Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT REGISTRANT’S TRADEMARK REGISTRATION

 

 

 

CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER:

 

http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp

 

 POST REGISTRATION OFFICE ACTION

ISSUE/MAILING DATE: 9/18/2013

U.S. Registration Number  1788030

 

The Combined Section 8 Affidavit & Section 9 Renewal Application was received on March 25, 2013.  The Section 9 portion of the combined filing can be granted.  However, the Section 8 portion is not accepted for the reason(s) set forth below.

The owner must submit a statement that clarifies the goods in the registration for class (10) which the mark is still in use in commerce.  15 U.S.C. §1058(b); 37 C.F.R. §2.161(e)(1); TMEP §1604.09(a), (c).  This statement must be verified with an affidavit or a signed declaration under 37 C.F.R. §2.20.

Different Goods

The Section 8 Affidavit of record lists goods that are different from the goods identified in the registration.  Specifically, the Section 8 Affidavit identifies the goods as “medical apparatus and instruments for arthroscopic surgery,” and the registration identifies the goods as “surgical apparatus and instruments for arthroscopic surgery.”  The identification of goods set forth in the Section 8 Affidavit cannot be different from or broader in scope than those listed in the registration.

 

If the Section 8 Affidavit is intended to cover fewer than all the goods in the registration, then the owner must specify the goods being deleted.  37 C.F.R. §2.161(e)(2); TMEP §1604.09(b).  Goods omitted from a Section 8 Affidavit will be deleted from the registration.

 

RESPONSE TIME DEADLINE:  A complete response must be received within 6 months from the issuance date of this Office action.  The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration.  37 C.F.R. §2.163(b)-(c); TMEP §1604.16.

 

DEFICIENCY SURCHARGE REQUIRED:  The owner must submit a $100 deficiency surcharge with its response to this Office action.  37 C.F.R. §§2.6, 2.164(a)(1); TMEP §1604.17(a).

Tammy Logan

Program Analyst

Trademark Services

Office 571-272-4288

Fax     571-273-4288

USPTO

 

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration.  For technical assistance with online forms, e-mail TEAS@uspto.gov.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by (1) the individual owner; (2) someone with legal authority to bind the owner (e.g., a corporate officer or general partner); or (3) an authorized attorney, if one is appointed to represent the owner.  If the owner is represented by an attorney, the attorney must sign the response.

 

CHECK THE STATUS OF THE REGISTRATION:  To check the status of your registration at any time, visit the Office’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the complete status screen.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED SPECIALIST.