throbber
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
`
`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
`
`Home
`
`; Ahomus r
`
`senrices.
`
`| uuimionalsuppienaenfs | Patiennaonns _ FAQ.
`
`[ Contact
`
`| Ne1v&Exi;fl|IpP.hI'r'aI1Iis
`
`
`
`Select Language V Powered by (magic Tra
`
`ANWAN iniorn1a*_i::~n Center"
`
`ldonia Cream
`
`Peiiei Th9"3|W
`_
`_
`_
`integrative Medicine
`
`Phygigai Medicine
`
`Code: NSE|4|]
`Price: $13.00
`
`Shipping Weight. 8.50 pounds
`
`Anti-Aging
`
`Eiectronic Heaith Records
`
`Cleansing & Weight Loss
`
`Natural Carbohydrate Program
`
`Pediatric Care
`
`Podiatn'c Care
`
`.
`.
`Gasimmiesunal
`
`Patient Education Series
`Picture of Health Foundation
`
`ANWAN Apparel Store
`
`Dr_ Dongvfin
`Chfisfje
`believes that
`
`good health is
`
`the key to
`
`Th"
`is pr
`
`old ‘at d
`L
`
`Des no
`
`I treat.
`
`ouneor prev
`
`ant
`
`cl"
`any Isease
`
`.
`
`Price: Purchase in clinic only
`
`[donia Herbal Body Cream — For the relief of all skin problems related to dryness:
`aging and aifergic eczema. Contains Mineral oil, Coconut Oil: Castor Oil.
`Frankincense, Myrrh, Petroiatum. Excellent lubricant with anti-inflammatory effects
`for all skin conditions.
`
`note
`
`Chanmi Of
`trade
`
`through lifestyle modification focused
`on preventing disease. Read more.
`
`3-ta -C--J3,-r'=g:': 231-1 '—'.'i‘\-i.l‘J '.'.'e.:r:.=.ss. i_| Ffignts Easel‘-rec‘ - E~'-lc- ca.-elocec I;-_: EiBEtI-:C§E|§::WS- -
`
`-C‘:':-at|'-re 1-‘rec |Z;es::_r 3i:J-'i|D
`
`

`
`
`
`
`Your First Step to Better Health
`
`
`
`I J
`
`Select Language V Pwwered by (magic Iransla
`ANWANInf«:-rrna
`rn
`enter
`
`Pellet Therapy
`
`integrative Medicine
`
`Physicat Medicine
`
`Ant‘i—Arging
`Electronic Health Records
`
`Cleansing Er Weight Loss
`
`get in touch with us today! Give us your feedback above.
`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
`
`Ofiice Hnurs
`Mondays, Tuesdays, Thursdays 8
`Fridays: B'[|i] AM - 5'31} PM
`
`Mailing Address:
`ANWAN Wellness. LLC
`451 at Charnbleeflunwa ndy Road,
`Suite 328
`Atlanta_ GA 30333
`
`"am" °"'"’°"V""“° P'"9”"“
`Padiamc Cam
`
`Wednesdays:
`Saturdays:
`
`9 30 AM — mu PM
`3:30 AM — 1:00 PM
`
`Billing Office Hours
`Monday Ihru Friday
`B 3l]AM — 600 PM
`Saturday
`9l]l]AM-1l]l]PM
`
`Directions to the Tucker office
`53
`.3 —c—_'—
`
`Pudiafic Care
`Gastrointestinal
`
`Patient Education Series
`
`Pidure of Health Foundation
`
`ANWAN Apparel Store
`
`Dr. Donovan Christie
`_
`believes that the Key in
`
`oud health is through
`ifestyie modification
`
`focused on preventing
`disease Read more
`
`2227 ldlewood Rd
`2227 Idlewood Rd, Tucker, GA 30094
`View larger map
`3,0,
`
`gave
`
`
`
`_Tuck” Lynnurrr Dr
`
`fay
`
`
`
`Z
`3
`:.
`3
`,,
`
`'"
`'%
`'5,
`2-
`-a
`g_
`
`_
`¢_-

`a
`r-.r
`5-
`:u
`=
`
`
`
`
`
`r
`
`rrr
`..
`S
`5
`E‘:
`3‘
`ro
`;
`2
`5
`1.
`u.
`-=
`2
`E-
`5
`Bmwnlee Dr
`E”
`“‘
`in or 2
`Elmdale ur
`/
`E
`r
` ®2Ut5Gua]le-Map data ezoi 5 Google Term: cll Uee
`3
`r
`C-tangle
`i
`View Lager Mag
`
`222? Idlu-and lid
`
`5
`3
`B
`_s_
`3
`:
`in
`.
`g
`9 Graruieor
`;
`2‘
`=~
`
`-
`
`+
`_
`Flepon a map error
`
`Directions to the Hapeville office
`
`.
`
`3
`725 N Central Ave
`30354
`725 N Central Ave. Hapeville. GA
`View larger map
`
`' ‘II Zion Hesgw
`‘,3;
`‘5
`air Dr ‘:2
`
`-if
`Save
`
` @2D15 Cioogle — Map data @2015 Gougie Terms olLise
`
`Flepod a map zrrur
`
`Viewlamer Mgg
`
`Vmlriacr hmwsirin ceccinri rlncedimeisrnerhedlv
`
`I
`
`Reeiarececcinn
`
`I
`
`at
`
`

`
`Research
`
`-
`
`- Swimming be
`through ’corIi
`Including plat
`change imprt
`I Expert; Thos:
`aren’t just for
`- Purdue profe
`based motor
`- viscous nan(
`universal law
`
`MIJFE RBSBE fCl'I
`
`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
`
`

`
`:h Park
`
`Tech Transfer
`
`Entrepreneur
`
`Fi:-undiy
`
`UDCJ
`Searcht
`s S
`
`Home
`
`About
`
`Business Dev.
`
`Financial Seivi
`
`Ci::mntei::ia|
`
`Residential
`
`Investments
`
`C '
`
`.
`
`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'
`
`Featured lnr
`‘nrnJm_

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket