Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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  76/380678

 

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

 

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. Section 1052(d).  TMEP section 1105.01.

 

Foreign Registration

 

The examining attorney accepts applicant’s foreign registration and English translation.  Therefore, pending the resolution of all the informalities below, the 1(b) status will be deleted.

 

Significance of Mark

 

The applicant must indicate whether the term "OPEN LUNG" has any significance in the relevant trade or industry or as applied to the goods or services.  37 C.F.R. Section 2.61(b).

 

Identification of Goods and Services

 

The applicant must clarify the identification of good and services, as indicated below, if accurate.  TMEP section 804.

 

 

 

{Applicant must delete all parentheses () within the identification.)

 

“Printed products, namely, instructional and teaching material in the field of [indicate the field or subject matter of the materials], adhesive labels, stickers, brochures [indicate the type of brochures or the subject matter of the brochures], books [indicate the type of books], graphical representations in the nature of [indicate the nature of the graphical representations, e.g., art reproductions, etc.], diagrams for [indicate use, e.g., building computer circuits], bindings for stationary and paper goods, namely, [indicate the specific goods], instructional material in the nature of  histological printed sections, catalogs [indicate specific field of use], loose-leaf binders, paper [indicate the type of paper, e.g., copy paper, loose-leaf, etc.] for recording devices, publication leaflets featuring, [indicate the subject matter of the leaflets], instructional and teaching aids, namely,  journals [indicate the type of journal, subject matter, field or area], and parts and accessories for all the goods mentioned above in International Class 016.”

 

Applicant must incorporate the specific medical training and continuation training in the identification, as it applies to the particular services; otherwise, the language becomes confusing as to its particular application to the services indicated above.

 

“Training services in the field of [indicate field or subject matter] organizing cultural activities, consultancy services for training [indicate the type of training or the field] and continuation training [indicate the type of training or the field], tele-learning courses [indicate the field or subject matter], publishing of texts [indicate the specific subject matter of the text], holding and directing of colloquiums [indicate the purpose and subject matter], organization and holding of conferences, conventions and symposiums [indicate the field or subject matter], instruction [indicate the nature of the instruction, e.g., classroom, etc.] in the field of [indicate the subject matter], holding and performing of seminars [indicate the field or subject matter], publication of books, loan and renting of films, photographs [indicate the nature of the services, e.g., photography services] and videos [indicate the nature of the services, e.g., videotaping], video film productions in International Class 041.”

 

Status and Information

 

If the applicant has access to the internet, current status and status date information is available on our website at www.uspto.gov.  The website provides several searchable databases, as well as general information about trademarks.

 

If the applicant does not have internet access, 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. 

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

C. Dionne Clyburn

Trademark Examining Attorney

Law Office 107

(703) 308-9107 ext. 239

ecom107@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.