UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/181577
APPLICANT: SOPHION BIOSCIENCE A/S
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CORRESPONDENT ADDRESS: ROBERT J KENNEY BIRCH STEWART KOLASCH & BIRCH LLP PO BOX 747 FALLS CHURCH VA 22040-0747
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov
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MARK: SOPHION
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CORRESPONDENT’S REFERENCE/DOCKET NO: 2815-0147T
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 76/181577
This letter responds to the applicant’s communication filed on May 21, 2003.
The refusal to register Applicant’s mark based on Reg. No. 2593698 is hereby withdrawn.
The identification of goods as a “computer controlled automatic patch clamp system…” is unacceptable as indefinite. The applicant must amend the identification by listing the major parts of the system and describing the nature and use of the system. TMEP §1402.03(a). The applicant may adopt the following identification, if accurate: Scientific, electrical and optical apparatus and instruments, namely, computer controlled automatic patch clamp system comprised of [specify common commercial name of the components of the system and describe the goods with particularity] for handling and manipulating living cells and cell membranes and for analyzing chemical, biochemical and electro-physiological processes in living cells and cell membranes, functional characterization of ion channels and transporters of living cells and cell membranes, and electro-physiological patch clamp analysis, for use in microarray-based screening technology and in high throughput drug screening, in Class 9.
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.
The requirement to amend the Class 9 identification is maintained and made final.
The recitation of services is acceptable as written.
Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. Section 2.64(a). If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. Section 2.65(a).
/Caroline Fong Weimer/
Examining Attorney
Law Office 115
(703) 308-9115 ext. 211
(703) 746-6179 (FAX)
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.