Offc Action Outgoing

FAMI

AMAR, ROGER E.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/313723

APPLICANT: AMAR, ROGER E.

CORRESPONDENT ADDRESS:

KIT M. STETINA

STETINA BRUNDA GARRED & BRUCKER

75 ENTERPRISE STE 250

ALISO VIEJO CA 92656-2626

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3513

ecom105@uspto.gov

MARK: FAMI

CORRESPONDENT’S REFERENCE/DOCKET NO: AMARR-002T

CORRESPONDENT EMAIL ADDRESS:

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.

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.

Serial Number 76/313723

The assigned examining attorney has reviewed the referenced application and determined the following.

General Refusal - Descriptive

The examining attorney refuses registration on the Principal Register because the proposed mark merely describes the goods/services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); TMEP §§1209 et seq.

General Principles Applicable to Section 2(e)(1) Cases

A mark is merely descriptive under Trademark Act Section 2(e)(1), 15 U.S.C. 1052(e)(1), if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant goods/services. In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987); In re Bed & Breakfast Registry, 791 F.2d 157, 229 USPQ 818 (Fed. Cir. 1986); In re MetPath Inc., 223 USPQ 88 (TTAB 1984); In re Bright‑Crest, Ltd., 204 USPQ 591 (TTAB 1979); TMEP §1209.01(b).

The applicant applied to register the mark FAMI for “medical cannulae and medical surgical services.” The proposed mark is descriptive, because it describes a feature of the relevant services. Fami is an acronym for “fat autograft muscle injection.” The applicant’s surgical services are used for “fat autograft muscle injection.” Fat is surgically extracted and replaced into your facial muscles. The examining attorney refers to the excerpted articles from the examining attorney’s search in a computerized database in which FAMI appeared in four stories. See attachments.

Therefore, the proposed mark is merely descriptive of the relevant services.

Specimens

The specimen is unacceptable as evidence of actual trademark use, because they are advertisements. Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases and other printed advertising material generally are not acceptable specimens. In re Bright of America, Inc., 205 USPQ 63 (TTAB 1979); TMEP §§904.05 and 904.07. See In re Ultraflight Inc., 221 USPQ 903 (TTAB 1984). The applicant must submit a specimen showing the mark as it is used in commerce. 37 C.F.R. §§2.56 and 2.88(b)(2). Examples of acceptable specimens are tags, labels, instruction manuals, containers, and photographs that show the mark on the goods or packaging. TMEP §§904.04 et seq. The applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use. 37 C.F.R. §2.59(b); TMEP §§904.09 and 1109.09(b).

If an amendment of the dates‑of‑use clause is necessary in order to state the correct dates of first use, the applicant must verify the amendment with an affidavit or a declaration in accordance with 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §§903.05 and 1109.09(a).

Search of The Office Records

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

Response

Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.

/Charles L.Jenkins,Jr./

Trademark Examining Attorney

Law Office 105

(703)308-9105 ex. 142

(703)746-3022 fax

ecom105@uspto.gov

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.

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

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

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SEND TO: JENKINS, CHARLES

TRADEMARK LAW LIBRARY

2101 CRYSTAL PLAZA ARC

MAILBOX 314

ARLINGTON, VIRGINIA 22202-4600
MAIL-IT REQUESTED: APRIL 16, 2003 10083K

CLIENT:

LIBRARY: NEWS

FILE: ALLNWS

YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:

FAMI W/5 FAT AUTOGRAFT MUSCLE INJECTION!

NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:

LEVEL 1... 4

LEVEL 1 PRINTED

DISPLAY FORMAT: VAR KWIC

SEND TO: JENKINS, CHARLES

TRADEMARK LAW LIBRARY

2101 CRYSTAL PLAZA ARC

MAILBOX 314

ARLINGTON VIRGINIA 22202-4600

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CanWest Global Communications Corp.

The Star Phoenix (Saskatoon)

August 3, 2002 Saturday Final Edition

SECTION: Weekend Extra; Pg. E1

LENGTH: 1665 words

HEADLINE: Saving face: Vanity-driven boomers take extraordinary steps in quest to look good longer

BYLINE: Jenny Lee

DATELINE: VANCOUVER

BODY:

... acid and Artecoll more suitable for coarse lines, lines between the nose and mouth, and drooling at the angle of the mouth. Laser treatment and peels are good for fine wrinkles, fine lines and pigment irregularities. Here's a run down of options:

- Fat Autograft Muscle Injection (FAMI)

What it is: A new method of injecting a patient's own fat on or near facial muscles to enhance the volume in faces that have narrowed with age.

Risks: Because the filler comes from the patient's own body, there is virtually no risk of allergic reaction. The ...

CanWest Global Communications Corp.

Times Colonist (Victoria)

August 2, 2002 Friday Final Edition

SECTION: Life; Pg. D5

LENGTH: 1686 words

HEADLINE: Saving face: Pop into the doctor's office, a quick shot or two, and you can return to work minutes later, secure in the knowledge that your wrinkles and lines are about to disappear.

BYLINE: Jenny Lee

BODY:

Here's a run down of options:

Fat Autograft Muscle Injection (FAMI)

What it is: A new method of injecting a patient's own fat on or near facial muscles to enhance the volume in faces that have narrowed with age.

Risks: Because the filler comes from the patient's own body, there is virtually no risk of allergic reaction. The ...

CanWest Global Communications Corp.

Windsor Star

August 1, 2002 Thursday Final Edition

SECTION: HEALTH; Pg. B5

LENGTH: 566 words

HEADLINE: Ways to delay march of Father Time;

Procedures to not grow old gracefully

BYLINE: Southam Newspapers

DATELINE: Vancouver

BODY:

Here's a run-down of options:

* Fat Autograft Muscle Injection (FAMI): A new method of injecting a patient's own fat on or near facial muscles to enhance the volume in faces that have narrowed with age.

Cost: It is still too early to tell how long results will last.

* Intense Pulsed ...

CanWest Global Communications Corp.

The Vancouver Sun (British Columbia, Canada)

July 22, 2002 Monday Final Edition

SECTION: Healthy Life; Jenny Lee; Pg. C7

LENGTH: 1680 words

HEADLINE: Saving face: In Part 4 of our Baby Boomers series, we tackle what some secretly think is more important than feeling good -- looking great

BYLINE: Jenny Lee

BODY:

Here's a run down of options:

FAT AUTOGRAFT MUSCLE INJECTION (FAMI)

What it is: A new method of injecting a patient's own fat on or near facial muscles to enhance the volume in faces that have narrowed with age.

Risks: Because the filler comes from the patient's own body, there is virtually no risk of allergic reaction. The ...

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SEND TO: JENKINS, CHARLES

TRADEMARK LAW LIBRARY

2101 CRYSTAL PLAZA ARC

MAILBOX 314

ARLINGTON, VIRGINIA 22202-4600