`valid OMB control number.
`PTO Form 1960 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 07/31/2017)
`
`Request for Reconsideration after Final Action
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`86315024
`
`LAW OFFICE ASSIGNED
`
`LAW OFFICE 118
`
`MARK SECTION
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`http://tmng-al.uspto.gov/resting2/api/img/86315024/large
`
`IDONA
`
`NO
`
`NO
`
`ARGUMENT(S)
`Applicant respectfully requests reconsideration of the Examiner’s Final Action in this matter. (cid:160)(cid:160)
`
`The Examining Attorney believes that the goods of the parties are related as the goods would travel
`through the same channels.(cid:160) Based upon the website of the owner of the cited mark, Applicant
`respectfully disagrees with this presumption.(cid:160) Per the Registrant’s website, the product is only
`available through the sales in its own clinics.(cid:160) Both clinics are within the State of Georgia, within a 50
`mile radius of Atlanta. (please see Documents 1 and 2 attached) (cid:160)(cid:160) Per the website, the product is not
`available through the internet. Applicant’s products will be sold through retailers of skin products such
`as Sephora or ULTA and through direct sales to dermatological clinics and spas.
`
`(cid:160)F
`
`urthermore, Applicant’s products are highly sophisticated and made from unique, novel and exotic
`plants found within the biodiverse regions of Colombia. (please see Documents 3 and 4 attached). It is
`highly unlikely that the sophisticated purchaser of high end cosmetics and facial creams would be
`confused with a product consisting of castor oil.
`
`EVIDENCE SECTION
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)EVIDENCE
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FILE NAME(S)
`
`\\TICRS\EXPORT16\IMAGEOUT
`16\863\150\86315024\xml12 \RFR0002.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT
`16\863\150\86315024\xml12 \RFR0003.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT
`16\863\150\86315024\xml12 \RFR0004.JPG
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`
`DESCRIPTION OF EVIDENCE FILE
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`\\TICRS\EXPORT16\IMAGEOUT
`16\863\150\86315024\xml12 \RFR0005.JPG
`
`Documents 1 and 2 are screenshots from Idonia website.
`Documents 3 and 4 are screenshots from Purdue Foundation
`website describing Applicant's products
`
`/Frances M Jagla/
`
`Frances M. Jagla
`
`SIGNATORY'S POSITION
`
`Attorney of Record, WA Bar member
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`CONCURRENT APPEAL NOTICE FILED
`
`FILING INFORMATION SECTION
`
`2062237749
`
`12/14/2015
`
`YES
`
`NO
`
`SUBMIT DATE
`
`Mon Dec 14 13:33:22 EST 2015
`
`TEAS STAMP
`
`USPTO/RFR-XXX.XXX.XXX.XX-
`20151214133322163288-8631
`5024-55043c3f5e433cc1af29
`13eb51d3b7e5e36e663876d97
`1cf9d2bf22c3606fb6ff3e-N/
`A-N/A-2015121413100824248
`1
`
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a
`valid OMB control number.
`PTO Form 1960 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 07/31/2017)
`
`Request for Reconsideration after Final Action
`To the Commissioner for Trademarks:
`
`Application serial no. 86315024(cid:160)IDONA (Stylized and/or with Design, see http://tmng-
`al.uspto.gov/resting2/api/img/86315024/large) has been amended as follows:
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`Applicant respectfully requests reconsideration of the Examiner’s Final Action in this matter. (cid:160)
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`
`(cid:160)T
`
`he Examining Attorney believes that the goods of the parties are related as the goods would travel
`through the same channels.(cid:160) Based upon the website of the owner of the cited mark, Applicant
`respectfully disagrees with this presumption.(cid:160) Per the Registrant’s website, the product is only available
`through the sales in its own clinics.(cid:160) Both clinics are within the State of Georgia, within a 50 mile radius of
`Atlanta. (please see Documents 1 and 2 attached) (cid:160)(cid:160) Per the website, the product is not available through the
`internet. Applicant’s products will be sold through retailers of skin products such as Sephora or ULTA
`and through direct sales to dermatological clinics and spas.
`
`(cid:160)F
`
`urthermore, Applicant’s products are highly sophisticated and made from unique, novel and exotic
`plants found within the biodiverse regions of Colombia. (please see Documents 3 and 4 attached). It is
`highly unlikely that the sophisticated purchaser of high end cosmetics and facial creams would be
`confused with a product consisting of castor oil.
