UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/124838
APPLICANT: Cardiac Assist Technologies, Inc.
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CORRESPONDENT ADDRESS: ABHIJAT PARIKH KIRKPATRICK LOCKHART 535 SMITHFIELD ST STE 1500 PITTSBURGH PA 15222-2300
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom115@uspto.gov
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MARK: TANDEMHEART
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CORRESPONDENT’S REFERENCE/DOCKET NO: 00621
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/124838
On January 29, 2001 this application was suspended pending the disposition of Application Serial No. 75/590961. The prior pending application is no longer a potential bar to registration of the Applicant’s mark.
Upon further consideration, the examining attorney has reviewed the referenced application and determined the following.
The identification of goods is unacceptable as indefinite. The applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, the applicant must describe the product and its intended uses. TMEP §1402.01. Medical devices should be identified by their common commercial names and in many cases by a description of the use. The applicant may adopt the following identification of goods, if accurate: circulatory assist devices, namely, [specify the common commercial name]; percutaneous ventricular assist devices, namely, [specify the common commercial name]; implantable ventricular assist devices, namely, [specify the common commercial name] in International Class 010.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
RESPONSE GUIDELINES
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Current status and status date information is available, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed by calling (703) 305-8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven-digit registration number or eight-digit application number, followed by the “#” symbol, after the welcoming message and tone. Callers may request information for up to five registration number or application number records per call.
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
/Toni Y. Hickey/
Trademark Examining Attorney
Law Office 115
(703) 308-9115 X134
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.