`
`Nliw was->
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`
`
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`
`
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`Typed Drawing
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`Word Mark
`Goods and
`Services
`
`FAIRPHARM
`
`IC 003. US O01 O04 006 050 051 052. G & S: Deodorant soaps. medicated soap, skin soap, toilet
`
`soap, waterless soap, essential oils for personal use, essential oils for industrial use, cosmeticsif”
`hair lotions, dentifrice
`'
`
`IC 005. US O06 018 044 046 051 052. G & 3: Pharmaceutical, medical, and veterinary preparations,
`namely, weight reducing substances, anorectic substances, analeptics, preparations for the treatment
`of hypoxemia, analgesics, antirheumatics, antiallergenics, antianemics, antiarrhythmics, preparations
`for the treatment of dementia, nootropics, antienemics, antivertiginous drugs, antiinflammatory agents,
`antitussive substances, expectorants, preparations for the treatment of arteriosclerosis,
`balneotherapeutics and preparations for heat therapy, broncholytic agents, antiasthmatlcs, cholagogue
`and bile-duct therapeutics, corticoids, dermatics, disinfectants, antiseptics, dietetics, diagnostic
`preparations for clinical or medical laboratory use, diuretics, preparations for the stimulation of blood
`circulation, enzyme inhibitors, preparations for the treatment of enzyme deficiency and transport
`proteins, geriatric agents for the treatment of stress, geriatric nutritional supplements, preparations for
`the treatment of gout. preparations for the treatment of cold and flu, preparations for the treatment of
`hemorrhoids, hepatics, hypnotics, sedatives, immunomodulators, cardiac agents, laxatives, agents for
`lowering lipid levels, agents for the treatment of gastric and intestinal diseases, preparations for the
`treatment of migraine, mineral supplements, therapeutic agents for treatment of mouth and pharyngeal
`disease, muscle relaxants, preparations for the treatment of osteoporosis, regulators of calcium
`metabolism, preparations for the treatment of otological diseases, rhinological preparations,
`preparations for the treatment of sinusitis, roborants, nutritional supplements in the form of a tonic,
`thrombocyte aggregation inhibitors, urological preparations, venous therapeutics, vitamins;
`pharmaceutical preparations, namely, dietary preparations containing vitamin, mineral and trace
`elements and combinations thereof for supplementing foods; nutraceuticals for use as a dietary
`supplement; preparations for health care, namely, preparations and nutraceuticals containing vitamins,
`minerals, and trace elements, and combinations thereof. dietetic substances adapted for sanitary
`purposes, namely, dietary food supplements in particular with added vitamins; vitamin, mineral and
`trace element preparations and combinations thereof; plant-based preparations in the form of herbal
`teas for medicinal purposes and preparations, namely, herbal supplements made from plant extracts
`and combinations thereof; food supplements adapted for medical use; antibacterial soap; dietary drink
`
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`mix for use as a food replacement; nutritional drink mix for use as a food replacement; dietary food
`supplements based on vitamins, minerals, and trace elements, and combinations thereof, including the
`aforesaid goods where possible in the form of effervescent tablets and for making non-alcoholic
`beverages; food supplements not adapted for medical use
`
`IC 032. US 045 046 048. G & S: Mineral and aerated waters and other non-alcoholic drinks, namely,
`fruit drinks, carbonated soft drinks, low calorie soft drinks and non-carbonated soft drinks; effervescent
`tablets and other preparations for making non-alcoholic beverages, namely, fruit drinks, soft drinks and
`low—calorie soft drinks
`
`IC 035. US 100 101 102. G & S: Online e-commerce provider services, namely, retail shop services
`featuring vitamins, minerals, trace elements, nutraceuticals, food supplements, pharmaceuticals, health
`care preparations, dietetic substances, veterinary preparations, herbal supplements, mineral and
`aerated waters and non-alcoholic drinks, soaps, essential oils. cosmetics, hair lotions, dentrifices;
`computerized online ordering services in the field of vitamins, minerals, trace elements, nutraceuticals,
`food supplements, pharmaceuticals, health care preparations. dietetic substances, veterinary
`preparations, herbal supplements, mineral and aerated waters and non-alcoholic drinks, soaps,
`essential oils, cosmetics, hair lotions, dentrifices
`
`Mark
`
`Drawing
`Code
`Serial
`Number
`
`Filing Date
`Current
`
`Filing Basis
`Original
`Filing Basis
`Published
`for
`Opposition
`
`(1) TYPED DRAWING
`
`73147319
`
`Jwy25,2002
`
`44E
`
`44D;44E
`
`June 8, 2004
`
`Registration
`Number
`
`2879110
`
`Registration
`Date
`Owner
`
`Attorney of
`Record
`
`Priority Date
`Type of
`Mark
`
`Register
`LivelDead
`Indicator
`
`August31,2004
`
`(REGISTRANT) Hermes Fabrik Pharm. Praparate Franz Gradinger Company FED REP GERMANY
`Georg-Kalb-Str. 5-8 GroBhesselohe FED REP GERMANY D-82049
`
`Patricia E. McQueeney
`
`October 20, 2000
`
`TRADEMARK. SERVICE MARK
`
`PRINCIPAL
`
`LIVE
`
`
`
`
`
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`
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`I.HOME I SITE INDEXI SEARCH I BBUSINESS I HELP I PRIVACY POLICY
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