`
`EVIDENCE
`Evidence in the nature of Documents 1 and 2 are screenshots from Idonia website. Documents
`3 and 4 are screenshots from Purdue Foundation website describing Applicant's products has
`been attached. Evidence-1
`Evidence-2
`Evidence-3
`Evidence-4
`
`SIGNATURE(S)
`Request for Reconsideration Signature
`Signature: /Frances M Jagla/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 12/14/2015
`Signatory's Name: Frances M. Jagla
`Signatory's Position: Attorney of Record, WA Bar member
`
`Signatory's Phone Number: 2062237749
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the
`highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal
`territories and possessions; 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. attorney or a Canadian
`attorney/agent not currently associated with his/her company/firm previously represented the owner/holder
`in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute
`power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
`withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the
`owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney
`appointing him/her as an associate attorney in this matter.
`
`The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
`
`Serial Number: 86315024
`Internet Transmission Date: Mon Dec 14 13:33:22 EST 2015
`TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-201512141333221
`63288-86315024-55043c3f5e433cc1af2913eb5
`1d3b7e5e36e663876d971cf9d2bf22c3606fb6ff
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`
`3e-N/A-N/A-20151214131008242481
`
`3e-N/A-N/A-20151214131008242481
`
`
`
` “"fl.-1V
`
`Your First Step to Better Health
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`Home
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`; Ahomus r
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`senrices.
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`| uuimionalsuppienaenfs | Patiennaonns _ FAQ.
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`| Ne1v&Exi;fl|IpP.hI'r'aI1Iis
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`ANWAN iniorn1a*_i::~n Center"
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`ldonia Cream
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`Tucker
`ANWAN Wellness, LLC
`2227 ldlewooii Road
`Hapeville
`725 Nonh Cennal Ave
`Tucker, GA 30084
`Phone: 678-205-2039
`Hapeville GA 30354
`Phone: 4l]4—?ti1-2766
`Fax: E78-2l]5-2l]4D
`Fax: 404761-6523
`heaithirllo
`anwan,i'1et
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`ANWAN Wellness. LLC
`451 at Charnbleeflunwa ndy Road,
`Suite 328
`Atlanta_ GA 30333
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`B 3l]AM — 600 PM
`Saturday
`9l]l]AM-1l]l]PM
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`Directions to the Tucker office
`53
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`2227 ldlewood Rd
`2227 Idlewood Rd, Tucker, GA 30094
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`Purdue visiting scholar to market face cream at Cosmoprof
`Worldwide Bologna
`
`March 12, 2015
`
`llflflr-"‘-E
`
`
`
`German Schafer, a
`visiting scholar in
`Purdue's Department of
`Agricultural and
`Biological Engineering,
`has developed a
`revitalizing skin cream
`from plants native to
`Colombia. Schafer will
`market the product
`March 20-23 at
`Cosm oprot Worldwide
`Bologna in Italy at the
`ProColombia exhibition
`space. (Purdue
`Research Foundation
`photo]
`Download Photo
`
`WEST LAFAYETTE, lnd., MEDELLIN, Colombia, BOLOGNA, Italy — Avisiling scholar in Purdue University's
`Department of Agricultural and Biological Engineering will introduce an all-natural face cream March 20-23 at
`Cosmogot Worldwide Bologna, the world's largest cosmetics convention.
`
`Gennan Schafer. a doctoral candidate in chemical engineering at Universidad de Antioquia in Medellin, Colombia,
`developed the ldona revita-thing ‘face cream from native plants for the startup BioProcol, which he founded.
`
`"My colleagues and I conducted research into the iru its from a variety of plants. and we discovered important
`molecules that could have applications in several industries including cos metics, nutraceuiicals, pharmaceuticals
`and veterinary products," he said. "BioProco| is looking to create the best applications for skin care and beauty
`products from these ingredients."
`
`Schtiier is refining the ldona revitalizing face cream at Purdue with Michael Ladisch, distinguished professor of
`agricultural and biological engineering and director of the Laboratogg of Renewable Resources Engineering.
`
`"Karl Wood and Arlene Rothwell in the Carnpus—Wide Mass Spectrometry Center perfonrred liquid chromatography-
`mass spectrometry anaiysis of the product to characterize its composition. and it came oLrt very similarto German's
`result in Colombia,‘ Ladisch said. "German and his work lit in well at Purdue, where innovators are encouraged to
`think about using their discoveries not only for scientific communication. but also to translate it into products for
`people around the world."
`
`Schafer will attend Cosrrloprot Worldwide Bologna with Protiglortttiia, a government agency that promotes non-
`traditional Colombian exports, foreign investment in Colombia and international tourism. ProCotombia will have an
`exhibition space at the conference, Piazza della Costituzione — it-D128, Bologna.
`
`"Cosmoprof Worldwide Bologna is the biggest and best cosmetics show in the world. Attendees include not only
`ingredient producers but also paciragers. final product producers and distributors." he said. "it is an honor to attend
`the conference with ProColombia and bring Colombia's biodiversity and industries to the world's attention."
