Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1112338
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`Filing date:
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`02/04/2021
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`Applicant
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`88619869
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`DermaZoo Holdings, LLC
`
`Applied for Mark
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`TRISOPHTHO
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`Correspondence
`Address
`
`SIMOR L. MOSKOWITZ
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`UNITED STATES
`Primary Email: trademarkmail@whda.com
`Secondary Email(s): smoskowitz@whda.com, tjeffery@whda.com
`703-827-3800
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`Submission
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`Attachments
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Applicants Request for Remand and Amendment
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`TrisOphtho_Request for Reconsideration and Remand.pdf(123948 bytes )
`TrisOphtho screenshot display 02-03-2021.pdf(145260 bytes )
`TrisOphtho Dec.pdf(49675 bytes )
`
`Simor L. Moskowitz
`
`smoskowitz@whda.com, tjeffery@whda.com, trademarkmail@whda.com
`
`/Simor L. Moskowitz/
`
`02/04/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL & APPEAL BOARD
`
`
`
`In re the Application of:
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`
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`DermaZoo Holdings, LLC
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`
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`Serial No.: 88/619869
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`Filed: September 17, 2019
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`Mark: TrisOphtho
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`Trademark Examining Attorney:
`Michael M. Larkey
`Law Office 116
`
`
`
`On Appeal
`
`
`REQUEST FOR REMAND, RECONSIDERATION, AND SUSPENSION
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`
`
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`Applicant hereby requests that the above-captioned application be
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`remanded to the Examining Attorney for reconsideration of the final refusal of registration
`based upon substitute specimen of use and supporting Declaration attached hereto; and
`that the appeal be suspended pending such reconsideration.
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`This appeal is based upon the Examining Attorney’s refusal to register the
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`mark TrisOphtho because (1) “… the specimen in International Class 5 is not acceptable
`as a display associated with the goods and does not show the applied-for mark as actually
`used in commerce”; and (2) the specimen does not show the mark in the drawing in use
`in commerce in International Class 5, which is required in the application or amendment
`to allege use… In this case, the specimen displays the mark as TRIS OPHTHO.
`However, the drawing displays the mark as TRISOPHTHO. The mark on the specimen
`does not match the mark in the drawing because the mark is the drawing has the wording
`compressed into one word, while specimen show the wording on different lines. Applicant
`has thus failed to provide the required evidence of use of the mark in commerce”.
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`Applicant is now submitting a substitute specimen in the nature of a
`
`
`screenshot “display” printed February 2, 2021 from https://www.amazon.com/Dermazoo-
`Ophtho-Wipes-50ct-
`Individual/dp/B075X1KKNM/ref=sr_1_4?crid=39BCNZFOYMX5&dchild=1&keywords=tri
`sophtho+eye+wipes&qid=1612392646&sprefix=TrisOphtho%2Caps%2C165&sr=8-4,
`with supporting Declaration, which clearly shows use of the mark as TrisOphtho, as is
`shown in the application as filed.
`
`
`

`

`Applicant submits that the substitute specimen is an acceptable display
`showing use of the mark in connection with the goods, and thus supports the application.
`As such, Applicant requests a favorable reconsideration by the Examining Attorney based
`upon this newly submitted specimen, and acceptance of the application, and its
`publication for opposition.
`
`
`
`Respectfully submitted,
`
`DermaZoo Holdings, LLC
`
`By: /Simor L. Moskowitz/
`Simor L. Moskowitz
`Westerman, Hattori, Daniels & Adrian, LLP
`8500 Leesburg Pike, Suite 7500
`Tysons, VA 12282
`smoskowitz@whda.com
`
`Attorneys for Applicant
`
`
`Dated: February 4, 2021
`Atty. Docket: TM190127US00
`
`
`

`

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`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re the application of:
`
`DermaZoo Holdings, LLC
`
`Serial No.: 88/619869
`
`Filed: September 17, 2019
`
`Mark: TrisOphtho
`
`DECLARATION UNDER RULE 2.20
`
`The undersigned declares that he/she is authorized to make this Declaration on
`
`Applicant’s behalf in support of the above-identified application, and states that the
`
`attached
`
`specimen
`
`screenshot
`
`printed
`
`February
`
`2,
`
`2021
`
`from
`
`https:llwww.amazon.com/Dennazoo—Ophtho-Wipes—50ct—
`
`lndividual/dp/BO75X1KKNM/ref=sr 1 4?crid=BQBCNZFOYMX5&dchild=1&keywords=tri
`
`so phtho+e ye+wi ges&gid=1 61 2392646&sprefix=TrisOphtho%2C_a_ps%2C1 65&sr=8-4,
`
`is
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`a true “display" specimen of the mark as currently used in commerce by Applicant as to
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`the goods, and as so used as of the filing date of the above-identified application as to
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`the goods in Class 5.
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`All statements made herein of his own knowledge are true and that all statements
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`made on information and belief are believed to be true; and further that these statements
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`were made with the knowledge that willful false statements and the like so made are
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`punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United
`
`States Code and that such willful false statements may jeopardize the validity of this
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`document, the subject application or any registration resulting therefrom.
`
`DermaZoo Holdings, LLC
`
` By:
`
`'
`Chris vo Stein, Chief Operating Officer
`
`Dated: February _, 2021
`Atty. Dkt. TM190127USOO
`
`