Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1035165
`02/11/2020
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application Serial
`No.
`
`88242152
`
`Applicant
`
`A9.com, Inc.
`
`Notice of Appeal
`
`Notice is hereby given that A9.com, Inc. appeals to the Trademark Trial and Appeal Board the refusal to re-
`gister the mark depicted in Application Serial No. 88242152.
`Applicant has filed a request for reconsideration of the refusal to register, and requests suspension of the ap-
`peal pending consideration of the request by the Examining Attorney.
`
`The refusal to register has been appealed as to the following classes of goods/services:
`- Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Pharmaceuticals, namely, pharmaceuticalpre-
`parations and substances for the treatment of viral, infectious, metabolic, endocrine, musculoskeletal, car-
`diovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic,
`respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and immune system re-
`lated diseases and disorders; medical andveterinary preparations namely, prescription and non-
`prescription medicines in the form of pills, tablets, capsules, powders, syrups, sprays, gels, creams,
`caplets, liquid drops, sachets, and solutions for the treatment of viral, infectious, metabolic, endocrine,
`musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepato-
`logical, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and
`immune system related diseases and disorders; sanitary preparations for medical purposes; dietetic food
`and beverages adapted for medical or veterinary use; dietary supplements for humans and animals; med-
`ical and surgical plasters; materials for dressings, namely, sterilized dressings, burn dressings, wound
`dressings, medical dressings, and surgical dressings; material for stopping teeth, dental wax;disinfectants;
`ointments for pharmaceutical purposes, namely, antibiotic ointments, anti-fungal ointments, anti-
`inflammatory ointments, analgesic ointments, hemorrhoidal ointments, medicated ointments for treating
`dermatological conditions, and anti-itch ointments; ointments forpharmaceutical purposes, namely, medic-
`ated ointments for the treatment of viral, infectious, metabolic, endocrine, musculoskeletal, cardiovascular,
`cardiopulmonary, genitourinary, sexual dysfunction,oncological, hepatological, ophthalmic,respiratory,
`neurological, gastrointestinal, hormonal, dermatological, psychiatric and immune system related diseases
`and disorders; lotions for pharmaceuticalpurposes, namely, medicated lotions forthe treatment of viral, in-
`fectious, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual
`dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal,
`dermatological, psychiatric and immune system related diseases and disorders; lotions for pharmaceutical
`purposes, namely, pharmaceutical skin care lotions, antibiotic lotions, medicated aftershave lotions, med-
`icated sunburn lotions, anti-fungal lotions, medicated lotions for treating dermatological conditions; phar-
`maceutical skin lotions; balms for medical purposes
`- Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Pedometers; altimeters; scales; calculating ma-
`chines; data processing apparatus; computers; downloadable computer software for the transmission, dis-
`play, and review of messages via computer networks,communication networks and the global information
`network; downloadable computer software for personal information management; downloadable computer
`software for accessing, monitoring, organizing, managing and tracking shipments; downloadable computer
`software for transmitting, storing, manipulating, organizing, recording, and reviewing text, images, au-
`dio,video and data, including via global computer networks, wireless networks, and electronic communica-
`tions networks; downloadable computer software for accessingonline information; downloadable computer
`software for online shopping; downloadable computer software for facilitatingpayments and online transac-
`tions; downloadable computer software for conductingonline retail transactions and retail ordering for a
`wide variety of consumer goods
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`

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`- Class 010. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Surgical instruments and apparatus; medical
`apparatus and instruments for diagnosing, examining, treating, and monitoring viral, infectious, metabolic,
`endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncolo-
`gical, hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psy-
`chiatric and immune system related diseases and disorders; dental apparatus and instruments, namely,
`dental picks, dental caps, dental inlays, dental onlays,dental burrs, dental bridges, dental mirrors, dental
`drills, dental prostheses,dental gloves, dental syringes, dental bite trays, oral irrigators, teeth protectors for
`dental purposes, X-ray apparatus for dental imaging; medical apparatusand instruments, namely, medical
`imaging apparatus; medical apparatus for facilitating the inhalation of pharmaceuticalpreparations; in-
`halers for medical use;cups for dispensing medicine; testing apparatus for medical purposes, namely, ap-
`paratus for diagnosing, examining, and monitoring viral, infectious, metabolic,endocrine, musculoskeletal,
`cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthal-
`mic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and immune system
`related diseases and disorders
`- Class 020. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Containers, not of paper or metal, for storage or
`transport; commercial dispensers for pills or capsules, sold empty; plastic medication containers for com-
`mercial use; commercial medical storage apparatus, namely, plastic pill dispensers, plastic pill containers,
`medication cases, and non-metal plastic boxes for storing pills and medication, sold empty
`- Class 021. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Personal dispensers for pills or capsules for do-
`mestic use; personal medical storage apparatus, namely, plastic pill dispensers, plastic containers for
`storingand organizing medications and vitamins, and non-metal boxes for storing pills;lotion containers
`sold empty for domestic use
`- Class 035. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Advertising services; business management;
`business administration services; Providing office functions; online retail store services in the fields of
`medical,drug store, and general merchandise; online retail pharmacy services, namely, processing online
`prescription orders; retail store services featuring pharmaceutical and sanitary preparations and medical
`supplies; retail pharmacy services
`- Class 039. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Transport of goods; packaging and storage of
`goods; delivery of goods; deliveryof goods by mail order; distribution services, namely, delivery of pre-
`scriptionmedication; packaging of medication forothers
`- Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Provision of scientific information, advice and
`consultancy in relation to pharmacology; research and development in the field of pharmaceuticals; sci-
`entific research for medical purposes in the field of viral, infectious, metabolic, endocrine, musculoskeletal,
`cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthal-
`mic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and immune system
`related diseases and disorders; medical and scientific research, namely, conducting clinical trials; industri-
`al analysis and research services; design and development of computer hardware and software; platform
`as a service featuring computer software to permit users to identify, requestand receive pharmacy
`products; providing temporary use of online non-downloadable software to permit users to identify,request
`and receive pharmacy products; providing a website featuring information about medical devices, dia-
`gnostics anddrugs; providing medical and scientificresearch information in the fields of pharmaceuticals
`- Class 044. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Medical services; veterinary services; hygienic
`and beauty care for human beings or animals; preparation of prescriptions in pharmacies; preparation and
`dispensing of medications; providing information services relating to medications; providing information
`services relating to pharmaceuticals, namely, providing information relating to diagnostic, prophylactic and
`therapeutic properties of pharmaceuticals; providing medical informationto patients in the field of adminis-
`tering medications; providing medical information; providing a web site featuring medical information;
`providing informationin the field of health care in connection with retail pharmacy transactions, inparticular,
`information about medications, medication side effects, and drug interactions; health care services for
`
`

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`treating viral, infectious, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genit-
`ourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological,
`gastrointestinal, hormonal, dermatological, psychiatric and immune system relateddiseases and disorders;
`health care services, namely, provision of medical services by health care professionals via the internet or
`telecommunication networks; health care services in preparation for traveling
`Respectfully submitted,
`/THOMAS M. HADID/
`02/11/2020
`THOMAS M. HADID
`KILPATRICK TOWNSEND & STOCKTON LLP
`MAILSTOP: IP DOCKETING - 22
`1100 PEACHTREE STREET SUITE 2800
`ATLANTA, GA 30309
`UNITED STATES
`jewilson@kilpatricktownsend.com, tmadmin@kilpatricktownsend.com, kts-
`health@kilpatricktownsend.com
`310-310-7013
`
`