B017BBT/LAQ7 September 2015

THE DIRECTOR OF TRADEMARKSINTELLECTUAL PROPERTY PHILIPPINES (IPPHIL)G/F, 2/F, 14/F & 16/F World Finance Plaza Bldg. #28 Upper Mckinley Road, Mckinley Hill Town CenterFort Bonifacio, Taguig City

Re: Trademark : SPERM WELL Application No. : XXXXXXXXFiling Date :2 September 2015Class/s : 1, 5, 44Division : Trademark Examining

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Gentlemen:

This is in response to the Office Action marked as Paper No. 02 with mailing date of September 5, 2015.

The applicant disagrees that the words "SPERM WELL" consists exclusively of signs that are generic for the goods and services that the applicant seeks to identify. The word "SPERM" and "WELL" has already been disclaimed by the applicant, joined together with the "SPERM WHALE" device they are deemed to be an arbitrary mark taken in relation to class 44 - in vitro fertilization as they have no causal connection with the goods and services the applicant seeks to identify.

Furthermore, the applicant disagrees with the words "SPERM WELL" taken together does not mislead as to the quality of goods and services the applicant is offering. In fact, taken together the words "SPERM WELL" is a arbitrary mark by means of word play taken from the animal "SPERM WHALE" which has no causal connection with the services the applicant seeks to identify, which is a sperm bank and medical services. The term “WELL” does not in any way describe the nature, function, characteristic or quality of the covered goods. Moreover, with the disclaimer on the term “SPERM” and "WELL", there is more reason to treat the term “SPERM WELL” collectively. Such fact highlights the arbitrariness of the term “SPERM” and "WELL" taken together when applied to medical clinic services, in vitro fertilization services and cryogenic preparation under class 1 and 44 of the Nice Classification.

With the foregoing, we hope this application is now in condition for allowance.

Thank you.

Very truly yours,

Engel O. Ang Tong