`
`Schaier is working with business experts at the Purdgg Eourigy to evaluate the best path to introduce, transfer,
`distribute and commercialize BioProcol's products and technologies in the United States. Purdue Foundry is an
`entrepreneurship and commercialization hub in Discovery Park's Burton D. Morgan Center for Entrepreneurship on
`the Purdue campus.
`
`"|t is a great place to network and find ‘the right peopie to answer questions. It creates a dynamic entrepreneurial
`environmentthat stimulates and fosters an entrepreneur's creativity," he said. "We are exploring the best funding
`strategies and actions to create a second location for the business at the Purdue Research Park."
`
`About Pu rd ue Foundry
`
`The Purdue Foundry is an entrepreneurship and commercialization hub in Discovery Park's Burton D. Morgan Center for Entrepreneurship whose
`professionals help Purdue innovators create startups. ‘the Purdue Foundry is managed by the Purdue Research Foundation. which received the
`2014 incubator Network of the Year from the National Business incubation Association for its work in entrepreneurship. For more information about
`funding and investment opportunities in startups based on a Purdue innovation, contact the Purdue Foundry at tound[y@grt.org
`
`Sources: German Schafer, 2t]1—3‘13—65?3, gschafer@gio|:gocol.corn
`
`Michael Ladisch. 'r'65—4El'r=l—Tl]22, ladischgrgrrdueedu
`
`'t"i‘riter: Steve Martin, T65-538-3342, sgmarl:ig@,grf.o[g
`
`
`
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`Purdue visiting researcher to promote and
`
`Newssearch
`
`market all-natural skin cream to retailers, M
`
`distributors in Miami
`
`Connect with Us
`
`Published:June1t, 2015
`WEST LAFAYETTE, |nd., MIAMI, and MEDELLIN, Colombia — Distributors and retailers of cosmetic, Sl(|l'l care
`and natxirai products will come together June 1519 in Miami to meet several Colombian companies, including
`one led by a Purdue University visiting scholar.
`German Schiiter, a Colombianifierman entrepreneur, biodiversity and drug discovery scientist, developed
`with his team the all-natural IDONA Revitalizing Skin Cream with saporiins from native plants and sustainable
`Andean horticulture forthe startup Brcvroco: / Biodiverse Chemistry, which he founded in 2004 He will
`represent the company during meetings organized by ProColombia, a government agency that promotes
`non-traditional Colombian exporm, foreign investment in Colombia and international tourism.
`
`"The purpose of the meetings is to introduce Colombian enterprises with specialized cosmeceutic,
`dermooosmetic, organic and natutal skin care product distributors and retailers that might be interested in
`our innovations and unique produm under the IDONA — Ideas of Nature brand forthe Florida market," he
`said. "Colombia has a free trade agreement with the United States, and the program see ks to foster
`economic exchange and grow Colombian exports to the U S. This series of meetings is a fantastic opportunity
`for the company and the country."
`
`Schafer is refining the IDUNA Revitalizing Skin Cream and exploring new pharmaceutical, dermatological nd
`nutritional applicationsfor his technologies at Purdue with Michael Ladisch, distinguished professor of
`agricultural and biological engineering and director ofthe taoormcr ' oi Eenewaoie Qescurces E'
`nc-eon
`He also is working with business experts at the Purdue Foundry to evaluate the best path to introd uce,
`transfer, distribute and commercialize BioProcol's products and technologies in the United States.
`"It has been terrific to work with professor Ladisch, whose expertise is highly regarded in several sectors. I'm
`sure that with his guidance and wisdom, we have the best advice to bring Colombian biodiversity to the
`world Doing science and MD for human health and wellbeing, and using properly our renewable resources
`translates in social innovation and prosperity for our community and globally,“ Schafer said. "Purdue Foundry
`has helped me to explore strategies to introduce the productand to create a location for BioPro(o| at Purdue'-
`Resewch Pad-.. It has been a great experience working with its committed president and staff "
`About Purdue Foundry
`The F‘-_i':'ue Fcu-"org is an entrepreneurship and commercialization hub in Discovery Park's Burton D. Morgan
`Center for Entrepreneurs hip whose professionals help Purdae innovators create sta rtups. The Purdue
`Foundry is managed by the Purdue Research Foundation, which received the 2014 Incubator Network ofthe
`Year from the ‘National Eusiness Incubation Association for its work in entrepreneurship. For more information
`about funding and investmentopportunities in startups based on a Purdue innovation, contactthe Purdue
`
`l:-‘jail-ll‘:"i ll'l”':'‘ 15'
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